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
FEBRUARY 28, 2023 - 6:00 PM
CALL TO ORDER: Mayor Zak Schwank
INVOCATION: Sylvester Scott of Baha'is of Temecula
FLAG SALUTE: Mayor Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
PRESENTATIONS
David Showalter of Eide Bailly Regarding City's Annual Comprehensive Financial Report
ANNUAL JOINT MEETING - CITY COUNCIL AND PLANNING COMMISSION
BOARD / COMMISSION REPORTS
Community Services Commission, Planning Commission and Public/Traffic Safety Commission
PUBLIC SAFETY REPORT
County of Riverside, Fire Department (CAL FIRE)
PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.
CITY COUNCIL REPORTS
City Council Agenda February 28, 2023
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 Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.
Attachments: Agenda Report
2. Approve Action Minutes of February 14, 2023
Recommendation: That the City Council approve the action minutes of February 14, 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. Approve First Amendment to Agreement with Proactive Fire Design & Consulting, Inc., for Fire Department Plan Review Service for Fiscal Year 2022-23
Recommendation: That the City Council approve the first amendment to the annual agreement with Proactive Fire Design & Consulting, Inc., for Fire Department Plan Review Service for Fiscal Year 2022-23, in the amount
City Council Agenda February 28, 2023
5. 6.
7. of $25,000, for a total agreement amount of $505,000.
Attachments: Agenda Report
Amendment
Approve Consultant Agreement with Community Works Design Group for the Ronald Reagan Sports Park Skate Park, PW22-07
Recommendation:
That the City Council:
1. Approve a consultant agreement with Community Works Design Group in the amount of $213,823, for the Ronald Reagan Sports Park Skate Park, PW22-07; and
2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $21,382.30, which is equal to 10% of the agreement amount.
Attachments: Agenda Report
Agreement
Project Description
Project Location Map
Approve Agreements for On -Call Excavation, Backfill, and Grading Maintenance Services for Fiscal Years 2023-2028
Recommendation: That the City Council approve agreements for on -call excavation, backfill, and grading maintenance services for Fiscal Years 2023-2028 with Miko Mountain Lion, Inc., and NPG, Inc., in the amount of $1,000,000 each for the total term of the agreement.
Attachments: Agenda Report
Agreement - Miko Mountain Lion, Inc.
Agreement - NPG, Inc.
Approve Increase to the Professional Services Contingency Authorization for the Margarita Recreation Center Project, PW 17-21
Recommendation:
That the City Council:
1. Approve an increase to the contingency for professional services for the Margarita Recreation Center Project, PW 17-21 by $150,000; and
2. Increase the City Manager's authorized contingency by $150,000.
Attachments: Agenda Report
Project Description
City Council Agenda February 28, 2023
8. Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Mary Phillips Senior Center Outdoor Recreational Area Project, PW22-08 Recommendation
Attachments
That the City Council:
1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Mary Phillips Senior Center Outdoor Recreational Area Project, PW22-08; and
2. Make a finding that this project is exempt from NEPA per CFR 24, Section 58.34(a)(12), Categorical Exclusions; and
3. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines.
Agenda Report
Project Description
Project Location
9. Accept Improvements and File Notice of Completion for Santa Gertrudis Pedestrian/Bich Trail Extension and Interconnect Project, PW08-04
Recommendation: That the City Council:
Accept the construction of the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04; and
2. Direct the City Clerk to file and record the Notice of Completion, release Performance Bond, and accept a one-year maintenance bond in the amount of 10% of the final contract amount; and
3. Release Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed.
Attachments: Agenda Report
Notice of Completion
Contractor's Affidavit and Final Release
Maintenance Bond
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 February 28, 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.
10. Approve Action Minutes of February 14, 2023
Recommendation: That the Board of Directors approve the action minutes of February 14, 2023.
Attachments: Action Minutes
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTOR REPORTS
City Council
Agenda February 28, 2023
CSD ADJOURNMENT
The next regular meeting of the Temecula Community Services District will be held on Tuesday, March 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 February 28, 2023
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO
MEETING
TEMECULA HOUSING AUTHORITY - NO MEETING
TEMECULA PUBLIC FINANCING AUTHORITY
CALL TO ORDER: Chair Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
TPFA PUBLIC COMMENT
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.
TPFA 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 Temecula Public Financing Authority request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.
11. Approve Action Minutes of February 14, 2023
Recommendation: That the Board of Directors approve the action minutes of February 14, 2023.
Attachments: Joint Action Minutes
TPFA EXECUTIVE DIRECTOR REPORT
TPFA BOARD OF DIRECTOR REPORTS
City Council
Agenda February 28, 2023
TPFA ADJOURNMENT
The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, March 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 February 28, 2023
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of a project at the time of the hearing. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. At public hearings involving land use matters, the property owner and/or applicant has the burden of proof and, therefore, shall be allowed 15 minutes for an initial presentation, and an additional 10 minutes for rebuttal by its development team following other comments on the matter. An appellant, other than the property owner and/or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the public hearing, shall be allowed 15 minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the property owner, applicant or appellant. All other members of the public may speak during the public hearing for a maximum period of 5 minutes each. Deferral of one speaker's time to another is not permitted. In the event of a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.
12. Adopt Ordinance Amending Title 5 and 17 of the Temecula Municipal Code Pertainine to Massage Establishment, Accessory Dwelling Unit, Car Wash, Flag Pole Height Limits, Conditional Use Permits, Parking Garage Standards, Open Space Zoning Designation, Live Entertainment, Alcoholic Beverage Manufacturer, and Active and Passive Recreation and Find that this Ordinance is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061 (b)(3)
Recommendation: That the City Council adopt an ordinance entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 5 AND 17 OF THE TEMECULA
MUNICIPAL CODE, MAKING MINOR REVISIONS TO MASSAGE
ESTABLISHMENTS, ACCESSORY DWELLING UNIT (ADU), CAR
WASH, FLAG POLE HEIGHT LIMITS, AND CONDITIONAL USE
PERMITS (CUP'S), ESTABLISHES PARKING GARAGE
STANDARDS, CLARIFIES PERMITTED USES IN THE OPEN SPACE
ZONING DESIGNATION, IMPLEMENTS THE PROVISIONS OF THE
LIVE ENTERTAINMENT ORDINANCE (ORDINANCE NO. 2022-06)
FOR PLANNED DEVELOPMENT OVERLAY ZONES 4 AND 10,
MODIFY THE DEFINITION OF ALCOHOLIC BEVERAGE
City Council Agenda February 28, 2023
MANUFACTURER, AND ADD DEFINITIONS FOR ACTIVE AND
PASSIVE RECREATION, AND FIND THAT THIS ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061
(B)(3)
Attachments: Agenda Report
Ordinance
PC Resolution No. 2022-34
Notice of Public Hearing
Notice of Exemption
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.
13. Review Fiscal Year 2023-24 Budget Policies and Priorities Recommendation: That the City Council review the Fiscal Year 2023-24 Budget Policies and Priorities and provide feedback on Fiscal Policy Metrics.
Attachments: Agenda Report
14. Adopt Resolution Submitting to the Voters a Ballot Measure that Proposes to Establish Term Limits for City Council Members
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUBMITTING TO THE VOTERS AT THE NOVEMBER
5, 2024 GENERAL MUNICIPAL ELECTION A MEASURE THAT
PROPOSES ADOPTION OF AN ORDINANCE TO ESTABLISH
TERM LIMITS, REQUESTING THAT SUCH ELECTION BE
CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION
HELD ON THAT DATE, AND TAKING CERTAIN OTHER ACTIONS
Attachments: Agenda Report
R Pcnhltinn
Exhibit A - Proposed Ordinance
City Council Agenda February 28, 2023
DEPARTMENTAL REPORTS (RECEIVE AND FILE)
15. City Council Travel/Conference Report
Attachments: Agenda Report
Itinerary
16. Community Development Department Monthly Report
Attachments: Agenda Report
Planning Activity Report
17. Fire Department Monthly Report
Attachments: Agenda Report
Fire Department Report
18. Public Works Department Monthly Report
Attachments: Agenda Report
Project Status Report
ITEMS FOR FUTURE CITY COUNCIL AGENDAS
Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes unless extended by a majority vote of the City Council. No substantive discussion on the subject of the motion may occur. General discussion amongst the City Council on items listed under this section of the agenda shall be limited to 15 minutes.
Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed 3 minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54.
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 Kalfus)
3. Consider Rent Control Ordinance for Affordable Housing (At the Request of Council Member Stewart)
4. Consider the Process for Placement of Future Agenda Items (At the Request of Mayor Schwank)
City Council
Agenda February 28, 2023
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
The next regular meeting of the City Council will be held on Tuesday, March 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: February 28, 2023
SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.
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. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City's website and will be available in print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise required, the full reading of the title and text of all 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
FEBRUARY 14, 2023 - 6:00 PM
CLOSED SESSION - 5:00 PM
CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council convened in closed session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property interests, including certain permanent maintenance and access easements, temporary construction easements with a term of twelve months, covenants for construction of certain permanent improvements, and a conservation easement on four properties described below in connection with the proposed extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project"). Negotiators for the City are Patrick Thomas and Ron Moreno. The negotiators for the respective real property interests are set forth below. (i) The acquisition of certain property interests from the real property located at 31270 Tommy Lane in the City of Temecula (APN 957-150-005). Specifically, the City seeks to acquire an approximate 31,520 square foot temporary construction easement with a term of 12 months and an approximate 26,957 square foot permanent maintenance and access easement. The negotiating parties are the City of Temecula and the property owners Jose Leonardo Garcia and Mayerling Alida Monteros-Garcia. Under negotiations are price and terms of the acquisition of these property interests. (ii) The acquisition of certain property interests from the real property located at 39280 Deputy Road in the City of Temecula (APN 957-090-019). Specifically, the City seeks to acquire an approximate 29,630 square foot temporary construction easement with a term of 12 months, covenant authorizing the construction of certain permanent improvements in portions of that 29,630 square foot area, an approximate 16,956 square foot permanent maintenance and access easement, and a public utility easement. The negotiating parties are the City of Temecula and the property owners Sohan Singh and Kuldip Kaur Singh. Under negotiations are price and terms of the acquisition of these property interests.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding negotiations for the acquisition of the property interests of Rancon Commerce Center Phases 2, 3, & 4, Inc., a California non-profit mutual benefit corporation in the following parcels in connection with the Overland Drive Extension Project, PW16-06:
(i) Real property owned by the City of Temecula. The subject real property is commonly known as 27499 Commerce Center Drive, City of Temecula, California, and is identified as Riverside County Assessor's Parcel Number 921-480-031. The negotiating parties are the City of Temecula and the Board of Directors of the Rancon Commerce Center Phases 2, 3, & 4, Inc. Association. (ii) Real property owned by the City of Temecula. The subject real property is commonly known as 27495 Enterprise Circle West, City of Temecula, California, and is identified as Riverside County Assessor's Parcel Number 921-480-013. The negotiating parties are the City of Temecula and the Board of Directors of the Rancon Commerce Center Phases 2, 3, & 4, Inc. Association.
(iii) Real property owned by the City of Temecula. The subject real property is commonly known as 27498 Enterprise Circle West, City of Temecula, California, and is identified as Riverside County Assessor's Parcel Number 921-480-020. The negotiating parties are the City of Temecula and the Board of Directors of the Rancon Commerce Center Phases 2, 3, & 4, Inc. Association. The City negotiators for each of these real property interests are Patrick Thomas and Amer Attar. Under negotiation are the price and terms.
CALL TO ORDER at 6:00 PM: Mayor Zak Schwank
INVOCATION: Antonio Madrigal of The Eschatologist
FLAG SALUTE: Council Member Curtis Brown
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
PRESENTATIONS
Presentation of Riverside County Sheriffs Department CORE Team Presentation to 2022 Retired Board and Commission Members
BOARD / COMMISSION REPORTS
Planning Commission, Public/Traffic Safety Commission, Race, Equity, Diversity and Inclusion Commission
PUBLIC SAFETY REPORT
County of Riverside, Riverside County Sheriffs Department
PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
• Marshall Hamilton • Temecula Elementary Student Council • Slim Killens • Laurel Lamont
• Mick Sobczak • Jessica Christopher
• Derek Kinnison
The following individual(s) submitted an electronic comment:
• Melissa Bourbonnais
PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) addressed the City Council:
• Dario Bianchi (Item #15 and #17) • Bob Kowell (Item #17) • Robert Stack (Item #16) • Jessica Christopher (Item #15 and #17) • Dale Stewert (Item #17)
The following individual(s) submitted an electronic comment:
• Rick Reiss (Item #17)
CITY COUNCIL REPORTS
CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion Stewart, Second by Alexander. 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 January 24, 2023
Recommendation: That the City Council approve the action minutes of January 24, 2023.
3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2023-09
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 No. 2023-02 Amending Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets (Second Reading) Recommendation: That the City Council adopt an ordinance entitled:
ORDINANCE NO. 2023-02
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
5. Approve Fiscal Year 2022-23 Mid -Year Budget Adjustments Recommendation: That the City Council adopt the following resolutions entitled:
RESOLUTION NO. 2023-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AMENDING THE FISCAL YEAR 2022-23 ANNUAL
OPERATING BUDGET
3 6.
7. 8.
9. RESOLUTION NO. 2023-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE CAPITAL IMPROVEMENT
PROGRAM FISCAL YEARS 2023-27 AND AMENDING THE
CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2022-23
U.S. House of Representatives District Office Lease Amendment at the Temecula Civic Center
Recommendation
That the City Council approve U.S. House of Representatives District Office Lease Amendment at the Temecula Civic Center in substantially the form as attached.
Approve License Agreement with SAFE Alternatives for Everyone, Inc. for Use of City Real Property
Recommendation: That the City Council approve the license agreement between the City of Temecula and SAFE Alternatives for Everyone, Inc. (S.A.F.E.) for use of City Real Property.
Approve Second Amendment with San Diego State University_ Foundation for the Radio Communication Site Lease
Recommendation: That the City Council approve the second amendment with San Diego State University Foundation for the Radio Communication Site Lease extending the annual term for an additional three years, a 3% rent increase and a change in the insurance requirements, for a total contract amount of $80,982.12.
Approve Agreement with Rancon Commerce Center Phases 2, 3 & 4, Inc. in Connection with Overland Drive Extension Proiect - PW16-06
Recommendation: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 2023-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AGREEMENT BETWEEN CITY OF
TEMECULA AND RANCON COMMERCE CENTER PHASES 2, 3 &
4, INC. IN CONNECTION WITH OVERLAND DRIVE EXTENSION
PROJECT, PW 16-06
2. Authorize the City Manager to approve and execute the agreement between City of Temecula and Rancon Commerce Center Phases 2, 3 & 4, Inc. in Connection with Overland Drive Extension Project, PW 16-06 in substantially the form attached to the agenda report, and take all 4 necessary actions to effectuate the transactions described in the agreement.
10. Approve Mitigation Credit Purchase Agreement and Acknowledgement with RBV Mitigation Credits, LLC for the Santa Gertrudis Creek Trail Phase II - Margarita Road UndercrossiM PW 19-04
11. 12.
Recommendation
That the City Council approve the mitigation credit purchase agreement and acknowledgement between RBV Mitigation Credits, LLC and the City of Temecula for the purchase of mitigation credits with Barry Jones Wetland Mitigation Bank, in the amount of $31,350 for the Santa Gertrudis Creek Trail Phase II - Margarita Road Undercrossing, PW 19-04.
Award Construction Contract to LDCo, Inc. for the Mary Phillips Senior Center Enhancement and Renovation, PW20-13
Recommendation: That the City Council:
1. Award a construction contract to LDCo, Inc., in the amount of $1,286,000, for the Mary Phillips Senior Center Enhancement and Renovation, PW20-13; and
2. Authorize the City Manager to approve contract change orders up to 25% of the contract amount, $321,500; and
3. Make a finding that the Mary Phillips Senior Center Enhancement and Renovation, PW20-13 project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.
Accept Improvements and File the Notice of Completion for Ronald Reagan Sports Park Restroom Expansion and Renovation Project, PW18-03
Recommendation: That the City Council:
1. Accept the Design, Fabrication, Purchase and Installation of the Ronald Reagan Sports Park Restroom Expansion and Renovation Project, PW 18-03 by Public Restroom Company as complete; and
2. Direct the City Clerk to file and record the Notice of Completion for Public Restroom Company; and
3. Release Public Restroom Company's Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed; and
4. Accept the construction of the Ronald Reagan Sports Park Restroom Expansion and Renovation Project, PW18-03; as complete; and
5. Direct the City Clerk to file and record the Notice of Completion for IE General Engineering Inc. and release the performance bond; and
6. Release IE General Engineering Inc.'s Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed.
RECESS:
At 6:50 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and Joint Temecula Public Financing Authority and City Council Meeting. At 7:04 PM the City Council resumed with the remainder of the City Council Agenda.
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
16. Adont Resolutions of Necessitv for Acauisition by Eminent Domain of Certain Real Pronert Interests for Public Purposes on Assessor's Parcel Numbers 957-150-005 and 957-090-019 in Connection with the Construction of Public Street, Drainage, Access and Related Improvements, and all Uses Necessary or Convenient Thereto for the Proposed Extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection Recommendation: That the City Council:
1. Consider the following Resolutions, which are Resolutions of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof for public use in connection with the construction of public street, drainage, access, public utility and related improvements, and all uses necessary or convenient thereto for the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection:
RESOLUTION NO. 2023-14
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 957-150-005) 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
RESOLUTION NO. 2023-15
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
2. Open and conduct a hearing on the adoption of the proposed Resolutions of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolutions of Necessity, each of which requires the City Council's separate consideration and determination.
3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolutions of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolutions of Necessity, each of which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the Subject Property Interests summarized below and described more particularly in the Exhibits to each Resolution of Necessity:
(i) Jose Leonardo Garcia & Mayerling Alida Monteros-Garcia — 31270 Tommy Lane, Temecula (APN 957-150-005 — Garcia Parcel)
-An approximate 26,957 square foot permanent maintenance and access easement described more particularly on ATTACHMENT A and depicted on ATTACHMENT B.
-An approximate 31,520 square foot temporary construction easement with a term of twelve months is described more particularly on ATTACHMENT A-1 and depicted on ATTACHMENT B-1.
The approximate 26,957 square foot permanent maintenance and access easement and the approximate 31,520 square foot temporary construction easement the City seeks to acquire on the Garcia Parcel are referred to below collectively as the "Garcia Property Interests". The Garcia Property Interests are located on the portions of the Garcia Property within the Long Valley Wash, a natural flood control channel.
(ii) Sohan Singh and Kuldip Kaur Singh — 39280 Deputy Road, Temecula (APN 957-090-019 — Singh Parcel)
-An approximate 16,956 square foot permanent maintenance and access easement described more particularly on ATTACHMENT C and depicted on ATTACHMENT D.
-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.
-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.
The approximate 16,956 square foot permanent maintenance and access easement and the approximate 29,630 square foot temporary construction easement with a term of twelve months with a covenant that would authorize the construction of certain drainage, 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, and the approximate 648.59 square foot public utility easement in favor of Southern California Edison on the Singh Parcel are referred to below collectively as "Singh Property Interests". The permanent maintenance and access easement and the temporary construction easement are located on the portions of the Singh Parcel within the Long Valley Wash, a natural flood control channel. 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 and
incorporated herein by this reference.
4. If the City Council adopts the proposed Resolutions of Necessity, authorize the City Attorney's Office to file and prosecute eminent domain proceedings for the acquisition of the Subject Property Interests by eminent domain.
5. Authorize the City Manager to execute all necessary documents.
6. Authorize the City Clerk to certify the adoption of the Resolutions of Necessity.
Approved the Staff Recommendation (5-0): Motion Kalfus, Second by Brown. The vote reflected unanimous approval.
BUSINESS
17. Consider Term Limits for City Council Members (At the Request of Council Member Kalfus) Recommendation: That the City Council consider term limits for City Council Members and provide general direction regarding the same.
Motion to approve the placement of term limits on the November 2024 ballot, with a lifetime of three (3) four (4) year terms: (4-1): Motion Kalfus, Second by Alexander. The vote reflected unanimous approval with Schwank opposing.
DEPARTMENTAL REPORTS (RECEIVE AND FILE)
18. City Council Travel/Conference Report
ITEMS FOR FUTURE CITY COUNCIL AGENDAS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
The City Attorney stated there was no reportable actions from closed session.
ADJOURNMENT
At 7:58 PM, the City Council meeting was formally adjourned to Tuesday, February 28, 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
[SEAL]
Adjourned in Memory of
Richard "Dick" Fox
9 Item No. 3
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: February 28, 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 $ 15,152,449.53.
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 28th 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 28th day of February, 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
01/31/2023 TOTAL CHECK RUN:
02/02/2023 TOTAL CHECK RUN:
02/07/2023 TOTAL CHECK RUN:
02/09/2023 TOTAL CHECK RUN:
264,957.13
4,994,029.38
151,980.92
9,741,482.10
TOTAL LIST OF DEMANDS FOR 02/28/2023 COUNCIL MEETING: 15,152,449.53
DISBURSEMENTS BY FUND: CHECKS
001 GENERAL FUND
110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT
140 COMMUNITY DEV BLOCK GRANT
165 RDA AFFORDABLE HOUSING 20% SET ASIDE
190 TEMECULA COMMUNITY SERVICES DISTRICT
194 TCSD SERVICE LEVEL D REFUSE RECYCLING
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
197 TEMECULA LIBRARY FUND
210 CAPITAL IMPROVEMENT PROJECTS FUND
300 INSURANCE FUND
305 WORKER'S COMPENSATION
320 INFORMATION SYSTEMS
325 TECHNOLOGY REPLACEMENT FUND
330 CENTRAL SERVICES
340 FACILITIES
472 CFD 01-2 HARVESTON A&B DEBT SERVICE
473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND
475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND
478 CFD 16-01 RORIPAUGH PHASE II
503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH
528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK
700 CERBT CALIFORNIA EE RETIREE-GASB45
701 PENSION RATE STABILIZATION FUND
TOTAL BY FUND:
949,299.69
309.15
6,811.70
5,967.23
249,993.92
4,677,909.77
1,418.34
8,015.30
2,609,082.80
22,880.76
6,563.92
113,371.54
531.08
9,539.46
24254.68
400:675.13
399,235.48
956,314.23
161,437.25
374,219.39
2,161,037.43
194.67
114.37
417.17
473.07
12,382.00
2,000,000.00
$ 15,152,449.53
15,152,449.53
apChkLst Final Check List Page: 1
01/31/2023 3:44:22PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
503895
2/2/2023
007282 AMAZON CAPITAL SERVICES
MISC SMALL TOOLS & EQUIP: INFO
71.58 INC
TECH
MISC SUPPLIES: TVM: TCSD
-34.70
MISC SUPPLIES: TVM: TCSD
136.81
MISC OFC SUPPLIES: POLICE
-96.66
MISC BOOKS: RHRTPL: TCSD
18.27 MISC SUPPLIES: BLDG & SAFETY
104.70
MISC SUPPLIES: PLANNING
114.76
MISC BOOKS: RHRTPL: TCSD
374.76
MISC SUPPLIES: SPORTS: TCSD
299.63
989.15
503896
2/2/2023
004240 AMERICAN FORENSIC NURSES
DRUG/ALCOHOL ANALYSIS: TEM
248.04
AFN
SHERIFF
DRUG/ALCOHOL ANALYSIS: TEM SF
620.10
868.14
503897
2/2/2023
021959 AMERICAN HEART
CPR SUPPLIES: MEDIC: FIRE DEPT
1,955.00
1,955.00
ASSOCIATION INC
503898
2/2/2023
000936 AMERICAN RED CROSS,
STAFF/LIFEGUARDS CERTS:
328.00
HEALTH AND SAFETY SVCS
AQUATICS
STAFF/LIFEGUARDS CERTS: AQUAI
725.85
1,053.85
503899
2/2/2023
020691 ANN M HOWELL, DBAANN
GRAPHIC DSGN SVCS: CITY MGR
42.50 42.50
HOWELL DESIGN
503900
2/2/2023
012951 APPLIED DEVELOPMENT
QUALITY OF LIFE MASTER PLAN:
1,025.00
1,025.00
ECONOMICS
PLANNING
503901
2/2/2023
013950 AQUA CHILL OF SAN DIEGO
JAN DRINKING WTR SYS MAINT:
68.96 68.96
AQUATICS
503902
2/2/2023
023030 ARJONA, GLORIA
STTLMNT: BRAZILIAN & LATIN JAZZ
1,111.05
1,111.05
1/20
503903
2/2/2023
021400 AYERS ELECTRIC INC
ELECTRICAL REPAIRS: HARVESTON
400.00
400.00
LAKE
503904
2/2/2023
017149 B G P RECREATION INC
TCSD INSTRUCTOR EARNINGS
1,249.50
TCSD INSTRUCTOR EARNINGS
1,852.20
3,101.70
503905
2/2/2023
011666 B P S TACTICAL INC
TACTICAL VEST/COVERS: TEM
603.56
603.56
SHERIFF
503906
2/2/2023
022651 BRAND ASSASSINS
DOOR GRAPHICS: PD OT
440.31
STOREFRONT -
MILITARY BANNER PROGRAM: TCSI
712.25
BANNER: GROUNDBREAKING: ECOI
391.50
1,544.06
503907
2/2/2023
021588 BRAUN PETER, DBA
JAN PLANTSCAPE SVC: LIBRARY
200.00
200.00
TEMECULA PLANTSCAPE
Page:1
apChkLst Final Check List Page: 2
01/31/2023 3:44:22PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK (Continued)
Check # Date Vendor Description Amount Paid Check Total 503908 2/2/2023 022670 BROWN, JAMAL DEON, DBA TCSD INSTRUCTOR EARNINGS 245.00 245.00
JDB TRAINING
503909 2/2/2023
021502 BUCHER, BRET PHILLIP
TCSD INSTRUCTOR EARNINGS
548.63
TCSD INSTRUCTOR EARNINGS
630.00
1,178.63
503910 2/2/2023
004248 CALIF DEPT OF
AUG & OCT BLOOD & ALCOHOL
140.00
JUSTICE-ACCTING
ANALYSIS: PD
DEC BLOOD & ALCOHOL ANALYSIS:
1,295.00
DEC FINGERPRINTING SVCS: PD
3,096.00
DEC FINGERPRINTING SVCS: HR
539.00
DEC FINGERPRINTING SVCS: TCSD
294.00
5,364.00
503911 2/2/2023
004462 CDW LLC, DBA CDW
MISC SMALL TOOLS & EQUIP:IT
-943.53
GOVERNMENT LLC
MISC SMALL TOOLS & EQUIP: INFO
479.26
DIAGRAM SOFTWARE: COMMUNITY
42.83 MISC SMALL TOOLS & EQUIP: INFO
92.22 WIFI REPLACEMENT: OLD TOWN: II`
3,845.92
MISC SMALL TOOLS & EQUIP: IT
173.97
MISC SMALL TOOLS & EQUIP: IT
1,281.65
KEYBOARD & MOUSE REPLACEMEr
925.08
MISC SMALL TOOLS & EQUIP: INFO
102.44
MISC SMALL TOOLS & EQUIP: INFO
78.35 6,078.19
503912 2/2/2023
020457 CLARITAS HOLDINGS INC, DBA
SPOTLIGHT TRANSACTIONAL
500.00
500.00
CLARITAS LLC
REPORTS: ECO DEV
503913 2/2/2023
017542 COX, KRISTI LYN
TCSD INSTRUCTOR EARNINGS
336.00
TCSD INSTRUCTOR EARNINGS
140.00
TCSD INSTRUCTOR EARNINGS
280.00
TCSD INSTRUCTOR EARNINGS
112.00
TCSD INSTRUCTOR EARNINGS
336.00
1,204.00
503914 2/2/2023
010650 CRAFTSMEN PLUMBING &
PLUMBING SVCS: STA73: FIRE
276.38
HVAC INC
PLUMBING SVCS: STA 73: FIRE
287.86
PLUMBING SVCS: STA 73: FIRE
430.00
PLUMBING SVCS: CIVIC CENTER
302.32
PLUMBING SVCS: STA84: FIRE
1,121.00
2,417.56
503915 2/2/2023
011870 CRIME SCENE STERI CLEAN
BIO-HAZARD CLEAN UP: TEM SHERIFF
850.00
850.00
LLC
503916 2/2/2023
003945 DIAMOND ENVIRONMENTAL
ADA RESTROOM: MORAGA RD
325.76
SRVCS
TEMPORARY FENCING: MCCABE C-
95.00 PORTABLE RESTROOMS: RANCHO
39.87 460.63
Paget
apChkLst Final Check List Page: 3
01/31/2023 3:44:22PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK (Continued)
Check # Date Vendor Description
Amount Paid Check Total
503917 2/2/2023 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: TCSD 156.79
FUEL FOR CITY VEHICLES: STREET
1,290.39
FUEL FOR CITY VEHICLES: CIP: PW
124.70
FUEL FOR CITY VEHICLES: FIRE DE
117.96
FUEL FOR CITY VEHICLES: TRAFFIC
359.96
FUEL FOR CITY VEHICLES: POLICE
218.85
FUEL FOR CITY VEHICLES: PARK M,
1,582.44 3,851.09
503918 2/2/2023 020904 ECONOMIC ALTERNATIVES INC JAN WTR SYST MAINT: CIVIC CTR 538.67 538.67
503919
2/2/2023
009618
ENNIS FLINT INC
MISC MAINT SUPPLIES: STREETS: PW
1,190.00
1,190.00
503920
2/2/2023
004890
GOLDEN STATE FIRE
FIRE SPRINKLER MAINT: STA95: FIRE
919.00
PROTECTION
DEPT
FIRE SPRINKLER MAINT: STA73: FIF
990.00
1,909.00
503921
2/2/2023
003792
GRAINGER
SMALL TOOLS & EQUIPMENT: PARKS
229.79
229.79
503922
2/2/2023
000520
HDL COREN AND CONE
JAN-MAR PROP TAX CONSULTING:
6,557.69
6,557.69
FINANCE
503923
2/2/2023
006914
INNOVATIVE DOCUMENT
DEC COPIER MAINT/REPAIR/USAGE:
377.40
SOLUTIONS
CITYWIDE
DEC COPIER MAINT/REPAIR/USAGE
2,262.21
2,639.61
503924
2/2/2023
019085
INTERPRETERS UNLIMITED
PHONE INTERPRETER SVCS: TEM
33.75 33.75
INC
SHERIFF
503925
2/2/2023
013127
JEFFREY STOVER ONSTAGE,
STTLMNT: RAT PACK 01/15/23
7,362.81
7,362.81
MUSICALS
503926
2/2/2023
011841
JOE RHODES MAINTENANCE,
FUEL PUMP MAINT: STA 95: FIRE
4,543.49
SERVICE INC
FUEL PUMP MAINT: STA92: FIRE
532.60
FUEL PUMP MAINT: STA95: FIRE
454.41
5,530.50
503927
2/2/2023
020249
LAUND3R.COM LLC
LAUNDRY SVCS: MPSC: TCSD
214.40
LAUNDRY SVCS: MPSC: TCSD
56.25 270.65
503928
2/2/2023
000482
LEIGHTON CONSULTING INC
MATERIALS TESTING SVCS: RRSP:
109.25
P W 18-03
MATERIALS TESTING SVCS: PW21-'
6,897.50
GEOTECHNICAL SVCS: PA22-0987: F
3,831.00
GEOTECHNICAL SVCS: PA22-0830: F
5,500.00
GEOTECHNICAL REVIEW: PA22-099:
4,368.00
20,705.75
503929
2/2/2023
022664
MARIPOSATREE
TREE SVCS: FOC: PARKS
2,723.75
2,723.75
MANAGEMENT INC
Page:3
apChkLst Final Check List Page: 4
01/31/2023 3:44:22PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
503930
2/2/2023
004043
MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: CIVIC CTR
289.06
INC
ELECTRICAL SUPPLIES: PARKS: PV\
224.85
ELECTRICAL SUPPLIES: PARKS: PV\
42.02 ELECTRICAL SUPPLIES: PARKS: PV\
977.99
ELECTRICAL SUPPLIES: PARKS: PV\
130.50
ELECTRICAL SUPPLIES: CIVIC CEN-
423.31
ELECTRICAL SUPPLIES: CIVIC CTR
69.94 2,157.67
503931
2/2/2023
004040
MORAMARCO ANTHONY J,
TCSD INSTRUCTOR EARNINGS
490.00
490.00
DBA BIGFOOT GRAPHICS
503932
2/2/2023
019019
MUSIC CONNECTION LLC
SPEAKEASY @ THE MERC 1.14.23
590.80
590.80
503933
2/2/2023
002925
NAPAAUTO PARTS
AUTO PARTS & MISC SUPPLIES: FIRE
465.43
STA 12
AUTO PARTS & MISC SUPPLIES: FIF
454.55
919.98
503934
2/2/2023
020555
NEXTECH SYSTEMS INC
TRAFFIC SIGNAL SUPPLIES: STREETS:
2,844.05
2,844.05
PW
503935
2/2/2023
022599
NIEVES LANDSCAPE INC
IRRIGATION REPAIRS: VAIL RANCH
215.53
IRRIGATION REPAIRS: HARVESTON
412.41
IRRIGATION REPAIRS: VAIL RANCH
2O1.64
IRRIGATION REPAIRS: LAKE PRK
138.77
IRRIGATION REPAIRS: WOLF CREEL
305.57
IRRIGATION REPAIRS: MIRADA
114.37
IRRIGATION REPAIRS: WOLF CREEL
167.50
IRRIGATION REPAIRS: LAKE PRK
114.37
1,670.16
503936
2/2/2023
021998
OLD TOWN TIRE AND SERVICE
VEHICLE MAINT: STREETS: PW
52.11 52.11
INC
503937
2/2/2023
015931
PAST PERFECT SOFTWARE
SFTWR SUPPORT RENEWAL: TVM
1,245.00
1,245.00
INC
:TCSD
Page:4
apChkLst Final Check List Page: 5
01/31/2023 3:44:22PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
503938
2/2/2023
005075
PRUDENTIAL OVERALL
UNIFORM SVCS: PARK MAINT: PW
63.29 SUPPLY
FLOOR MATS/TOWEL RENTALS: FO,
10.28 FLOOR MATS/ TOWEL RENTALS: TC
14.32 FLOOR MATS/TOWEL RENTALS:CHI
22.73 UNIFORM SVCS: STREET MAINT: P�
6.93 FLOOR MATS/TOWEL RENTAL: JRC
10.07 FLOOR MATS/ TOWEL RENTALS: LIE
19.88 FLOOR MATS/TOWEL RENTALS: TVI
12.74 UNIFORM SVCS: STREET MAINT: Pb
16.17 UNIFORM SVCS: PARK MAINT: PW
4.62 UNIFORM SVCS: STREET MAINT: P�
16.17 UNIFORM SVCS: PARK MAINT: PW
4.62 FLOOR MATS/TOWEL RENTALS: TC(
14.32 FLOOR MATS/TOWEL RENTALS: THI
9.89 226.03
503939
2/2/2023
022537
REFRIGERATION SUPPLIES,
MISC HVAC SUPPLIES: FIRE STA92
177.43
DISTRIBUTOR
MISC HVAC SUPPLIES: STA95
40.37 MISC HVAC SUPPLIES: FIRE STA84
44.70 MISC HVAC SUPPLLIES: STA 95: FIR
220.05
MISC HVAC SUPPLIES: FIRE STA 73
34.17 516.72
503940
2/2/2023
004274
SAFE AND SECURE
LOCKSMITH SVCS: TVM
39.15 39.15
LOCKSMITH SRVC
503941
2/2/2023
009213
SHERRY BERRY MUSIC
JAZZ @ THE MERC 1/12/23
575.00
JAZZ @ THE MERC 1/19/23
434.00
1,009.00
503942
2/2/2023
013482
SILVERMAN ENTERPRISES
01/01-01/31 SECURITY: ROTATING
5,601.25
5,601.25
INC, DBA BAS SECURITY
PARKS
503943
2/2/2023
009452
EMPLOYEE #00427
REIMB:SUPPLIES FOR COMMUNITY
159.85
159.85
THEATER
503944
2/2/2023
021603
TITAN RENTALS GROUP INC,
RENTALS: SPECIAL EVENTS: STA 12:
592.40
592.40
TITAN TENT & EVENT RENTAL
FIRE
503945
2/2/2023
019100
TNT ENTERTAINMENT GROUP
DJ/MC SOUND SVCS: ART OF THE
350.00
350.00
LLC
WALLS
503946
2/2/2023
010046
TV CONVENTION &VISITORS
NOV'22 BUS. IMPRV DISTRICT
151,917.92
151,917.92
BUREAU, DBA VISIT TEMECULA ASMNTS
VALLEY
503947
2/2/2023
018147
WADDLETON, JEFFREY L.
DJ/MC SVCS: SCOOTER JAM: TCSD
525.00
525.00
Page:5
apChkLst Final Check List Page: 6
01/31/2023 3:44:22PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
503948 2/2/2023 020275 WALLACE & ASSOC
CONSULTING LLC, ANSER
ADVISORY MNGMT LLC
(Continued)
Description
Amount Paid Check Total
CONST INSP SVC: CITYWIDE SLURRY 7,590.00
SEAL
MISC PROJ INSP & OVERSIGHT: CIF 1,656.00
Grand total for EFT UNION BANK:
9,246.00
264, 957.13
Page:6
apChkLst Final Check List Page: 7
01/31/2023 3:44:22PM CITY OF TEMECULA
54 checks in this report.
Grand Total All Checks: 264,957.13
Page:7
apChkLst Final Check List Page: 1
02/02/2023 2:07:18PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date
Vendor
Description
Amount Paid
Check Total
14471 10/20/2022
002390
EASTERN MUNICIPAL WATER
SEPT WATER SVCS: 32101 SOMMERS
177.61
177.61
DIST
BEND
14672 1/10/2023
006887
UNION BANK OF CALIFORNIA
019588
VERIATO, INC.
MONITORING SFTWR RENEWAL: INFO
150.00
TECH
009097
FULL COMPASS SYSTEMS
SPEAKER POLES: INFO TECH
94.62 244.62
14678 1/10/2023
006887
UNION BANK OF CALIFORNIA
006952
PAYPAL
VERISIGN PAYFLOW PRO
25.00 TRANSACTION: FIN
023189
AMBIENT BEAN, LLC
RFRSHMENTS: TREE LIGHTING: TCSD
1,100.00
000154
C S M F O
CONF REGISTRATION: FINANCE
470.00
018569
ARTINA GROUP INC THE, DBA
MUNIS IMPLEMENT: BLANK CHECK
226.86
1,821.86
TYLER BUSINESS FORMS
STOCK
14683 1/10/2023
006887
UNION BANK OF CALIFORNIA
017736
FEAST CALIFORNIA CAFE LLC,
RFRSHMNTS: TREE DECO: TEAM
972.64
DBA CORNER BAKERY CAFE
PACE
002377
BEST BUY COMPANY INC
EMPLOYEE RECOGNITION: HR
625.86
004905
LIEBERT, CASSIDYAND
WEBINAR: HR TRAINING
475.00
WHITMORE
020792
CANVA.COM
ANNUAL SUBSCRIPTION: HR
119.40
008668
WES FLOWERS
SUNSHINE FUND
101.99
023190
DOORDASH
SUBSCRIPTION REIMB BY EMPLOYEE
96.00 002377
BEST BUY COMPANY INC
EMPLOYEE RECOGNITION: HR
173.99
006937
SOUTHWEST AIRLINES
AIRFARE: PARMACONF: RISK MGMT
150.83
006937
SOUTHWEST AIRLINES
AIRFARE: PARMACON F: RISK MGMT
150.83
023041
SQUARE GROVE LLC, DBA
EQUIP: ERGONOMIC DESKS
1,611.68
4,478.22
UPLIFT DESK
14769 12/27/2022
001212
SO CALIF GAS COMPANY
VARIOUS NOV SO CAL GAS
2,669.83
2,669.83
14770 1/26/2023 001035 C RAND R INC JUL- DEC'22 TRASH HAULING SVCS 4,676,112.54 4,676,112.54 14774 2/2/2023 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 138.92 138.92
SUPPORT
14775 2/2/2023 021301 1 C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 384.62 384.62 106474 PAYMENT
Page:1
apChkLst
02/02/2023
2:07:18PM
Final Check List
CITY OF TEMECULA
Page: 2
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
14776
2/2/2023
000194
1 C M A RETIREMENT -PLAN
ICMA-RC RETIREMENT TRUST 457
19,893.22
19,893.22
303355
PAYMENT
14779
2/2/2023
001065
NATIONWIDE RETIREMENT
NATIONWIDE RETIREMENT PAYMENT
15,371.21
15,371.21
SOLUTION
14780
2/2/2023
019088
NATIONWIDE RETIREMENT
NATIONWIDE LOAN REPAYMENT
427.79
427.79
SOLUTION
PAYMENT
14781
2/2/2023
000389
NATIONWIDE RETIREMENT
OBRA- PROJECT RETIREMENT
3,697.82
3,697.82
SOLUTION
PAYMENT
14784
2/1/2023
017432
EYEMED VISION CARE
VISION PLAN
1,933.68
1,933.68
14787
2/1/2023
000444
INSTATAX (EDD)
4TH QTR 2022 UI & ETT PAYMENT
3,095.05
3,095.05
211345
2/2/2023
003951
ALL AMERICAN ASPHALT
CONST CONTRACT SVC: YNEZ RD
VOID
VOID
PW21-10
211346
2/2/2023
023203
ANGEL TAPIA, TAPS TACO
RFRSHMNTS: INNOVATION MONTH:
710.00
710.00
CATERING INC
TVE2
211347
2/2/2023
000101
APPLE ONE INC
JAN TEMP HELP: FINANCE DEPT
12,021.48
12,021.48
211348
2/2/2023
022888
ARAMARK SERVICES INC, DBA
RFRSHMNT SVCS: FOC: PW
743.54
ARAMARK REFRESHMENT
RFRSHMNT SVCS: CITY HALL: PW
643.96
RFRSHMNT SVCS: FOC: PW
104.68
1,492.18
211349
2/2/2023
021689
ASCENT ENVIRONMENTAL INC
SEIR: TEM VLY HOSPITAL: PA22-0105
1,451.38
1,451.38
211350
2/2/2023
011954
BAKER AND TAYLOR INC
BOOK COLLECTIONS: RHRTPL: TCSD
788.24
BOOK COLLECTIONS: RHRTPL: TCS
396.97
BOOK COLLECTIONS: RHRTPL: TCS
78.67 BOOK COLLECTIONS: RHRTPL: TCS
20.12 BOOK COLLECTIONS: RHRTPL: TCS
18.74 BOOK COLLECTIONS: RHRTPL: TCS
16.84 1,319.58
211351
2/2/2023
015592
BAMM PROMOTIONAL
STAFF APPAREL: COUNCIL: TCSD
277.31
PRODUCTS INC
UNIFORM EMBOIDERY: CODE ENFF
203.36
480.67
211352
2/2/2023
018185
BLUEBEAM INC
SOFTWARE RENEWAL: BUILDING &
1,257.00
1,257.00
SAFETY
211353
2/2/2023
001323
BLUETRITON BRANDS INC,
WATER DLVRY SVCS: SKATE PARK
23.38 DBA READYREFRESH
WATER DLVRY SVCS: TES POOL
20.43 43.81
Paget
apChkLst
02/02/2023
2:07:18PM
Final Check List
CITY OF TEMECULA
Page: 3
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211354
2/2/2023
023103
BRINKERS, VALERIA G.
IKEBANA WORKSHOP: TVM: TCSD
250.00
250.00
211355
2/2/2023
023191
CBIZ OPERATIONS, INC, DBA
PROPERTY APPRAISAL SVCS: RISK
18,610.00
18,610.00
CBIZ VALUATION, LLC
MGMT
211356
2/2/2023
009640
CERTIFION CORP DBA
JAN ONLINE DATABASE SUBSCR:
200.00
200.00
ENTERSECT
POLICE
211357
2/2/2023
012627
CLEAR IMAGE ENTERPRISES
WINDOW CLEANING SVC: TVE2: PW
395.00
395.00
INC, DBA:CLEAR IMAGE
WINDOW CL
211358
2/2/2023
011922
CORELOGIC INC, DBA
DEC SOFTWARE SUBSCRIPTION:
284.50
284.50
CORELOGIC SOLUTIONS
CODE ENF
211359
2/2/2023
013379
COSSOU, CELINE
TCSD INSTRUCTOR EARNINGS
350.00
350.00
211360
2/2/2023
008533
EMPLOYEE #00381
REIMB: CALED MTG 01/17/23
173.72
173.72
211361
2/2/2023
012600
DAVID EVANS AND
DEC DSGN SVCS: DIAZ RD PROJ
2,722.02
ASSOCIATES INC
PW17-25
ENG SVCS: SANTAGERTRUDIS CRN
4,433.00
7,155.02
211362
2/2/2023
020360
DE NOVO PLANNING GROUP
CONSULTING SVCS:HOUSING
1,448.00
1,448.00
ELEMENT UPDATE
211363
2/2/2023
005901
EXHIBIT ENVOY
EXHIBIT RENTAL: TCSD 1/22/23-3/19/23
500.00
500.00
211364
2/2/2023
000165
FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: INFO TECH
16.06 16.06
211365
2/2/2023
002982
FRANCHISE TAX BOARD
SUPPORT PAYMENT
50.00 50.00
211366
2/2/2023
018858
FRONTIER CALIFORNIA INC
JAN INTERNET SVCS: CITY HALL
VOID
DEC INTERNET SVCS: CITY HALL
VOID
VOID
211367
2/2/2023
016184
FUN EXPRESS LLC
MISC SUPPLIES: SPECIAL EVENTS:
176.08
176.08
TCSD
211368
2/2/2023
019721
GOVCONNECTION INC
DBL CREDIT TAKEN: TELECONF
531.08
531.08
EQUIPMNT
211369
2/2/2023
013749
HELIXSTORM INC
ANTIVIRUS PALTO ALTO NETWORK: IT
20,400.00
FIREWALL RENEWAL: VARI SITES
5,507.80
25,907.80
211370
2/2/2023
003198
HOME DEPOT
HARDWARE SUPPLIES: CRC & TCC
330.56
HARDWARE SUPPLIES: TVM: TCSD
21.78 352.34
Page:3
apChkLst
Final Check List
Page: 4
02/02/2023
2:07:18PM
CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211371
2/2/2023
022569
INLAND FLEET SOLUTIONS INC
VEHICLE REPAIRS: STREETS: PW
141.75
VEHICLE REPAIRS: STREETS: PW
141.75
VEHICLE REPAIRS: STREETS: PW
72.50 356.00
211372
2/2/2023
021896
JP HANDMADE CORP, DBA
LETTERHEAD ENVELOPES: CODE
354.75
354.75
MINUTEMAN PRESS
ENFORCEMENT
211373
2/2/2023
023201
KIRIAKOS, ELLEN
CLAIMS RELEASE SETTLEMENT
169.00
169.00
211374
2/2/2023
003782
MAIN STREET SIGNS, DBA
SIGNS & SUPPLIES: PARKS: PW
168.74
168.74
ATHACO INC
211375
2/2/2023
003076
MET LIFE INSURANCE
DENTAL PAYMENT
13,757.37
13,757.37
COMPANY
211376
2/2/2023
016353
MEYERS NAVE, A
APPEAL SVCS: THE BANK
3,752.00
3,752.00
PROFESSIONAL CORP
211377
2/2/2023
021515
EMPLOYEE #00587
REIMB: TEAM PACE
151.61
151.61
211378
2/2/2023
018461
PACIFIC PRODUCTS &
SIGN ANCHORS: STREETS: PW
2,871.23
2,871.23
SERVICE LLC
211379
2/2/2023
020472
PARKING LOGIX INC
EMBEDDED SENSORS: OLD TOWN
3,035.00
3,035.00
PARKING
211380
2/2/2023
021026
QUESTICA LTD
BUDGET SFTWR SUBSCRIPTION:
7,312.50
7,312.50
FINANCE
211381
2/2/2023
020127
QUINN COMPANY
GENERATOR MAINT: CIVIC CENTER
1,349.18
GENERATOR MAINT: FOC
1,292.59
GENERATOR MAINT: LIBRARY
1,023.65
3,665.42
211382
2/2/2023
001364
R C P BLOCK & BRICK INC
MISC MASONRY SUPPLIES: PARKS:
141.23
141.23
PW
211383
2/2/2023
002176
RANCHO CALIF BUS PK ASSOC
BUSINESS PARK ASSOC DUES
276.48
276.48
211384
2/2/2023
011853
RANCON COMMERCE CNTR
BUS PK ASSN DUE: OVRLND PRJT
286.38
PH2,3&4
BUS PK ASSN DUE: OVRLND PRJT
228.14
BUS PK ASSN DUE: OVRLND PRJT
203.86
718.38
211385
2/2/2023
000411
RIVERSIDE CO FLOOD
FVP PHASE II: PW16-01: CIP
1,554.45
1,554.45
CONTROLAND, WATER
CONSERVATION DIST
Page:4
apChkLst
02/02/2023
2:07:18PM
Final Check List
CITY OF TEMECULA
Page: 5
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211386
2/2/2023
001365
RIVERSIDE, COUNTY OF,
PERMIT RENEWAL: FOC
1,828.00
1,828.00
ENVIRONMENTAL HEALTH
DEPT
211387
2/2/2023
013375
EMPLOYEE #00474
REIMB: RFRSHMNTS: DEPUTIES
181.34
181.34
211388
2/2/2023
017699
SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: CITY MGR:
100.00
PRESTON
TCSD
PHOTOGRAPHY SVCS: VISIT TEME(
100.00
200.00
211389
2/2/2023
022929
SCP DISTRIBUTORS LLC, DBA
MISC POOL SUPPLIES: AQUATICS: PW
565.74
565.74
LINCOLN AQUATICS
211390
2/2/2023
020922
EMPLOYEE #00529
REIMB: PTSC COMMISSION: TRAFFIC
80.04 80.04
211391
2/2/2023
000537
SO CALIF EDISON
RELOCATE TRANSFORMER: PW17-28:
37,408.42
37,408.42
CIP
211392
2/2/2023
000519
SOUTH COUNTY PEST
PEST CONTROL SVCS: HARVESTON
95.00 95.00
CONTROL INC
PK
211393
2/2/2023
007762
STANDARD INSURANCE
BASIC LIFE INSURANCE PAYMENT
11,220.73
11,220.73
COMPANY
211394
2/2/2023
012723
STANDARD INSURANCE
VOLUNTARY SUPP LIFE INSURANCE
2,537.63
2,537.63
COMPANY
PAYMENT
211395
2/2/2023
008337
STAPLES BUSINESS CREDIT
MISC OFC SUPPLIES: RHRTPL: TCSD
51.97 MISC OFC SUPPLIES: RHRTPL: TCS
50.99 MISC OFC SUPPLIES: CIP: PW
-27.18
75.78 211396
2/2/2023
003000
STATE WATER RESOURCE
STORM WATER PERMIT: 115/FVP:
774.00
774.00
CONTROL, BOARD
PW16-01
211397
2/2/2023
023205
STEVE SCHROEDER, DBAA
FLOWERS: GROUNDBREAKING
765.37
765.37
FAMILY TREE FLORIST
CEREMONY
211398
2/2/2023
022778
TELSCO INDUSTRIES INC, DBA
IRRIGATION CONTROLLER RENEWAL:
49,500.00
WEATHERMATIC
SLOPES
IRRIGATION CONTROLLER RENEW/
23,400.00
72,900.00
211399
2/2/2023
003941
TEMECULA WINNELSON
PLUMBING SUPPLIES: SENIOR
538.87
538.87
COMPANY
CENTER
211400
2/2/2023
020843
TVEYES INC
MEDIA MONITORING:3/1/23-2/28/24
1,500.00
1,500.00
211401
2/2/2023
019793
URBANE CAFE, TGH
RFRSHMNTS: WORKFORCE PRGMS:
95.65 95.65
ENTERPRISES LLC
TCSD
Page:5
apChkLst Final Check List Page: 6
02/02/2023 2:07:18PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
(Continued)
Description
Amount Paid Check Total
211402
2/2/2023
023055
VAN OTTERLOO INC
VEHICLE REPAIR: STREET MAINT: PW
3,463.60
VEHICLE REPAIR: STREET MAINT: F
2,264.79
VEHICLE REPAIR: STREET MAINT: F
917.71
6,646.1C
211403
2/2/2023
007987
WALMART
SUPPLIES: SKATE PARK: CRC
313.42
313.42
211404
2/2/2023
001342
WAXIE SANITARY SUPPLY INC
CLEANING SUPPLIES: THEATER
1,370.47
CLEANING SUPPLIES: CIVIC CTR
95.75 1,466.22
211405
2/2/2023
013556
WESTERN AV
AV EQUIP: OLD TOWN & VARIOUS
8,553.67
8,553.67
FACILITIES:
211406
2/2/2023
023093
WOLFE INTERACTIVE INC
MISC PROMOTIONAL ITEMS: ECO DEV
750.00
750.00
Grand total for UNION BANK:
5,394,819.41
Page:6
apChkLst
02/02/2023 2:07:18PM
Bank: eunion EFT UNION BANK
Check # Date Vendor
503949 2/3/2023 004192 DOWNS ENERGY FUEL
Final Check List
CITY OF TEMECULA
Description Amount Paid
FUEL FOR CITY VEHICLES: PARKS: PW 1,333.71
FUEL FOR CITY VEHICLES: TRAFFIC 292.84
Grand total for EFT UNION BANK:
Page: 7
Check Total
1,626.55
1,626.55
Page:7
apChkLst Final Check List Page: 8
02/02/2023 2:07:18PM CITY OF TEMECULA
77 checks in this report.
Grand Total All Checks: 5,396,445.96
VOID CHECK 211345 400,361.17
VOID CHECK 211366 2,055.41
REVISED GRAND TOTAL: $ 4,994,029.38
Page:8
apChkLst Final Check List Page: 1
02/07/2023 12:55:55PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
Description
503950 2/9/2023 007282 AMAZON CAPITAL SERVICES
MISC OFC SUPPLIES: CITY CLERK
INC
MISC OFC SUPPLIES: EOC
MISC OFC SUPPLIES: ECO DEV
MISC OFC SUPPLIES: CITY MGR
MISC OFC SUPPLIES: PD
MISC OFC SUPPLIES: FINANCE
503951 2/9/2023 004240
AMERICAN FORENSIC NURSES
DRUG/ALCOHOL ANALYSIS: TEM
AFN
SHERIFF
DRUG/ALCOHOL ANALYSIS: TEM SF
503952 2/9/2023 017149
B G P RECREATION INC
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
503953 2/9/2023 022670
BROWN, JAMAL DEON, DBA
TCSD INSTRUCTOR EARNINGS
JDB TRAINING
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
503954 2/9/2023 021502
BUCHER, BRET PHILLIP
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
503955 2/9/2023 001054
CALIF BUILDING OFFICIALS,
MEMBERSHIP RENEWAL: BLDG &
(CALBO)
SAFETY
REGISTRATION: WEBINAR: BLDG &
503956 2/9/2023 022790
CLEARSTAR INC
PRE -EMPLOYMENT SCREENINGS: HR
503957 2/9/2023 017542
COX, KRISTI LYN
TCSD INSTRUCTOR EARNINGS
503958 2/9/2023 004192 DOWNS ENERGY FUEL
503959 2/9/2023 021412 EIDE BAILLY LLP
FUEL FOR CITY VEHICLES: PARKS: PW
FUEL FOR CITY VEHICLES: STREET
FUEL FOR CITY VEHICLES: TRAFFIC
FUEL FOR CITY VEHICLES: BLDG &
FUEL FOR CITY VEHICLES: BLDG IN
FUEL FOR CITY VEHICLES: CIP: PW
FUEL FOR CITY VEHICLES: CODE E
FUEL FOR CITY VEHICLES: TCSD
FUEL FOR CITY VEHICLES: FIRE DE
FUEL FOR CITY VEHICLES: POLICE
FUEL FOR CITY VEHICLES: LAND DI
FUEL FOR CITY VEHICLES: EOC
JAN FINANCIAL STMT AUDIT:
FIELDWORK
Amount Paid
559.90
148.56
115.64
111.52
40.89 29.86
1,420.55
62.01 2,822.40
1,646.40
453.25
245.00
236.25
113.75
672.00
336.00
184.80
295.00
140.00
56.89 360.00
2,021.88
1,695.38
416.88
253.91
225.17
174.31
141.69
137.76
137.43
117.63
114.95
73.92 12, 700.00
Check Total
1,006.37
1,482.56
4,468.80
1,048.25
1,192.80
435.00
56.89 360.00
5,510.91
12,700.00
Page:1
apChkLst Final Check List Page: 2
02/07/2023 12:55:55PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
503960
2/9/2023
002577
ENGINEERING RESOURCES,
FEASBILITY STUDY: BIKE LANE/TRAIL
6,057.50
6,057.50
OF SOUTHERN CALIF., INC.
PRGM
503961
2/9/2023
010804
FEHR AND PEERS
DISCOVERY & CONDITIONS ANALYSIS:
1,945.13
1,945.13
PLANNIN
503962
2/9/2023
022726
FORENSIC NURSES OF SOCAL
SART EXAMS: TEM SHERIFF
1,200.00
INC
SART EXAMS: TEM SHERIFF
800.00
2,000.00
503963
2/9/2023
014865
FREIZE UHLER KIMBERLY DBA,
PROMOTIONAL ITEMS: CITY CLERK
147.96
147.96
CLEAR BLUE PROMOTIONS
503964
2/9/2023
001135
HEALTHPOINTE MEDICAL
MEDICAL SCREENINGS: HR
138.00
GROUP INC, DBA: FIRST CARE
INDUSTRIA
MEDICAL SCREENINGS: HR
50.00 188.00
503965
2/9/2023
012883
JACOB'S HOUSE INC
EMPLOYEE CHARITY DONATIONS
40.00 40.00
PAYMENT
503966
2/9/2023
000482
LEIGHTON CONSULTING INC
MATL'S TESTING SVCS: CRC RENO:
8,173.05
8,173.05
PW19-17
503967
2/9/2023
004905
LIEBERT, CASSIDYAND
DEC HR LEGAL SVCS FOR
3,669.00
W HITMORE
TE060-00019
DEC HR LEGAL SVCS FOR TE060-OC
1,068.00
4,737.00
503968
2/9/2023
010204
M T G L INC
MATERIALS TESTING: PW21-06
1,643.25
1,643.25
503969
2/9/2023
021370
MARK THOMAS AND COMPANY
DEC DSGN CONSULTANT SVCS:
2,927.75
2,927.75
INC
CHERRY ST EXT
503970
2/9/2023
018675
MDGASSOCIATES INC
DEC CDBG PRGMADMIN: PLANNING
5,775.76
DEC CDBG-CV EMER MORTG ASSIS
128.13
DEC LABOR COMPLIANCE SVCS: P\
69.38 5,973.27
503971
2/9/2023
018314
MICHAEL BAKER
DSGN SVCS: TEMECULA PKWY PW
2,304.50
2,304.50
INTERNATIONAL
18-11
503972
2/9/2023
012264
MIRANDA, JULIO C
TCSD INSTRUCTOR EARNINGS
798.00
TCSD INSTRUCTOR EARNINGS
420.00
TCSD INSTRUCTOR EARNINGS
352.80
TCSD INSTRUCTOR EARNINGS
151.20
1,722.00
503973
2/9/2023
004043
MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: CIVIC CTR
150.90
INC
ELECTRICAL SUPPLIES: CHILDREN!
103.83
ELECTRICAL SUPPLIES: CIVIC CTR
51.51 ELECTRICAL SUPPLIES: CIVIC CTR
49.32 ELECTRICAL SUPPLIES: OLD TOWN
38.48 394.04
Paget
apChkLst
02/07/2023
12:55:55PM
Final Check List
CITY OF TEMECULA
Page: 3
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
503974
2/9/2023
004040
MORAMARCO ANTHONY J,
TCSD INSTRUCTOR EARNINGS
448.00
448.00
DBA BIGFOOT GRAPHICS
503975
2/9/2023
014173
NPG INC DBA, GOLDSTAR
ASPHALT REPAIRS: PED/BICYCLE
20,500.00
20,500.00
ASPHALT PRODUCTS
TRAIL EXT
503976
2/9/2023
009337
NV5 INC
DEC PROJ MGMT SVCS:MRC, PW17-21
43,895.27
43,895.27
503977
2/9/2023
021998
OLD TOWN TIRE AND SERVICE VEHICLE MAINT: STREET MAINT: PW 257.59
INC
VEHICLE REPAIRS: CIP: PW
194.01
451.60
503978
2/9/2023
022537
REFRIGERATION SUPPLIES,
MISC HVAC SUPPLIES: CIVIC CTR
729.50
729.50
DISTRIBUTOR
503979
2/9/2023
014783
SOFTRESOURCES, LLC
CONSULTING SVCS: MUNIS: FINANCE
1,387.50
1,387.50
503980
2/9/2023
006145
STENO SOLUTIONS
TRANSCRIPTION SVCS: TEM SHERIFF
48.24 48.24
TRANSCRIPTION, SRVCS INC
503981
2/9/2023
021603
TITAN RENTALS GROUP INC,
RENTALS: SPECIAL EVENTS: ECON
2,963.78
2,963.78
TITAN TENT & EVENT RENTAL
DEV
503982
2/9/2023
020275
WALLACE & ASSOC
ADD'L INSPEC SVCS: PW LAND
9,246.00
CONSULTING LLC, ANSER
DEV/NPDES
ADVISORY MNGMT LLC
CONSTRUCTION INSP SVCS: PW21•
5,796.00
15,042.00
Grand total for EFT UNION BANK:
151,980.92
Page:3
apChkLst Final Check List Page: 4
02/07/2023 12:55:55PM CITY OF TEMECULA
33 checks in this report.
Grand Total All Checks: 151,980.92
Page:4
apChkLst
02/09/2023
3:14:36PM
Final Check List
CITY OF TEMECULA
Page: 1
Bank: union UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
14611
1/17/2023
000246
PERS (EMPLOYEES'
PERS RETIREMENT PAYMENT
139,349.18
139,349.18
RETIREMENT)
14642
1/5/2023
000246
PERS (EMPLOYEES'
PERS RETIREMENT PAYMENT
138,726.07
138,726.07
RETIREMENT)
14675
1/10/2023
006887
UNION BANK OF CALIFORNIA
001060
HYATT
LODGING: NEW LAW AND ELECTION
423.84
SEMINAR
000254
PRESS ENTERPRISE
ONLINE SUBSCRIPTION: CITY CLERK
14.00 COMPANY INC
017443
OPERATING CO.LLC
RFRSHMNTS: CITY CNCL MTG 11/29
317.26
755.10
MED.CUISINE, DBA: DAPHNE'S
CALIFORNIA
14679
1/10/2023
006887
UNION BANK OF CALIFORNIA
013338
APPLE STORE
ADD'L PHONE STORAGE: SOCIAL
2.99 MEDIA
023138
PARTY CITY
SUPPLIES: CITY EVENT: CITY MGR
107.77
023138
PARTY CITY
SUPPLIES: CITY EVENT: CITY MGR
12.07 023163
NICHOLAS G PHOTOGRAPHY
PHOTOGRAPHY SVCS: CAMPAIGN
500.00
PHOTO
014885
TEMECULA CATERING
RFRSHMNTS:BROKER'S BREAKFAST
1,389.83
2,012.66
14712
1/19/2023
000246
PERS (EMPLOYEES'
PERS RETIREMENT PAYMENT
143,984.24
143,984.24
RETIREMENT)
14777
2/2/2023
000444
INSTATAX (EDD)
STATE TAX PAYMENT
40,084.51
40,084.51
14778
2/2/2023
000283
INSTATAX (IRS)
FEDERAL TAX PAYMENT
119,995.35
119,995.35
14782
2/2/2023
000245
PERS - HEALTH INSUR
PERS HEALTH PAYMENT
0.00 PREMIUM
PERS HEALTH PAYMENT
178,136.86
178,136.86
14799
2/6/2023
018858
FRONTIER CALIFORNIA INC
JAN INTERNET SVCS: CITY HALL
1,035.41
DEC INTERNET SVCS: CITY HALL
1,020.00
2,055.41
14802
1/30/2023
005460
U S BANK
FY 21/22 PARS CONTRIBUTION
2,000,000.00
2,000,000.00
14805
2/8/2023
005460
U S BANK
CFD: DEBT SERVICE
4,452,918.91
4,452,918.91
211407
2/2/2023
003951
ALL AMERICAN ASPHALT
CONST CONTRACT SVCS: PVMNT
2,030,653.44
2,030,653.44
REHAB PRGM
Page:1
apChkLst Final Check List Page: 2
02/09/2023 3:14:36PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211408
2/9/2023
019307 ADVANCED AUTOMOTIVE
VEHICLE MAINT: SMOG CHECK:
50.00 50.00
SMOG
PLANNING
211409
2/9/2023
001517 AETNA BEHAVIORAL HEALTH
JAN EMPLOYEE ASSISTANCE PRGM:
1,333.20
1,333.20
LLC, DBAAETNA RESOURCES
HR
211410
2/9/2023
003951 ALL AMERICAN ASPHALT
CONST CONTRACT SVC: YNEZ RD
400,361.17
400,361.17
PW21-10
211411
2/9/2023
000101 APPLE ONE INC
JAN TEMP HELP: COMM DEV
2,719.08
2,719.08
211412
2/9/2023
001323
BLUETRITON BRANDS INC,
WATER DLVRY SVCS: PBSP
139.03
139.03
DBA READYREFRESH
211413
2/9/2023
000154
C S M F O
MEMBERSHIP RENEWAL: FINANCE
125.00
MEMBERSHIP RENEWAL: FINANCE
125.00
MEMBERSHIP RENEWAL: FINANCE
125.00
MEMBERSHIP RENEWAL: FINANCE
125.00
MEMBERSHIP RENEWAL: FINANCE
50.00 550.00
211414
2/9/2023
003138
CAL MAT, DBA VULCAN
ASPHALT SUPPLIES: STREET MAINT:
589.97
589.97
MATERIALS CO
PW
211415
2/9/2023
021054
CANTRELL, TINAJ
TCSD INSTRUCTOR EARNINGS
245.00
TCSD INSTRUCTOR EARNINGS
210.00
455.00
211416
2/9/2023
019878
CERTIFIED ACCESS
WEBINAR REGISTRATION: BLDG &
100.00
SPECIALIST, INSTITUTE
SAFTEY
WEBINAR REGISTRATION: BLDG & :
35.00 135.00
211417
2/9/2023
014887
EMPLOYEE #00633
REIMB: RFRSHMNTS: TVE2
95.59 95.59
ROUNDTABLE MTG
211418
2/9/2023
005417
CINTAS PROTECTION NO 2,
ANNUAL FIRE EXTINGUISHER
220.00
220.00
CINTAS FIRE 636525
INSPECTION:
211419
2/9/2023
005417
CINTAS PROTECTION NO 2,
FIRST AID KIT MAINT: RISK MGMT
176.69
CINTAS FIRE 636525
FIRST AID KIT MAINT: RISK MGMT
155.09
FIRST AID KIT MAINT: RISK MGMT
111.62
FIRST AID KIT MAINT: RISK MGMT
35.24 FIRST AID KIT MAINT: RISK MGMT
35.24 FIRST AID KIT MAINT: RISK MGMT
35.24 549.12
211420
2/9/2023
023175
COMPLETE OFFICE OF
MISC OFC SUPPLIES: CODE
302.00
302.00
CALIFORNIA, INC
ENFORCEMENT
211421
2/9/2023
002945
CONSOLIDATED ELECTRICAL
ELECTRICAL SUPPLIES: PARKS: PW
36.47 36.47
DIST
Paget
apChkLst
Final Check List
Page: 3
02/09/2023
3:14:36PM
CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211422
2/9/2023
014521
COSTAR REALTY
FEB'23 WEB SUBSCRIPTION: ECO
1,296.00
1,296.00
INFORMATION INC
DEV
211423
2/9/2023
016098
CULTIVATING GOOD INC, DBA
RFRSHMNTS: WORKFORCE PRGRM:
88.97 88.97
E AT MARKETPLACE
TCSD
211424
2/9/2023
001233
DANS FEED AND SEED INC
MISC SUPPLIES: STREET MAINT: PW
33.16 MISC SUPPLIES: STREET MAINT: P�
22.45 MISC SUPPLIES: PW STREET MAIN-
-32.14
23.47 211425
2/9/2023
005766
DATA BUSINESS SYSTEMS INC
2022 TAX FORMS: FINANCE DEPT
190.06
190.06
211426
2/9/2023
012600
DAVID EVANS AND
DEC DOG PARK RENOVATION: CIP: PW
4,760.00
4,760.00
ASSOCIATES INC
211427
2/9/2023
016780
FIELDTURF USA, INC.
TURF: PBSP: PARKS
3,750.00
TURF: PBSP: PARKS
3,750.00
TURF: PBSP: PARKS
3,750.00
TURF: PBSP: PARKS
3,750.00
15,000.00
211428
2/9/2023
000186
HANKS HARDWARE INC
MISC MAINT SUPPLIES: AQUATICS
3,556.13
MISC MAINT SUPPLIES: AQUATICS
1,663.45
MISC MAINT SUPPLIES: CODE ENF(
-70.68
5,148.90
211429
2/9/2023
003198
HOME DEPOT
HARDWARE SUPPLIES: FOC
411.14
411.14
211430
2/9/2023
021840
IMPULSE APPAREL
APPAREL: STUDENT LED PRGM:
1,120.13
1,120.13
THEATER
211431
2/9/2023
023150
INTERFLEX PAYMENT LLC
FSA REIMBURSEMENT PAYMENT
26,159.10
26,159.10
211432
2/9/2023
002634
LITELINES INC
LIGHT FIXTURES: OLD TOWN:
10,940.25
10,940.25
STREETS
211433
2/9/2023
011956
EMPLOYEE #00438
REIMB: TEAM PACE
424.08
424.08
211434
2/9/2023
003964
OFFICE DEPOT BUSINESS SVS
MISC OFC SUPPLIES: FINANCE
114.79
DIV
MISC OFC SUPPLIES: FINANCE
35.38 MISC OFC SUPPLIES: FINANCE
30.98 181.15
211435
2/9/2023
014273
PARAGON PARTNERS,
PRELIMINARY TITLE REPORTS:
300.00
300.00
CONSULTANTS INC
PW17-25: CIP
211436
2/9/2023
023213
EMPLOYEE #00646
REIMB: CSMFO CONF 1/31-2/3
162.90
162.90
Page:3
apChkLst
02/09/2023
3:14:36PM
Final Check List
CITY OF TEMECULA
Page: 4
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211437
2/9/2023
019859
PGI - PACIFIC GRAPHICS INC.
PRINTING SVCS: THEATER: TCSD
2,486.00
2,486.00
211438
2/9/2023
008447
PRO AUTO COLLISION INC
AUTO BODY REPAIR: PARKS: PW
3,087.49
3,087.49
211439
2/9/2023
000907
RANCHO TEMECULA CAR
JAN CAR WASH SVCS: POLICE
26.00 26.00
WASH
211440
2/9/2023
017699
SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: COUNCIL MTG
225.00
225.00
PRESTON
211441
2/9/2023
022929
SCP DISTRIBUTORS LLC, DBA
MISC POOL SUPPLIES: AQUATICS: PW
533.91
533.91
LINCOLN AQUATICS
211442
2/9/2023
013376
SECURITY SIGNAL DEVICES
FIRE PANEL SVC: THEATER
507.00
507.00
INC, SSD SYSTEMS
211443
2/9/2023
013695
SHRED -IT US JV LLC, DBA:
DOCUMENT SHRED SVCS: CITY
69.87 69.87
SHRED -IT USA LLC
CLERK
211444
2/9/2023
000519
SOUTH COUNTY PEST
PEST CONTROL SVCS: TES POOL
59.00 CONTROL INC
PEST CONTROL SVCS: MARG SPLA
49.00 108.00
211445
2/9/2023
012652
SOUTHERN CALIFORNIA,
FEB GEN USAGE: 0141,0839,0978,0979
1,269.25
TELEPHONE COMPANY
JAN GEN USAGE: 0141,0839,0978,09
1,127.14
2,396.39
211446
2/9/2023
015648
STEIN ANDREW, DBA PARKINK
PROMOTIONAL ITEMS: THEATER
1,080.35
1,080.35
211447
2/9/2023
001547
TEAMSTERS LOCAL 911
UNION MEMBERSHIP DUES PAYMENT
4,712.96
4,712.96
211448
2/9/2023
014885
TEMECULA CATERING
RFRSHMNTS: TCC RECOGNITION
3,640.95
3,640.95
EVENT
211449
2/9/2023
000306
TEMECULA VALLEY PIPE &
IRRIGATION SUPPLIES: RANCHO
194.67
194.67
SUPPLY
HIGHLANDS
Grand total for UNION BANK: 9,741,482.10
Page:4
apChkLst Final Check List Page: 5
02/09/2023 3:14:36PM CITY OF TEMECULA
54 checks in this report.
Grand Total All Checks: 9,741,482.10
Page:5
Item No. 4
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: John Crater, Division Chief
DATE: February 28, 2023
SUBJECT: Approve First Amendment to the Agreement with Proactive Fire Design & Consulting, Inc., for Fire Department Plan Review Service for Fiscal Year 2022-23 PREPARED BY: Wendy Miller, Management Analyst
RECOMMENDATION: That the City Council approve the first amendment to the annual agreement with Proactive Fire Design & Consulting, Inc., for Fire Department Plan Review Service for Fiscal Year 2022-23, in the amount of $25,000, for a total agreement amount of $505,000.
BACKGROUND: On July 12, 2022, the City and Consultant entered into that certain Agreement entitled "Agreement for Fire Department Plan Review Service," in the amount of $120,000.00 annually with the ability, upon mutual agreement to extend the contract for three (3) additional one (1) year terms for a total five-year agreement amount of $480,000.
The parties now desire to increase the payment in the amount of $25,000 for a total contract amount of $505,000.
FISCAL IMPACT: Adequate funds were made available with the approval of the mid- year Fire Department budget approved by the Council on February 14, 2023.
ATTACHMENTS: Amendment
FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND PROACTIVE FIRE DESIGN & CONSULTING, INC.
FIRE DEPARTMENT PLAN REVIEW SERVICE
THIS FIRST AMENDMENT is made and entered into as of February 28, 2023 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Proactive Fire Design & Consulting, Inc., a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
This Amendment is made with the respect to the following facts and purposes:
a. On July 12, 2022, the City and Consultant entered into that certain Agreement entitled "Agreement for Fire Department Plan Review Service," in the amount of One Hundred Twenty Thousand Dollars and No Cents ($120,000) annually with the ability, upon mutual agreement to extend the contract for three (3) additional one (1) year terms for a total four-year agreement amount of $480,000.
b. The parties now desire to increase the payment in the amount of $25,000.00 for a total contract amount of $505,000.00.
2. Subsection 4.a. entitled "PAYMENT" is hereby amended to read as follows:
The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as 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. This amount shall not exceed Five Hundred Five Thousand Dollars and No Cents ($505,000.00) for the total term of this agreement, including any additional terms or extensions, unless additional payment is approved as provided in this Agreement.
3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021
IN WITNESS WHEREOF, the 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:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
PROACTIVE FIRE DESIGN &
CONSULTING, INC.
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign
the agreement on behalf of the corporation.)
By: )/
Donald Walton, President
By:
A4C,' &'�
J Marie Walton, Secretary
CONSULTANT
ProActive Fire Design & Consulting, Inc.
Donald Walton
41965 3rd Street, Suite A
Temecula, CA 92590
951-296-FIRE
Proactive.fd mail.com
City Purchasing Mgr.
Initials and Date:
7v
2 08/09/2021
Item No. 5
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: February 28, 2023
SUBJECT: Approve Consultant Agreement with Community Works Design Group for the Ronald Reagan Sports Park Skate Park, PW22-07
PREPARED BY: Nino Abad, Senior Civil Engineer
Laura Bragg, Associate Engineer II
RECOMMENDATION: That the City Council:
1. Approve a Consultant Agreement with Community Works Design Group in the amount of $213,823, for the Ronald Reagan Sports Park Skate Park, PW22-07; and
2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $21,382.30, which is equal to 10% of the agreement amount.
BACKGROUND: The Ronald Reagan Sports Park Skate Park project includes the removal and replacement of the existing skate park and the installation of state-of-the-art street skate plaza elements. The agreement with Community Works Design Group is for the design phase of this project.
On August 15, 2022, the Department of Public Works publicly posted on the City's online bidding service, PlanetBids, Request for Proposal No. 269 to solicit design consultant proposals for the Ronald Reagan Sports Park Skate Park, PW22-07. The design consultant solicitation was publicly advertised between August 15, 2022, and September 8, 2022. On September 8, 2022, five submitted proposals were received. After panel review and interviews on November 17, 2022, the proponents were ranked as follows:
1. Community Works Design Group
2. New Line Skateparks FL Inc.
3. California Skateparks
4. Grindline Skateparks, Inc.
5. American Ramp Company
Subsequent to proponent interviews, staff entered into thorough negotiations with Community Works Design Group and believes the agreement amount to be fair and equitable.
FISCAL IMPACT: The Ronald Reagan Sports Park Skate Park design cost is included in the Fiscal Year 2023-27 Capital Improvement Program Budget utilizing Measure S funds.
Adequate funds are available for the contract amount of $213,823.00, plus a 10 % contingency amount of $21,382.30 for a total encumbrance of $235,205.30.
ATTACHMENTS: 1. Agreement
2. Project Description
3. Project Location Map
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND COMMUNITY WORKS DESIGN GROUP, LLC
RONALD REAGAN SPORTS PARK SKATE PARK
PROJECT NO. PW22-07
THIS AGREEMENT is made and effective as of February 28, 2023, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and Community Works Design Group, LLC, a Corporation, (hereinafter referred to as "Consultant" ). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
TERM
This Agreement shall commence on February 28, 2023, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as 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. This amount shall not exceed Two Hundred Thirteen Thousand Eight Hundred Twenty -Three dollars and Zero Cents ($213,823.00) for the total term of this agreement .
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .
Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
C. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt 08/09/2021
of each invoice as to all non -disputed fees. If the City disputes any of Consultant fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.
6. DEFAULT OF CONSULTANT
a. The Consultant failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities 08/09/2021
related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant.
8. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND
a. Indemnity for Design Professional Services. In the connection with its design professional services, Consultant shall hold harmless and indemnify City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials (collectively, "Indemnitees"), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub -contractors, or agents in the performance of its professional services under this Agreement. b. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Paragraph 8.a. above, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant duty to defend pursuant to this Section 8.b.shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees."
9. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
08/09/2021
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
i. Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
ii. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. iii. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. iv. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
1. Automobile Liability: Two Million ($2,000,000) per accident for bodily injury and property damage.
2. Worker's Compensation as required by the State of
California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
3. Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate.
C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty -Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
2) For any claims related to this project, the Consultant insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 08/09/2021
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and 08/09/2021
employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
12. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
13. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Community Works Design Group, LLC
Mr. Scott Rice
4649 Brockton Avenue
Riverside, California 92506
08/09/2021
14. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.
15. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
16. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following 08/09/2021
non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 08/09/2021
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By
Zak Schwank, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
COMMUNITY WORKS DESIGN GROUP, LLC
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:
Scott R e, resident
By:
Consultant
Community Works Design Group, LLC
Attn: Scott Rice
4649 Brockton Avenue
Riverside, CA 92506
951 369-0700
Scott cwd .fun
City Purchasing Mgr.
Initials and Date:
08/09/2021
EXHIBIT A
TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:
10 08/09/2021
REVISED DESIGN PRO E SCOPE OF WORK
TASK 1 - ADMINISTRATION / UTILITY OORDI ATION/ PREHMI AR Upon Notice to Proceed, our team will immediately work with our subronsultants to initiate a site assessment and survey of existing conditions. We will prepare a preliminary project for City review, ahead of the kick-off meeting.
I Our team, including the key representatives of our subcansultants, will meet with the City, with proper social distancing guidelines in place (or online if necessary, depending on the applicable CCXVID protocol in place at the time of award). The purpose of this kick-off meeting will beta allow the City and our team to establish the next steps for expediting the project design and developing a strategy for community outreach and to review and confirm the project schedule- 2- Our team members will became intimately familiar with all aspects of the e)dsbng site, utilizing in - person inventorying by our in-house ISA Certified Arboristand Certified Landscape Irrigation Auditor Topographic survey, utility field surveys wi I I be performed by Adkan and Design West Engineering, under supervision ofCDG representatives_ Geotek will contact Undergrou nd Service Alert, and also obtain local authorizati on prior to eweavating 6 hol low -stem auger bori ngs to depths up to 20 feet or refusal.
3_ Geotek will also perForm percolation testing for use in stormwater retention/ infiltration design - Du ri ng the field investigation, samples of the on -site soil will be obtained for laboratory testing_ Subsequent to completion of the field work and laboratory testing, a geotechnical report will be prepared_ The report will include, butnotnecessarily belimited to= overall feasibility of the antici pated improvements from a geotechnical standpoint, exploration logs; an exploration location map, geologic settirC seismicity, depths to groundwater if encountered; laboratory test results including corrosivity testing; foundation design (if needed), which includes foundation types, allowable soil bearing pressures, anticipated bearing depths and estimated settlement; lateral earth pressure recommendations; floor -slab design; retaining wall design recommendations (if needed); trench back ill recommendations; and geotechnical recommendations for construction- 4- We will put together an initial base plan for Spohn Randy to begin crafting their conceptual plans based off of Adkan Engineers topographic survey _ The: base plan will serve as a moldable tool for reshaping to best fit the City's needs and operational abilities_ We will concurrently update our initial cost estimate based on our understanding of the Crty's expectations for the skate park i mprovements_ REQUEST FOR PROPOSALS (RFP) NO.269 RONALD REAGAiN SPORTS PARTS - SKATE PARK CITY OF TEMECU LA - PROJECT NO. PYY22-07 1
SEPTEMB ER S, 2022 -UPDATED JAN UARY 27, 2023 PER GITY REQUEST 11 08/09/2021
Upon completion of Task i our team will immediately work with Spahn Ranch to develop an online survey and begin the task of formulating community outreach campaigns to enlist ideas, feedback, needs, wants and interests to support and influence recommendations for this p roject- 1- Ourtseam, schedule a communityengagementmeetingtodeveiopastrategyforcammunityoutreach and review draft materials, establish survey dates and advertisernent opportunities- 2- We will work with Spohn Stanch to develop an online Sur eyMonkey survey far stakeholders and constituents, to garner meaningful feedback for the needs, wants a nd interests of the community for their skate park.
3_ We will work closely with the City to deverap flyers and other outreach materials and collateral to ensure the most effective approad r for optimizing feedback from the community- 4- Once initial survey feedback has been collected, we will begin preparing an initial color concept plan and 3-d renderings for conveying the working design to stakehorders and constituents, with the CiWs social media, we vviil publicize a SurveyMonkey online voting link for the skate community to select which concept works best for the residents. This online vote will be supplemented with an in - person meeting with representatives of the City; CWOG, and Spchn Ranch.
S- We wilt actively participate in as many community and Council meetings deemed necessary for the forward progress of this project;, our base fee includes 2 meetings, with additional meetings d irected at the request of the City. All preparatory meetings and correspondence with City Staff in advance of the community meeting are also induded-
Skate rank O+ Imch ffmabW for Nfagon Skate RA in Perris, Wd air Re an June 7G, 2922 by COG and Sp� Imh Tors pmj d x sdrnifar to RafWd Reagan, as Me exift sk2fe park xrd' be grooved to make way fora maderrozed verwn REQUEST FOR PROPOSALS (RM NO.26a WMALD REAG► N SPORTS PARK - SKATE PARK CITY OF TEMECULA- PROJECT NO. PW22-07 H
SEPTB16 ER d, 2M -UPDATED JANUAiRY 27, 2023 PER CITY REQUEST 0 12 08/09/2021
6. Spohn Ranch will finalize the feedback into a final conceptual design and 3-d renderings based on the Community and City input into an updated color plan to memorialize the completion of this concept refinement task_ Multiple fl}-through rendering video dips (1 min_ max each) will be provided for publicizing the project-
7- Our team vAll work with the City to publicize and present the final skatepark concept design which wil l serve as the 30% su bmitta 1.
REQUEST FOR PROPOSALS (RFP) NO.269 RONALD REAGAN SPORTS PART{ - SKATE PARK CITY OF TEMECULA -PROJECT NO. PW22-07
SEPTEMBER 8, 2D22 -UPDATED JAN UARY 27. 2023 PER CITY REQUEST 13 08/09/2021
TASK 3 - CONSTRUCTION/ ENGINEERING PLANS/ SPECS/ ESTIMATES With OW and Community boon to the updated conceptual plan, we will move forward with the preparation of plans, specifications, and esti mates (PS&E) necessary to obtain fu II Cnty and applicable Agency approval s prior to construction. All scope items within the City's Request for Proposals (RFP) are included, even if not specifically hated below_ Since the preliminary design will be 3-d modeled the base plan will be provided as 300A submittal at the end of Task 2, to expedite the process, we will prepare submittals at the 6096 and 9C% level_ The PS&E package will include all items deemed necessary for full CKy approval, but are not necessarily limited to, the items listed below-
1- DEMOLITION/ PRC►TECTION PLANS: We will prepare demolition plans to clearly indicate action for all items to be demolished as well as those intended to be protected in place, potentially induding the existing mini ramp that is currently the most used feature within the existing skate park_ For park renovation projects, the intricacy and clarity of which items need to be protected in place is an essentia I portion of the oanstrurbon documents, and can eliminate the ambigu ity that often triggers contractor clhange orders during construction-
2- CIVIL ENGINEERING PLANS: Our subconsultant civil engineer vAll prepare a working draft of the grading plan for construction of finished grading and drainage improvements, horizontal and vertical control, water and sewer plans, water quality management plan �WQMP) and dust control plans.
Preliminary Out and Fill earthwork calculations will be prepared and updated_ The plans will beat a scale of 1"=20' and indicate detail finish wading, Particular emphasis will be placed on ADA access into and within the park, inducting potential parking lot reconfigu ration for ADA compliance_ Various options will be explored and refined into the construction document details- 3- CDNSTRUCTI ON DRAWINGS: Construction Drawings will indude site plans and details with sufficient detail to accommodate construction, including a II skate features, connecting walks, shade coverings, etc_ Plans will identify recommended suppliers and produces, with emphasis given to local sources, sustainable concepts, recycled/ recydable materials, and durability of products. 4- 1 RRIGATIDN P LANS: If the design footpri nt extends past the existing edge of concrete, we wi I I prepare irrigation retrofit plans to comply with local water requirements and specific City requirements indicated in the RFP All elements of the system will be designed to carry opti ma I amounts of water to irrigate the affected sites_ Full detailing of all equipment will be induded_ Vandal resistance, durability, serviceability, reliability, water conservation, efficiency and, most importantly, consistency with sty standards will be our primary concerns.
S- PLANTING PLANS: Complete PI anti ng Plans with all necessary details wi I I be provided_ Durable, easily maintainable species will be of primary importance in the plant selection process- 6- ELECTRICAL- Partial Site Electrical Plans including Lighting with all necessary details will be provided by Design West Engineering for the modification and supplementation of the existing skate park I ights_ We will incorporate the latest technologies i nclud i ng law voltage LED systems to produce the most efficient and long terra solutions for the CKy_
7_ ADA MODERNIZATION PLAN: Our CASp will work with Adkan Engineers to develop an ADA Compliant Modernization Plan for the improvement areas as well as review the parking lot for ADA compliance_ REQUEST FOR PROPOSALS (RFP) NO.269 RONIALD REAGA N SPORTS PART{ - SKATE PARK CITY OFTEMECULA- PROJECT NO. PW22-07 LV
SEPTEMBER d, 2D22 - UPDATED JAN LIARY 27, 2023 PER CITY REQUEST 0 14 08/09/2021
TASK 3-CONSTRUCTION/ENMUXRING DOCUi''IENI' PHASE- continued 8_ FINAL HYD ROLOGY & HYDRAULICS/DETENTION BASIN FLOUTING= Adkan Engineers will prepare a final hydrology report for the site.
9_ FINAL WATER QUALITY MANAGEMENT PLAN (WQMP). Adkan Engineers will prepare a final Water Quality Management Plan that addresses the mitigation of incremental peak flow of storm water run-off as well as site -control BMPs and operation and maintenance requirements. Completion of environmental questionnaire for categorical exemption_
10_ EROSION CXONTROL/SWPPP= Adkan Engineers will prepare a Sturm Water Pollution Prevention Plan for the project as the improvement areas exceed 1 acre. 11_ SPECIFICATIONS: Specifications detailing materials and workmanship for all of the above items will be provided as required, including Greenbook as the primary specification source, and CSI-formatted specification secti ons where specialtyskatepark specificconstruckion scope is not adequately defined in Greenbook spedficaboru.
12- COST ESTIMATES: Final estimates of probable construction and maintenance costs will be prepared with CDG providing regular value engineering recommendations_ 13_ DOCUMENT PROCESSING: We will submit the documents for City and various Utility approvals. We will review documents and make all necessary corrections_ 14- MEETINGS: We will attend all meetings with City staff and project stakeholders and lead all presentations as required during this phase of the project REQUEST FOR PROPOSALS (RFP) NO.269 RONALD REAGAN SPORTS PART{ - SKATE PARK CITY OFTEMECULA- PROJECT NO. PW22-07 v
SEPTEMBER S, 2D22 - UPDATED JANUARY 27, 2023 PER CITY REQUEST 0 15 08/09/2021
TASK 4 - BIDDING sUPPDn
1_ When the project goes out for competitive bidding, we will assist the City in the bid process, distributing bid packages, noti rig d irechon given to oantracturs, respond to Requests for information/ Clarification and bidder questions as deemed necessary, to help facilitate dear, competitive bids with limited ambiguity. We will provide fallow -up cla 0cabons ar addendum items for all electronic bids.
I We will attend the pre -bid meeting and provide written minutes and fallow up information as required_ We will assistihe City in obtainingand evaluatingbids for the project as required_ 3_ a will assist the City with the bid review and contractor selection process to the extent requested by City, staff
4_ We will attend the pre -construction meeting and provide written minutes and fellow up information as required within 1 day following the meeting_ Throughout the project, we will provide full documentation relating to meeting decisions and action items, assignment of action items to team members, and all other requests indicated within the Citys RFP The GWDG ii+amrece* davadapre-firdmeejir mth C79 surpia. . Er haTfed He's Park; Perris, CA. 142021.
REQUEST FOR PROPOSALS (RFP) NO.269 RONIALD REAGAN SPORTS PARK - SKATE PARK CITY OFTEMECULA- PROJECT NO. PYY22-07 vi
SEPTEMBER d, 2D22 - UPDATED JANUARY 2 i', 2d23 PER CITY REQUEST I* 16 08/09/2021
TASK 4 - INHANCED CONSTRUCTIO SUPPORT (OP'T OVAL)
,S- When requested, we will assist the CKy with construcHon administration assistance for specialty areas where specific technical expertise is required in determi ning conformance to design concepts and approved plans and specifications-
6- We will participate in weekly construction meetings, in support of the City and the Cnty's Construction Management consultant. Based on our observations at the site and on the contractor's application for payment, we will assist in determining the amount owed to the contractor We will review job drawings, as- buiIts, RFI's, samples and other submissions of the contractor for conformance with the design ofttre project and for compl iance with the information given in the conformance contract documents, for the project-
7- Adkan Engineers will provide BMP Inspection Services and SMARTS Reporting based on QSP Services/ Risk 1-
S- Adkan Engineers will provide for Pad and Final Certifications to confirm construction was completed per plans -
Our in-house FAA Certified UAS (Drone) pilot will provide monthly progress drone photography for use in updating stakeholders and constituents of construction progress. 10- We will review change orders and submittals for approval and issuance by the Cnty- We will respond to request for information from the contractor, issue field bulletins and requests for quotations. We wi II mainta in u pdated R FI, Change Order and Submittal logs, which will be sha red onl ine via Basecernp app-
11- a will review as-builts and assist in the reproduedon of the as built information saved in electronic format for future reference to the project
REQUEST FOR PROPOSALS (RFP) NO.269 RONALD REAGAN SPORTS PART{ - SKATE PARK CITY OF TEMECULA -PROJECT NO. PW22-07 vii
SEPTEMBER S, 21322 - UPDATED JANU,4RY 27, 2023 PER CITY REQUEST 17 08/09/2021
REVISED DELIVERABLES
Our team will provide the following deliverables at each applicable stage of the project:
TASK I- ADMINISTRATION I VI'II.ITY COORDINATIONI PRF.L .1 INARY E GDaMR 1N • Ongoing coordination with City, including development of Project Schedule * Util"Coordinubon
• Geotechnical Soils Investigabon Report with Recommendations • Topographic Survey
TASK 2 - COMMUNTI'Y ENGAGEMENT! CONCEMIAL DEVELiOPhffiNT ■ Online Preliminary Feedback Su rveyMonLay Survey and corresponding collateral to advertise survey_ ■ Two �2) Conceptual Plans for SurveyMonhey vote
■ Community Meeting materials
■ Summary Report of Community Engagement Feedback
■ Color Plan/ 3-d renderings of each concept option, in PDF and JPG ■ PrelirrinaryCost Estimatefor each option
■ Updated 3-d plans and estimates for final master concept ■ VAcleo fly-th rough of final concept option for Ws social media sharing ■ Additional meetings and concept plans as directed by the City.
TASK - CONSTRU TIONIENGI �DOCUMENTS
■ Full size hard copies (3 or more if needed) of ALL plan sheets, bound into set, at each sub m ittal level ■ Color tut sheets of shade structures, site furnishings, etc as applicable ■ ADA Modernization Plan
■ Book spedkatiors
■ ErrAronmentaI Questionna ire for Categorical Emnption ■ Final Hydrology and Hydraulics/Oetention Basin Routing ■ Flnal WCIMP
■ Final Erosion Control/SPPP
■ PDF copies of all documents
TASK 4 - BIDDING SUPPORT
• Ongoing documentation of bidding process
• PDF copies of all documents
TASK 4 - CONSTRUCTION SUPPORT (OPTIONAL)
• drone photos/videos/ higih-resolution ground shots to document all stages of construction • Ongoing documentation, including submittal reviews, RFI responses, field notes, etc_ • BIVIP Inspection Services a nd SMARTS Reporting
• Pad and Final Certifications
• As -built plans
• PDF copies of all documents
REQUEST FOR PROPOSALS (RFP) NO.269 RONALD REAGAN SPORTS PARK - SKATE PARK CITY OFTEMECLI LAL- PROJECT NO. PW224 7 viii
SEPTEMBER S, 2022 -UPDATED JANUAiRY 27, 2033 PER GITY REQUEST I* 18 08/09/2021
EXHHIBIT B
PAYMENT RATES AND SCHEDULE
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $213,823.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
19 08/09/2021
RONALD REAGAN SKATE PARK - SCOPE AND FEE BREAKDOWN
CITY OF TEMECULA - COMMUNITY WORKS DESIGN GROUP
UPDATED JANUARY 27, 2023
COMM. WORKS DESIGN
ADKAN ENGINEERS
SPOHN RANCH
DESIGN WEST
GEOTEK
Reimbursable
GROUP
Expenses
LANDSCAPE ARCHITECTURE
! SURVEY/ CIVIL ENGINEERING
SKATE PARK DESIGN
i ELECTRICAL
; GEOTECHNICAL
(PRIME)
ENGINEERING
! $215 i $175 ! $160 ! $130 ! $75
! $210 ! $170 ! $150 $135 ! $260 ! $120
Task ;Description
- - ------------------------------------------------------- !ADMINISTRATION 1 UTILITY COORDINATION/ PRELIMINARY
1 !
!ENGINEERING !
-------------------------
3251500
$ .
4 ..
$ '67000
$ 1702000
2 .
07500
$ '
$ 0.00
8 .
75000
$ '
$ 250
--- =------------------------------------------------------------------------------'
1.1 ;Ongoing City/ Team Coordination, Meetings, Site Visits as needed ! --------------------------
NOT TO EXCEED
-------------------------------
$4,670.00
-----------------------
$3,910.00
--------------------------
$2,075.00
--------------------------------------------------------------------------------------------- ---------
Yes
--------------------------------------------
Yes
-- ------------------------------------------------------------------------------------------------' 1 1 1 ! Participate in kick-off meeting !
-----------------
Yes
-----------------
! Yes
i Yes
i Yes
i Yes
+----------
1 1 2 Participate in virtual or in -person team coordination meeting at each ---- --------- --------- --
Yes
------- --------- .....................
Yes
------------------f
As Needed
--------- -----4----
As Needed
----------------
As Needed
major plan milestone level
- ------ -------- -------------------------------------------------------------------------------------- --------------------------------------------
-------------------------------------------------
------------------------------------
---------------------------
---------------------------
Ir
1.1.3 Develop Project Schedule and update as necessary
--------T------------------------------------------------------------------------------------------------ Yes
--------------------------------------------
Yes
•--------------------------------------------------
i Yesi
-----------------
Yes
-----------------------
Yes
-------------
1.2 !Utility Coordination/ Records research
As Needed
Yes
Review
i Yes
i Yes
1.3 ;Prepare Topographic Survey
-------------------------------------------
Review
---------------- -----------------;
-----------------------------------
$13,110.00
----------
Review
;
----
1.4 ;Prepare Soils Reports
Review
Review
Review
$8,750.00
"------}-----------------------------------------------------------------------------------------------' !COMMUNITY ENGAGEMENT & CONCEPTUAL
-----------------"""""""""
""""""""""""""""""""""""""""""""""""""""""""'"""""""""""""""""""""""""""""""""""""""""""""""""'"""""""""""""---""""------""""""""""'."""""""""""""""""""""""""""'""""""""""""""""""""""""""-i------------------ 2 $24,670.00
$7,795.00
$0.00
$16,875.00
$0.00
$0.00 i
$750
;DEVELOPMENT
-
2.1 ;Ongoing City/ Team Coordination to develop Outreach Strategy - =
LUMP SUM
$4,125.00
--------------------------------------------
As Needed
-------------------------------------------------
$2,300.00
------------------------------------
t---------------------------
----------------------------
-----------------
2.2 !Participate in (2) Community Input Meetings
Yes
As Needed
Yes
2.3 ;Coordinate with City on answers/solutions based off community feedback ------------------------------------------------
Yes
-----------------------------
As Needed
;
As Needed
As Needed
As Needed
2.4 ;Develop (2) Conceptual Plans with Cost Estimates
-------- T------------------------------------------------------------------------------------------------ $1,835.00
----------------------------------------
As Needed
-------------------------------------------------
$14,575.00
4i------------------------------------
i----------------------------4i-----------------------------
2.5 ;Prepare presentation materials and attend City council meeting as required .........----------------------------------------------------------------------------------------- -------------------------
$1,835.00
------------------
As Needed
-----
--- ------
----------------'---------------------------'
;CONSTRUCTION DOCUMENTS / COST ESTIMATES I
$45,655.00
$15,663.00
$4,750.00
$750.00
$500
!SPECIFICATIONS (30%, 60%, 90% & 100% CD's)
- --- -- -- --- -- -- -- -- -- --
3.1 ;Update conceptual plan to reflect survey/ geotech and community input —ooi """eneial"desi
- -
LUMP SUM
Yes Review design for compliance 1%diew design7or
---------------------------------------------------------- ------------------------------ ------------------------------ QmDllanm------- re aie inifiai corice Tua7""iad i""""far ve"in n iriti3ril""""""
3.2 P P 9 P Y 9 9 9
- """"""""""""""""""""""""""""""""""""""""""""""""""""
32.1 i eve op sc ema is p an-------------------------------------------------------------= _Yes
------------- Yes --------------
-------------------------------------------
-----------------------------
----------------------
---------------------
3.2.2 Provide rough cost estimate
Yes
;Outreach to product vendors regarding current availability, priang, and lead ;
3.3 Yes Yes As Needed As Needed
;times !
-------------------------------------------------9--------------------------------------------------- —
-----------------------------
-----------------
---------------------
3.4 '!Prepare60%ConstructionDrawin s
$19,320.00
3.4.1 ! Demolition/ Protection Plan
----
- -----T-----------------an
Provide input to civil Yes --------------------------------------------------------------- ---------------------------
3.4.2 ! Horizontal and Vertical Control Plan
Vertical Control l
-------------------------------------------------------------------------------------------------------' ------------------------------------------------------------------- Yes----------------------/------------------------------------ ---------------------------
---------------------------
;verify conformance to
3.4.3 ! Grading and Drainage Plans
Yes
Yes
Yes
soils report; site prep
recommendations
-----------------------------------------------------------------------------------------------'
3.4.4 i Utility Plans
-------------------------------------------------------------------------------------------------------- -------------------------------------------- ------------------------------------------------- {------------------------------------f--------------------------- {--------------------------- Yes As Needed As Needed Yes - Dry
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
3.4.5 i Construction Plans and Details
------------------------------------------------------------------------------------------------- Yes
Cross refs to LC -sheets only
As Needed
As Needed
--------
3.4.6 i Electrical Plans
----------------------------------------------------------------------------------------------1------------------------------------i---------------------------1--------------------------- Yes
Yes
-------- -------------------------------------------------------------------------------------------------
3.4.7 i Irrigation Plans Details, Calculations, Schedules ! ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- •Yes
As Needed
3.4.8 i Planting Plans, Details, Calculations, Schedules ------T---------------------------------------------------------------------------------------------' Yes
-------------------------------------;
;
3.4.9 i ADA Modernization Design
Yes
$4,830.00
As Needed
4 4---------------------------
--------------------------------------------------------------------------------------------------------
3.4.10i Erosion Control/ SWPPP
--------------------------------------------
Yes
-------------------------------------------------
$5,520.00
........... -----------
As Needed
---------------------------
--------i------------------------------------------------------------------------------------------------
3.5 IPrepare90%ConstructionDrawings !
--------------------------------------------
Yes
'-------------------------------------------------
! Yes
'------------------------------------
Yes
'---------------------------
Yes
'---------------------------
+""""""""""""" " " "
-------------------------------------------- ------------------------------------------------- {------------------------------------f------------- """----------- {---------------------------
3.5.1 i Provide written response to City/ Agency Comments relating to 90% Yes
Yes
Yes
Yes
CD's
3.6 ! Prepare 100%o Construction Drawings !
Yes
! Yes
Yes
Yes
+"""""""-""--" " "---------
3.7 Prepare Final Hydrology and HydraulicslDetention Basin Routing -------------------------------------------- i------------------------------------------------- {------------------------------------f------------- """----------- 4--------------------------- Yes ! $6,555.00 As Needed As Needed
________}________________________________________________________________________________________________' -- — $--IPrepare Final Water Quality Management Plan-------------------------------------' --------------------------------------------
-------------------Yes-------------------
;-------------------------------------------------
------------------$9,430.00------------------
;____________________________________f
-----------i-------As
----------As Needed
---------------------------
Needed----
;___________________________
---------------------
3.9 !
Provide written response to City/ Agency Comments relating to 100% CD's Yes
Yes
i As Needed
i As Needed
4 ;BIDDING SUPPORT
$11,070.00
--------------------------------------------
$3,460.00______________�
-------------------------------------------------
$3,910.00_________________�
------------------------------------
No Charge
---------------------------
$3,700.00
---------- -- -.00---------
$0.00
4- + lBiddin Assistance-----------------------------------------------------------------------=
LUMP SUM
_
........ $3,460.00 As Needed
_
_
As Needed As Needed
T
4.1.1 ; Assist the City as required in responding to bidder's inquiries ?
Yes
As Needed
!
As Needed
As Needed
_________________
Assist in issuing clarifications and/or addenda to the construction ------ -
Spohn Ranch will
---------
4 1 2
documents !
------------------------------------------------------------------------------------------------ Yes
! As Needed
i ----I
coordinate with CWDG as
As Needed
As Needed
+
+=
4.1.3 Assist the City if necessary in reviewing bids and advise regarding As Needed
As Needed
needed.
As Needed
As Needed
award of the construction contract.
-------- +------------------------------------------------------------------------------------------------ --------------------------
-----------------
'---------
iSUBTOTAL FEES
i!UBTOTALFEES
$158,398.00
$158,398.00
$39,250.00
20 $66,585.00
$34,613.00
$8,450.00
$9,500.00
$1,650.00
GRAND TOTAL
$160,048.00
i
AS REQUESTED;
2 ;TASK 2: AS -REQUESTED OPTIONAL SERVICES
BY THE CITY
2 A
Develop Additional Conceptual Plans with Cost Estimates as directed by the i $4,6001 additional plan
As Needed
$4,600/ additional plan
Y
2.13 !Participate in additional Community Input Meetings as directed by the City $1,150/ additional meeting
As Needed
i $1,150/ additional meeting
$1501
M
+----------------------------------------------------------------------------------------------- ----------------i
--------------------------------------------
i------------------------------------------------
+------------------------------------I--------------------------- +---------------------------
.._eeting
........
4 ;TASK 4: AS -REQUESTED OPTIONAL SERVICES I
HOURLY NOT
$20,035.00
$32,890.00
CWDG TO PROVIDE
$850
TO EXCEED
SERVICES
-------
--4.2__;C-------
-T---------------------------------------------------------------------------------------------- r coon Support--------------------------------------------------------------------' --------------------------'------------------------------ --------------
---------------$16,095.00---------------•-----------------As --------------------------------------------------------------------------------------'•---------------------------I---------------------------- Needed -------------------------------------------------------------As Needed ------- ------As
Needed------i
4.2.1 Participate in pre -construction meeting
T-----------------------------------------------------------------------------------------------' Yes
--------------------------------------------
I-
Yesi
I------------------------------T--------------------------- As Needed
I---------------------------,
As Needed
4.2.2 Participate in construction meetings, as -needed
As required meetings
--------------------------------------------------
As Needed
As Needed
As Needed
--------
4.2.3 +------------------------------------------------------------------------------------------------ Respond to RFI's, prepare Addenda, provide supplemental instructions --------------------------------------------
Yes
i-------------------------------------------------
$5,750.00
i------------------------------------ k--------------------------- i___________________________�
As Needed
As Needed
duringconstruction I
T---------------------------------------------------------------------- --------------------------------------------
I
•-------------------------------------------------
----------------------
---------------------
4.2.4 I Review product submittals
T-----------------------------------------------------------------------------------------------' Yes
4 Provide support as -needed
i------------------------------------
I (-----
As Needed
As Needed
4.2.5 i Review progress payment invoices; review change order requests --------------------------------------------
Yes
-------------------------------------------------
Provide support as -needed
------------------------------------
-----
As Needed
------
As Needed
--------
4.2.6 {------------------------------------------------------------------------------------------------ Review schedule updates for project tracking; request recovery -------------------------------------------- {------------------------------------------------- {-------------------------------------- f___________________________{___________________________� Yes Provide support as -needed As Needed As Needed
schedule, etc.
4.2.7 --------
Prepare punch list, determine substantial conformance
------------------------------------------------------------------------------------------------ Yes
--------------------------------------------
T------------------------------------------------
Provide support as -needed
iAs
I-----------------------------------/---------------------------I---------------------------i Needed
As Needed
4.2.8 I Request and compile as -built information from Contractor and subs Yes
Provide support as -needed
As Needed
As Needed
+----------------------------------------------------------------------------------------------- --------------------------------------------
-------------------------------------------------
+---------------------------------------------------------------+---------------------------i
4.3 iBMP Inspection Services and SMARTS Reporting
As Needed
$16,675.00
As Needed
As Needed
t------------------------------------------------------------------------------------------------ -------------------------------------------- {------------------------------------------------- {------------------------------------ F___________________________{___________________________'
4.4 !Pad Certifications (2 Moves)
As Needed
$3,220.00
As Needed
As Needed
--------
4.5 +------------------------------------------------------------------------------------------------ lFinal Certification (1 Move)
---------------------------------------
As Needed
?
$3,220.00
;
As Needed i
As Needed
---------
4.6 --------------------------------------------------------------------------------------------' ;Prepare As-Builts
------------
----
--------------------------------------------
$3,940.00
------
-------------------------------------------------
$4,025.00
-----------------------------------T---------------------------I--------------------------- As Needed
As Needed
*SUBTOTAL FEES (Optional Task 4 only)
$52,925.00
$2Q035.00
$32,890.00
---------------------------------------
Reimbursables
$850.00
GRAND TOTAL w/ BASE FEES
$213,823.00
EXCLUSIONS: Materials (concrete, etc.) nor compaction testing during construction; deputy inspection; daily site manager2ept/ prevailing wage/DIR documentation The scope and fees indicated above reflect our team's understanding and experience of what is necessary to bring this project to a successful completion. These design fees are based upon a $2 million construction budget for improvements INCLUDING any necessary demolition and site work, with $1.5M allocated for the skate terrain footprint calculated at (20,000 SF @ $75/SF).
FY 2022-23 HOURLY RATE SCHEDULE
COMMUNITY WORKS DESIGN GROUP
CITY OF TEMECU LA
Principal Landscape Architect'stime at the fixed rate of: $2 -00 per hour Principal Certified Access Specialist (CASp)'s time at the fixed rate of: ^215.00 per hour Certified Access Specialist (CASp)'s time at the fixed rate of_ ^195.00 per hour Senior Landscape Architect'st[me atthefixed rate of: S175.00 per hour Certified Irrigation Designer's time at the fixed rate of: $175.00 per hour Senior Project Manager's time at the fixed rate of_ $160.00 per hour Construction Manager's time at the fixed rate of $160.00 per hour ISA Certified Arborist's time atthefixed rate of: $160.00 per hour FAA Part 107 sUAS Remote Pilot"stime at the fixed rate of: $160-00 per hour Project Manager's time at thefnced rate of: $145- 0 per hour Landscape Designers time at the fixed rate of: $130- 0 per hour Design Assistant's time at the fixed rate of: $ 75.00 per h our Office Manager's time at the fixed rate of $ 75.00 per hour
OUTSIDE CONSULTANTS
Services of outside consultants not listed in this proposal, atourdirect cast, plus 15% of the actual €ast of their services for coordination_
REIMBURSABLE ITEMS
Reimbursable items, such as the cost of plotting, graphic reproduction and shipping;, at our direct cost plus 15%_ Auto travel shall be charged at the current JRS Standard Mireage Rues_ Reimbursable items are billed in addition to the stated fee.
TERMS AND CONDITIONS OF PAYMENT
We will bill in proportion to the percentage of work aamplete at the time of billing. All billing state ments are due upon receipt. Interest will be charged at the rate of 2 per month on the past due balance thirty days and over_
NIA
Alk
c7"
The Heart of Southern California
Wine Country
RONALD REAGAN SPORTS PARK SKATE PARK
Parks/Recreation Project
Project Description: This project will remove and replace the existing skate park and install state-of-the-art street skate plaza elements.
Benefit: This project will upgrade the existing aging facility and provide state- of-the-art recreation opportunity for the City's residents. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Accountable and Responsive City Government.
Core Value: Healthy and Livable City
Project Status: This is a new project.
Department: Public Works - Account No. 210.290.999.222
Level: I
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
2022-23
Prior Years
2021-22 Adopted 2023-24 2024-25 2025-26 2026-27
Total Project
Project Cost:
Actuals
Adjusted Budget Projected Projected Projected Projected Cost
Administration
25,000
25,000
Construction
895,000
895,000
Design & Environmental
80,000
80,000
Total Expenditures
1,000,000 - -
1,000,000
Source of Funds:
Measure S 1,000,000 1,000,000
Total Funding 1,000,000 1,000,000
Future Operating & Maintenance Costs:
Total Operating Costs
189
Item No. 6
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: February 28, 2023
SUBJECT: Approve Agreements for On -Call Excavation, Backfill, and Grading Maintenance Services for Fiscal Years 2023-2028
PREPARED BY: Stacey Biddle, Management Assistant
Julie Tarrant, Principal Management Analyst
RECOMMENDATION: That the City Council approve agreements for on -call excavation, backfill, and grading maintenance services for Fiscal Years 2023-2028 with Miko Mountain Lion, Inc., and NPG, Inc., in the amount of $1,000,000 each for the total term of the agreement.
BACKGROUND: On November 22, 2022, the Department of Public Works posted a Request for Proposals (RFP) No. 263 on the City's online bidding service, PlanetBids, for On -Call Excavation, Backfill and Grading Maintenance Services. A total of three proposals were received by or before the deadline to submit of December 14, 2022. A review panel was formed to provide a fair and thorough review of the three proposals that were submitted, and after a thorough evaluation and rating process it was determined that both Miko Mountain Lion, Inc., and NPG, Inc., were the best qualified contracting firms to perform work, as outlined in the scope of services of the RFP, and at the most competitive prices.
Staff is requesting to approve agreements with two firms to ensure immediate availability of services in the event of an emergency, and to further continue to maintain various city owned properties, drainage channels, emergency call out services, and additional work as needed throughout the city. Staff respectfully recommends approval of both agreements for On -Call Excavation, Backfill, and Grading Maintenance Services.
FISCAL IMPACT: Adequate funds are available for Fiscal Year 2022-2023 and will be requested in the Department of Public Works, Maintenance Division in the following Fiscal Years 2024-2028 Annual Operating Budget.
ATTACHMENTS: 1. Agreement - Miko Mountain Lion, Inc.
2. Agreement - NPG, Inc.
AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
CITY OF TEMECULA AND MIKO MOUNTAIN LION, INC.
ON -CALL EXCAVATION, BACKFILL, AND GRADING MAINTENANCE SERVICES THIS AGREEMENT is made and effective as of February 28, 2023, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Miko Mountain Lion, Inc., a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on February 28, 2023, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2028, unless sooner terminated pursuant to the provisions of this Agreement.
The Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside - San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. No work requested by the Director of Public Works under this Agreement shall exceed sixty thousand dollars ($60,000). For any work requested by the Director of Public Works that exceeds twenty- five thousand dollars ($25,000), the Contractor shall post a payment bond as required by Civil Code Section 9550.
3. PAYMENT
a. I he City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as 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. This amount shall not exceed One Million Dollars ($1,000,000) for the total term of this agreement unless additional payment is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.
Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
G. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.
4. PERFORMANCE
Contractor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Contractor shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov . Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
08/06/2021
8. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to httpl/ www.dir.ca.pov/Public-Works/PublicWorks.htmi
9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.
10. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
11. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 08/06/2021
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.
12. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability Form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: Two Million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage.
3) Worker's Compensation insurance is required only if Contractor employs any employees. Contractor warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees.
C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty -Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of 08/06/2021
activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-: VII or better, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City 's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.
08/06/2021
13. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
14. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
15. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
16. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify [�FIGI:if��iY�il
the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.
21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap.
22. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Contractor: Miko Mountain Lion, Inc.
Attn: Mike Monteleone, Jr.
3065 Mickelson Way
Murrieta, CA 92563
23. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up 08/06/2021
to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
25. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
27. LABOR AND MATERIAL BONDS
Within ten (10) business days from the City Manager approval of this Agreement, Contractor shall provide the City with a Labor and Materials Bond to secure payment to any contractor, sub -contractor persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Agreement. The bond shall be in substantially the form attached as Exhibit C, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City.
28. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 08/06/2021
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA MIKO MOUNTAIN LION, INC.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: By:
— 0./. /Z/, 4" �' � , -') C jr
Zak Schwank, Mayor Mike Monte one Jr., CEO
ATTEST:
By:
Randl Johl, City Clerk
APPROVED AS TO FORM:
By:
Mike
By:
Peter M. Thorson, City Attorney CONTRACTOR
Miko Mountain Lion. Inc.
Contact Person: Mike Monteleone Jr.
3066 Mickelson Way _
Murrieta CA 92663
Phone Number: 961852-5006
[email protected]
City Purchasing Mgr.
Initials and Date:
a
9 08/06/2021
EXHIBIT "A"
SCOPE OF WORK
Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for future on -call excavation, backfill, and grading maintenance services at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call -out.
The procedure for assigning work is set forth as follows:
1. The City Manager or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the City Manager whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the City Manager may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the City Manager, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement.
The work to be done consists of furnishing all materials, equipment, tools, labor and incidentals as required by the Agreement Documents for the above -stated services. The general items include excavation, backfill, and grading maintenance services to the City.
Work shall be in accordance with the Standard Specifications for Public Works Construction ("Green book").
1. Work may include:
Emergency response
• Concrete flat work
• Earthwork
• Debris removal
• Traffic control
• Guardrail work
• Channel work and repairs
• Storm drain and/or drain line work
10 08/06/2021
• Catch basin repairs and maintenance
• Downspout work
• Aggregate delivery/purchase
• Additional excavation, grading, and backfill services as requested by City staff
2. Earthwork:
• Create and maintain a safe work site;
• Minimize risk of damage to equipment and facilities;
• Plan the project to minimize unplanned utility outages; • Assign appropriate responsibilities to specific individuals; • Prepare appropriate scope of work for requested tasks; • Assure the earthwork is uses the appropriate techniques and equipment; • Report immediately to the City any damaged utilities. • The earthwork covers excavation, moving and placing of materials forming the surface of the earth (including construction water) in such a manner that the cut, fill, excavation, trench, backfill, or any similar operation can be executed with the use of commonly used for these types of operations and may include clearing, grubbing, and erosion control activities.
3. Upon project completion, remove all marker flags/cones and ensure the project area has been cleared of debris and returned to service.
4. Public Safety:
• The Contractor shall conduct maintenance operations so as to minimize inconvenient to the public and to abutting property owners. ® Any materials or equipment brought to the site for use during any day shall be placed where it will not interfere with the free and safe passage of traffic and pedestrians.
• The Contractor shall correct any hazardous condition immediately. If the Contractor fails to correct the hazardous condition immediately, the City reserves the right to install or have installed the necessary lights, barricades, etc. The cost involved shall be deducted from any money due or to become due the Contractor.
5. The Contractor shall implement strategies in work operations to reduce fossil fuel consumption and emissions such as: use hand powered equipment when possible; minimize use of gas -powered blowers; select the smallest, most fuel -efficient equipment to accomplish the work; consider vehicles that operate on natural gas or biodiesel; maintain equipment properly and keep it well -tuned; and emphasize employee carpooling to jobsites.
6. The Contractor shall use local products and supplies to the extent possible.
7. The Contractor shall refuel and repair equipment in a safe manner to protect against accidental spills. Limit refueling to specific and limited areas on a site. Measures shall be taken to prevent, control, and clean-up spills. Clean-up shall be immediate, automatic and routine and performed by a trained staff member or a licensed il
08/06/2021
cleaning company. Contact the local emergency response team agencies to report all minor or major spills.
8. Contractor must have:
• Material safety data sheets (MSDS) available at all times while on the job site;
• Licensed personnel for Traffic Control;
• Provide 24-hour Emergency Service, within 2 hours' response time; • Ability to perform work at night during grave yard hours at no extra charge; • Ability to work on weekends and holidays.
12 08/06/2021
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
Equipment ! Position
Rate Per Hour !
Regular Rate
Saturday
Overtime
Holiday I Sunday
Overtime
D4G Dozer
$
150.00
$
165.50
$
182.00
D6RLGP
$
195.00
$
210.50
$
226.50
D6RXL
$
200.00
$
215.50
$
231.50
D6R W/Slope
$
245.00
$
260.50
$
276.50
824 Dozer
$
100.00
$
1 '15.50
$
131.50
D8K
$
195.00
$
210.50
$
226.50
D8R
$
265.00
$
280.50
$
296.50
D9R
$
270.00
$
285.50
$
301.50
D10R
$
300 00
$
315.50
$
331.50
200 Excavator
$
225.00
$
240.50
$
256.50
220 Excavator
$
240.00
$
255.50
$
271.50
350 Excavator
$
30f)$
315.50
$
331.50
400 Excavator
$
320.00
$
335.50
$
351.50
650 Excavator
$
400.00
$
415.50
$
431.50
430E Backhoe
$
205.00
$
220.50
$
236.50
450E Backhoe
$
235.00
$
250.50
$
266.50
30 MF Skip/Mower
$
130.00
$
145.50
$
161.50
450C Loader
$
200.00
$
215.50
$
231.50
950 Loader
$
220.00
$
235.50
$
251.50
977 Loader
$
0 00
$
175.50
$
191.50
973 Loader
$
160.00
$
175.50
$
191.50
963 Track Loader
$
170.00
$
185.50
Is
201.50
12G Motor Grader
$
180.00
$
195.50
$
211.50
140 Motor Grader
$
225.00
$
240.50
$
256.50
623 Scraper
$
180.00
$
195.50
$
211.50
860 Scraper
$
110.00
$
125.50
$
141.50
613 Scraper
$
125.00
$
140.50
$
'I56.50
657 Push Pull Scraper
$
225.00
$
240.50
$
256.50
13 08/06/2021
PRICING FORM (continued)
Equipment I Position
Rate Per Hour I
Regular Rate
Saturday I
Overtime
Holiday I Sunday
Overtime
10 Wheel Dump/pup
$
145.50
$
160.50
$
176.50
Hi-Side/End Dump
$
150.00
$
165.50
$
181.50
Skid Steer
$
195.00
$
210.50
$
226.50
4,000 gallon with Truck
$
150.00
$
165.50
$
181.50
2,500 gallon with Truck
$
170.00
$
187.50
$
203.50
6x6 Off Road Dump
Truck
$
110.00
$
125.50
$
141.50
26 Wheel Lowbed Truck
$
200.00
$
215.50
$
231.50
Foreman
$
130.00
$
145.50
$
161.50
Pick-up
$
110.00
$
125.50
$
141.50
Grade Checker
$
100.00
$
115.50
$
131.50
Laborer
$
95.00 $
110.50
$
126.50
Operator
$
100.00
$
115.50
$
131.50
Dated: 10/15/2022 By.
-4x4 .r1ir- vlt,)r
Signature of Authorized Representative
Michael Monteleone
Print Name and Title
14 08/06/2021
EXHIBIT "C"
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
BOND NO.
LABOR AND MATERIALS BOND
FOR
EXCAVATION, GRADING, & BACKFILL
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, WHEREAS, the City of Temecula has awarded to:
Miko Mountain Lion, Inc.
3065 Mickelson Way
Murrieta, CA 92563
Hereinafter called "Contractor," a contract for the work described as follows:
EXCAVATION, GRADING, & BACKFILL, hereinafter called "Contract," and WHEREAS, said Contractor is required by the provisions of Sections 3247-3252 of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth.
NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and [INSERT NAME AND ADDRESS OF SURETY] duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Contract and referred to in Title 15 of the Civil Code, in the penal sum of [INSERT WRITTEN AND NUMERICAL DOLLAR AMOUNT], lawful money of the United States, said sum being not less than one hundred (100%) of the estimated amount payable by the said City of Temecula under the terms of the Contract, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, or its heirs, executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for, or about the performance of the work under the Contract to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Chapter 7 of Title 5 of Part 4 of Division 3 of the Civil Code, and provided that the claimant shall have compiled with the provisions of said Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.
As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered.
15 This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the [INSERT DATE] of [INSERT MONTH], [INSERT YEAR]. (Seal)
SURETY
By:
(Name)
(Title)
APPROVED AS TO FORM.
Peter M. Thorson, City Attorney
PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures 16 08/06/2021
AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
CITY OF TEMECULA AND NPG, INC.
ON -CALL EXCAVATION, BACKFILL, AND GRADING MAINTENANCE SERVICES THIS AGREEMENT is made and effective as of February 28, 2023, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and NPG, Inc., Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on February 28, 2023, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2028, unless sooner terminated pursuant to the provisions of this Agreement.
The Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside - San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. No work requested by the Director of Public Works under this Agreement shall exceed sixty thousand dollars ($60,000). For any work requested by the Director of Public Works that exceeds twenty- five thousand dollars ($25,000), the Contractor shall post a payment bond as required by Civil Code Section 9550.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as 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. This amount shall not exceed One Million Dollars ($1,000,000) for the total term of this agreement unless additional payment is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.
Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
08/06/2021
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.
4. PERFORMANCE
Contractor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Contractor shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website at httP:11 www.dir.ca.gov . Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
8. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PubljcWorks.htm]
9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.
10. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
11. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 08/06/2021
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.
12. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability Form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: Two Million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage.
3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the O8/06/2021
scope of protection afforded to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. f. Verification of Covera e. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City 's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.
13. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
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14. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
15. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
16. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.
21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap.
22. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Contractor: NPG, Inc.
Attn: Mimi Stone
1354 Jet Way
Perris, CA 92571
23. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.
08/06/2021
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
26. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
27. LABOR AND MATERIAL BONDS
Within ten (10) business days from the City Manager approval of this Agreement, Contractor shall provide the City with a Labor and Materials Bond to secure payment to any contractor, sub -contractor persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Agreement. The bond shall be in substantially the form attached as Exhibit C, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City.
28. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 08/06/2021
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA NPG, INC.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
r
By: By: l
ZakSchwank, Mayor Jeff fson„C
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
By:
Sharon Nelson, CFO
CONTRACTOR
NPG, Inc.
Attn: Mimi Stone
1364 Jet Way
Perris, CA 92671
(961) 940-0200
[email protected]
City Purchasing Mgr.
Initials and Date:
�-- Vs r
9 08/06/2021
EXHIBIT "A"
SCOPE OF WORK
Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for future on -call excavation, backfill, and grading maintenance services at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call -out.
The procedure for assigning work is set forth as follows:
1. The City Manager or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the City Manager whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the City Manager may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the City Manager, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement.
The work to be done consists of furnishing all materials, equipment, tools, labor and incidentals as required by the Agreement Documents for the above -stated services. The general items include excavation, backfill, and grading maintenance services to the City.
Work shall be in accordance with the Standard Specifications for Public Works Construction ("Green book").
1. Work may include:
• Emergency response
• Concrete flat work
• Earthwork
• Debris removal
• Traffic control
• Guardrail work
• Channel work and repairs
• Storm drain and/or drain line work
10 :�klUIy6��Y�i
• Catch basin repairs and maintenance
• Downspout work
• Aggregate delivery/purchase
• Additional excavation, grading, and backfill services as requested by City staff Earthwork:
• Create and maintain a safe work site;
• Minimize risk of damage to equipment and facilities;
• Plan the project to minimize unplanned utility outages; • Assign appropriate responsibilities to specific individuals; ■ Prepare appropriate scope of work for requested tasks; ■ Assure the earthwork is uses the appropriate techniques and equipment; • Report immediately to the City any damaged utilities. • The earthwork covers excavation, moving and placing of materials forming the surface of the earth (including construction water) in such a manner that the cut, fill, excavation, trench, backfill, or any similar operation can be executed with the use of commonly used for these types of operations and may include clearing, grubbing, and erosion control activities.
3. Upon project completion, remove all marker flags/cones and ensure the project area has been cleared of debris and returned to service.
4. Public Safety:
• The Contractor shall conduct maintenance operations so as to minimize inconvenient to the public and to abutting property owners. • Any materials or equipment brought to the site for use during any day shall be placed where it will not interfere with the free and safe passage of traffic and pedestrians.
• The Contractor shall correct any hazardous condition immediately. If the Contractor fails to correct the hazardous condition immediately, the City reserves the right to install or have installed the necessary lights, barricades, etc. The cost involved shall be deducted from any money due or to become due the Contractor.
5. The Contractor shall implement strategies in work operations to reduce fossil fuel consumption and emissions such as: use hand powered equipment when possible; minimize use of gas -powered blowers; select the smallest, most fuel -efficient equipment to accomplish the work; consider vehicles that operate on natural gas or biodiesel; maintain equipment properly and keep it well -tuned; and emphasize employee carpooling to jobsites.
6. The Contractor shall use local products and supplies to the extent possible.
7. The Contractor shall refuel and repair equipment in a safe manner to protect against accidental spills. Limit refueling to specific and limited areas on a site. Measures shall be taken to prevent, control, and clean-up spills. Clean-up shall be immediate, automatic and routine and performed by a trained staff member or a licensed m
08/06/2021
cleaning company. Contact the local emergency response team agencies to report all minor or major spills.
8. Contractor must have:
• Material safety data sheets (MSDS) available at all times while on the job site;
• Licensed personnel for Traffic Control;
■ Provide 24-hour Emergency Service, within 2 hours' response time; • Ability to perform work at night during grave yard hours at no extra charge; ■ Ability to work on weekends and holidays.
12 08/06/2021
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
*ON -CALL EXCAVATION, BACKFILL & GRADING■
•• WS EQUIPMENT NPG CAN SUPPLY FOR THE PROJECT MENTIONED ABOVE '• " ALL HEAVY EQUIPMENT IS SUBJECT TO A $500 MOVE IN OUT OR AS NEGOTIATED fR F
LU
QTY.
DESCRIPTION
UNIT
UNIT PRICE
TOTAL
1 Blaw Knox 4410-Rubber Track
W-16' Screed
HR
3DO-00
2 Cedar Rapids 552 Paver- Rubber Tire -Pneumatic
10'-20' Screed
HR
3DO.00
w
3 Cedar Rapids 352 Paver- Rubber Tire -Pneumatic
8'-15' Screed
HR
300.00
4 Carlson CP130 2023
8'-15' Screed
HR
300_DO
5 Carlson CP100
8'-15' Screed
HR
300.DO
0 Automatics
DAY
5D0.DO
7 8-10 TN Double Drum Smooth Drum Roller
DAY
500.00
8 5-8 TN Double Drum Smooth Drum Roller
DAY
500,D0
9 3-5 TN Double Drum Smooth Drum Roller
DAY
5W00
g10
Y. TN Double Drum Smooth Drum Roller
DAY
250.00
w
11 1 TN Double Drum Smooth Drum Roller
DAY
250.00
12 8-10 TN RTR Rubber Tire Roller
DAY
500.00
13 10-12 TN Double Drum Smooth Drum Roller 2023
DAY
550.00
14 1
Wirtoen W150 Cold Milling
Needs Cvamdsrrur ft-*Q
First FIRS S3,000 Prawrxml S550 Any additional hr
15 Wrrigen 4 ft. Mill
First FRS $2 8W I1Niitinu r . SW Any additional hr
16 1
246 CAT Will 8' Gander tenon, aumat Kamaoar aftwpim�rq
First 4 FIRS 31.500 Alinirrram S150 Aay addWwtd it
17 Demo Hammer Backhoe Cx14
First l#�4 $1 SOD Mirimun $350 Any additional tv
18 4WD Skip Loader
DAY I275_(10
19 3 Yard Loader
DAY 1 450.00
20 John Deere 14'tier4 (NEW)
5850 pff day-33400 par week.31
500 per month
r
21 Bruce Kick Broom
DAY
325.00
22 Berm Machine
Will Need Crew Truck
DAY
350.00
23 D4G Dozer
HR
450.00
O
24 D6RLGP
HR
550.00
m
25 D8K
HR
700.00
26 229 Excavator
HR
450.00
27 43DE Backhoe
HR
300.DO
=
28 30 SKIPIMOWER
HR
125.00
29 450C Loader
HR
350.00
30 950 Loader
HR
375.00
31 140MolorGrader
HR
4WOO
32 613Semw
HR
475.00
33 2000 Gallon Water Truck
DAY
350.00
34 10 Wheel Dump I Hi -Side f End Dump
Operated
HR
1 150.00
R
35 Oil Spread Truck (2.000 91. capacity)
First 2 HRS S ADD (MnirrKm). S175 Any additional Ir
36 Tack Rig 200 albs FOB
DAY
250.00
37 Asphalt or Concrete Crew Truck 1 Tools
DAY
500.00
38 MacNneOperator (n.IKrIFELpommasHmATmuuwRATei
Prevailing
HR
130.00f195.00
39 Screed Operator
Prevailing
HR
130.00/195.00
40 Roller Operator
Prevai
HR
130.001195.00
41 Raker
Prevailing
HR
120-001180.00
$
42 Grotardsman - for Item# 14
Prevail-
FIR
120.00/180.00
43 Laborer / Concrete Finishers
Prevairwg
HR
120.001180.00
44 Grade Cheer
Prevailing
HR
120.00(180.00
45 4,000 Gallon with Truck
HR
250.00
46 2 500 Gallon with Truck
HR
175.00
47 Equipment Move
Er\
500.00
0 48
Arrow Board
we Need Clew Tnr9r
DAY
200.00
49 1
SS1 H Tack Material - for Item# 36
GALLON
7.50 50
13 08/06/2021
OTY.
DESCRIPTION
UNIT
UNIT PRICE
TOTAL
1 PolyPatcher
DAY S500i WEEK $2.800 i MONTH $11,200.00
2 PolyPatcher Product - MasticOne
30lb Box includes Eller & binder 538.50ibox
3 Black Sand 501b Bag
EA
25.00 4
Black Sand 1001b Bag_
EA
30.00 5
Craftco Metter 125
DAY $4251 WEEK $2.5001 MONTH $9,800.00
6 Crafco Pavement Cutter/ Router PLUS Bill
DAY $225+ WEEK $1.2OW MONTH $3.000
(NOTE: Item 5 Crafco Pavement Cutter comes with trailer, bits installed at $90 each.
Unit takes 6 bits. Renter keeps bits at end of rental)
540.00
7 #315 Cold our Crack Fill
5 GALLON
75.00 8
#615 GoldFlex Hat Crack Fill
351b Boxes
Box
35-00
9 Crafco LoopSeal Hot Crack fill
301b Boxes
EA
35.00 10
SCM300 Seal Machine B
300 GALLON
DAY
400.00
11 ST-550 Seal Tank Trailer
DAY
450.00
12 ST-550 Seal Tank Trailer wt spray unit
DAY
1 450-00
13 ST-1300 Seal Tank Trailer wl spr4 unit
DAY
1 450-00
14 Job Tanks ST6000 — Holds up to 6.000 gallons
DAY
1 450-00
UP TO ONE 1
WEEK WITH MATERIALS
15 ST-2000 Tanker —with pump W-f Men
OPERATED -FIRST 4 HRS $1.906 (MI III MUMI. S250.00 PER MR THEREAFTER WITH A S250.00
CLEAR -UP FEE JWCLUDES MOVE IN -OUT
16 ST-2000 TankerlGame Changer —with 1411
Spreader Bar/W-2 Men & 13' Spray Bar
OPERATED_ FIRST 4 MRS $2—W (N9NIMUNO, $3500.00 PER MR THEREAFTER WITH A $250.00
CLEAILUP FEE
37 Graco Line Lazar 39DD- Dua! gun
350-00
18 #310 GoldCoat Slurry Seal
Lame Volume POR
GALLON
3.50 x..-
19 Buggy Operator
130.001195.00
20 MelterOperator
130.001195.00
21 Laborer
120-001180.00
22 Equipment Move In10ut
EA
500-00
23 1 Crew Truck with Tools
DAY
500.00
14 08/06/2021
L*AV M I _*I
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
BOND NO.
LABOR AND MATERIALS BOND
FOR
EXCAVATION, GRADING, & BACKFILL
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, WHEREAS, the City of Temecula has awarded to:
NPG, Inc.
1354 Jet Way
Perris, CA 92571
Hereinafter called "Contractor," a contract for the work described as follows EXCAVATION, GRADING, & BACKFILL, hereinafter called "Contract," and WHEREAS, said Contractor is required by the provisions of Sections 3247-3252 of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth.
NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and [INSERT NAME AND ADDRESS OF SURETY] duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Contract and referred to in Title 15 of the Civil Code, in the penal sum of [INSERT WRITTEN AND NUMERICAL DOLLAR AMOUNT], lawful money of the United States, said sum being not less than one hundred (100%) of the estimated amount payable by the said City of Temecula under the terms of the Contract, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, or its heirs, executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for, or about the performance of the work under the Contract to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Chapter 7 of Title 5 of Part 4 of Division 3 of the Civil Code, and provided that the claimant shall have compiled with the provisions of said Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.
As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered.
15 08/06/2021
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the [INSERT DATE] of [INSERT MONTH], [INSERT YEAR]. (Seal)
SURETY
By:
(Name)
(Title)
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
Attach Notarial Acknowledgement or Jurat for both the Surety and Princi al Si natures 16 08/06/2021
Item No. 7
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: February 28, 2023
SUBJECT: Approve an Increase to the Professional Services Contingency Authorization for the Margarita Recreation Center Project, PW 17-21
PREPARED BY: Amer Attar, Engineering Manager
Nino Abad, Senior Civil Engineer
RECOMMENDATION: That the City Council:
1. Approve an increase to the contingency for professional services for the Margarita Recreation Center Project, PW 17-21 by $150,000; and
2. Increase the City Manager's authorized contingency by $150,000.
BACKGROUND: The Margarita Recreation Center (MRC), PW 17-21 is a Capital Improvement Program (CIP) project to design -build a new MRC building and pool to replace the old facility. Currently, the design phase is complete, the old MRC facility has been demolished, and the new MRC building and pool are under construction.
The new MRC will be approximately 8,600 square feet of indoor space including a classroom, multipurpose room with operable partition, dance/fitness room, kitchen, administrative/reception offices, lifeguard/aquatic and first aid rooms, locker rooms, and restrooms. The new center's outdoor facilities include multiple patio spaces and a 65'wide x 75' long pool with shallow depth entry, transitioning to a 9' maximum depth, with a 3/4 meter height diving board. An accessory structure for mechanical equipment related to the pool as well as additional storage is also included.
On February 26, 2019, the City Council approved an agreement for consultant services with NV5, Inc. in the amount of $880,365 and authorized the City Manager Extra Work Authorizations not to exceed the contingency amount of $88,036.50 for the project. The agreement generally included the development of preliminary design and bridging documents, bid support, design -build project management services, geotechnical inspections, special inspections, and construction management services.
On September 13, 2022 the City Council approved an increase of $80,000 to the City Manager's authorized contingency for additional design phase work, construction management services, and inspection services related to City requested increases to the project scope.
At this time various unforeseen circumstances, such as supply issues for critical electronic components, have increased the anticipated construction duration of the project which also increases the construction management and inspection effort.
Staff recommends an increase to the City Manager's authorized contingency in the amount of $150,000 for a total authorized contingency of $318,036.50.
FISCAL IMPACT: The Margarita Recreation Center project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2023-27 funded with Capital Financing, DIF (Park & Rec Improvements), and Measure S. There are sufficient funds in Account No. 210.265.692 to increase the authorized contingency by $150,000.
ATTACHMENTS: Project Description
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The Heart of Southern California
Wine Country
MARGARITA RECREATION CENTER
Infrastructure Project
Project Description: This project consists of the construction of a new recreation center in Michael "Mike" Naggar Community Park in place of the former YMCA building. The project includes the demolition of the existing building and pool, constructing a new building and pool as determined by a Community Needs Assessment and available budget. The Information Technology component includes camera system infrastructure, access control, Public Wi-Fi and other identified technology needs.
Benefit: This project will provide the City a new facility to meet the increasing demands of recreational programs.
Core Value: Healthy and Livable City
Project Status: Concept design completed in 2020. Design -Build to start in March 2021. Construction completion is anticipated in late 2022 and grand opening in early 2023.
Department: Public Works - Account No. 210.265.999.692 / PW17-21 Level: I
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
-,4
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
187,250
349,407
536,657
Construction
8,800,459 1,195,000
9,995,459
Construction Engineering
6,646
6,646
Design & Environmental
324,973
643,429 80,000
1,048,402
Information Technology
344,343
180,000 490,000
1,014,344
Total Expenditures
856,567
9,979,941 1,765,000
12,601,508
Source of Funds:
Capital Financing
6,405,000
6,405,000
DIF-Park & Rec Improvements
600,000
600,000
DIF-Police Facilities
137,000
137,000
Measure 5
1,636,773
2,057,735 1,765,000
5,459,508
Total Funding
i 8,041,773
2,794,735 1,765,000
12,601,508
Future Operating & Maintenance Costs:
Total Operating Costs 1 1 852,844 879,730 903,157 923,5511 Notes :
1. Operating & Maintenance costs reflect the staffing, utilities, landscaping, security and supplies costs associated with the operation of this new facility.
2. Capital Financing reflects the Temecula Public Financing Authority's 2018 Lease Financing arrangement which provides $6.4M in funding, with a term of 15 years at an interest rate of3.42%, repaid by the General Fund. 143
Item No. 8
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: February 28, 2023
SUBJECT: Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Mary Phillips Senior Center Outdoor Recreational Area Project, PW22-08 PREPARED BY: Avlin R. Odviar, Principal Civil Engineer
Shawna Bennetts, Associate Civil Engineer
RECOMMENDATION: That the City Council:
1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Mary Phillips Senior Center Outdoor Recreational Area Project, PW22-08; and
2. Make a finding that this project is exempt from NEPA per CFR 24, Section
58.34(a)(12), Categorical Exclusions; and
3. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines.
BACKGROUND: The Mary Phillips Senior Center Outdoor Recreational Area Project (Project) is an infrastructure project that will include the construction of an outdoor recreational area behind the Mary Phillips Senior Center.
The Project includes three shuffleboard courts, seating areas, shade structures, landscaping, irrigation, perimeter wrought -iron fence/gate, lighting, storage and refuse areas.
The plans and specifications are complete, and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office.
The Engineer's estimate of construction cost is $366,000 and estimate of construction duration is 30 working days (approximately 1.5 months).
The project is exempt from NEPA requirements pursuant to 24 Code of Federal Regulations, Section 58.34(a)(12), Categorical Exclusions. There are no circumstances which require compliance with any of the federal laws and authorities and the section sites the categorical exclusions listed in CFR 58.35(a). The project is an existing public facility that does not change in size or capacity.
This project is exempt from CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that minor additions to existing structures are Class I activities which are exempt from CEQA.
FISCAL IMPACT: The Mary Phillips Senior Center Outdoor Recreational Area Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2023-2027, as amended and is funded with Community Development Block Grant Corona Virus (CDBG- CV2) funds. Adequate funds are available in the project accounts.
ATTACHMENTS: 1. Project Description
2. Project Location
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111111 The Heart of 5out>�ornia
Wine Country
MARY PHILLIPS SENIOR CENTER OUTDOOR RECREATIONAL AREA
Infrastructure Project
Project Description: This project includes the design and construction of a multi -use outdoor recreational area adjacent to the Mary Phillips Senior Center. In addition, the heating, ventilation, and air conditioning (HVAC) units will be replaced. The multi -use outdoor recreational area could include a shuffleboard court and other court -based activities.
Benefit: This project supports healthy and active lifestyles by promoting recreation programs and facilities.
Core Value: Healthy and Livable City
Project Status: Design is complete and the project will be advertised for construction bids upon authorization by the City Council.
Department: Public Works - Account No. 210.265.999.796 / PW22-08 Level: II
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
Prior Years 2021-22 2022-23 Mid -Year 2022-23 2023-24 2024-25 2025-26 2026-27 Total Project Actuals I Adjusted Adopted Adjustment Budget Projected Projected Projected Projected Cost Project Cost:
Budget
Administration
50,000
50,000
50,000
Construction
480,894
32,774 513,668
513,668
Construction Engineering
25,000
25,000
25,000
Design & Environmental
75,000
75,000
75,000
Total Expenditures 630,894 32,774 663,668 663,668
Source of Funds:
CDBG-CV2 630,894 32,774 663,668 663,668
Total Funding 630,894 32,774 663,668 663,668
Future Operating & Maintenance Costs:
Total Operating Costs
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Item No. 9
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: February 28, 2023
SUBJECT: Accept Improvements and File the Notice of Completion for Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04 PREPARED BY: Amer Attar, Engineering Manager
Nino Abad, Senior Civil Engineer
RECOMMENDATION: That the City Council:
1. Accept the construction of the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04; and
2. Direct the City Clerk to file and record the Notice of Completion, release Performance Bond, and accept a one-year maintenance bond in the amount of 10% of the final contract amount; and
3. Release Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed.
BACKGROUND: On March 23, 2021, the City Council awarded a construction contract to Leonida Builders, Inc in the amount of $3,978,626.25 and authorized the City Manager to approve construction change orders not to exceed the contingency amount of $397,862.63 for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04. On April 12, 2022 the City Council authorized an increase to the authorized contingency and City Manager's authority to approve change orders by the amount of $600,000 for a total authorized contingency amount of $997,862.63.
The Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect, Project PW08- 04, constructed approximately one (1) mile of asphalt and concrete pedestrian and bicycle trail mainly along the southern bank of the Creek, between Ynez Road and Winchester Road (east of Diaz Rd). Construction consisted of improvements to existing Riverside County Flood Control and Water Conservation District maintenance roads with new undercrossing and retaining walls at Ynez Road, Interstate 15, and Jefferson Avenue.
Leonida Builders, Inc. has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one year from September 30, 2022, the date the City obtained `Beneficial use" of the project improvements. The retention for this project was released pursuant to the provisions of Public Contract Code 7107.
The base amount of the construction contract was $3,978,626.25. Five (5) contract change orders were issued in the amount of $924,056.56. This resulted in a total construction contract of $4,902,682.81.
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. Contractor's Affidavit and Final Release
3. Maintenance Bond
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:
Riverside County Flood Control and Water Conservation District (RCFCWD) and Caltrans are the owners of the properties hereinafter described. The City of Temecula is a licensed user of said RCFCWD property pursuant to a Master License Agreement for trail usage and a Specific Facility License Exhibit with RCFCWD. The City of Temecula is an authorized user of said Caltrans property pursuant to an encroachment permit and a Project Specific Maintenance Agreement with Caltrans.
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 Leonida Builders, Inc., 15821 Live Oaks Springs Road, Santa Clarita, CA 91387, to perform the following work of improvement:
Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04
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 February 28, 2023. That upon said contract Great American Insurance Company, 750 The City Drive South #470, Orange, CA ,92868 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:
Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04
6. The location of said property is: The southern bank of Santa Gertrudis Creek from Ynez Road to Winchester Road (east of Diaz Road)
Dated at Temecula, California, this 28' day of February, 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 28th day of February, 2023.
City of Temecula
Randi Johl, City Clerk
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for
SANTA GERTRUDIS PEDESTRIANIBICYCLE TRAIL EXTENSION AND INTERCONNECT PROJECT NO. PW08-04
This is to certify that Leonida Builders, Inc.
(hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repilir of that certain work of improvement known as SANTA
GERTRUDIS PEDESTRIAN/BIOYCLE TRAIL EXTENSION AND INTERCONNECT, PROJECT NO. PW08-04, situated in they of Temecula, State of California, more particularly described as follows:
Santa Gertrudis Pedestrian / Bicvcle Trail Extension and Interconnect
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:
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.
Dated: 02/13/2023
CONT OR:
By:
Signat re
Panagiotis Leonida- President, Secretary and Treasurer
Print Name and Title
RELEASE I R-1
2021-043
SURETY BOND REVIEW FORM
The attached surety bond(s) have been reviewed in the following amount(s):
PROJECT:
Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04
CONTRACTOR:
Leonida Builders, Inc.
SURETY
BOND
TYPE
BOND
NUMBER
BOND
AMOUNT
Great American Insurance Company
Maintenance
3704785
$490,268.28
The surety company is ® is not ❑ an admitted company in the State of California:
■ Financial Strength Rating: A+ XV
■ A.M. Best #: 002213
■ NAIC M 16691
■ CA Company ID #: 1301-1
Insurance Verified By:
Risk Management Division
Approved As to Form:
Peter M. Thorson, City Attorney
NOTES:
02/14/2023
Date
Date
- Accept Improvements and File the Notice of Completion scheduled for the 2/28/23 City Council Meeting
- Corporate document for sole signer attached
ISSUED IN TWO (2) ORIGINAL COUNTERPARTS
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO. 3704785
MAINTENANCE BOND
for
SANTA GERTRUDIS PEDESTRIANIBICYCLE TRAIL EXTENSION AND INTERCONNECT PROJECT NO. PWOS-04
KNOW ALL PERSONS BY THESE PRESENT THAT
LEONIDA BUILDERS, INC. -13651 SANTA ANA AVE., FONTANA, CA 92337 NAME AND ADDRESS OF CONTrRACTO
a CORPORATION (hereinafter called "Principal"), and
(fill in whether a Corporation; Partnership, or Individual) GREAT AMERICAN INSURANCE COMPANY 750 THE CITY DR. SOUTH #470. ORANGE, CA 928G8
NAME AND ADDRESS OF SURETY
(hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") In the penal sum of FOUR HUN0RE0HINETYTHOUSAN0TWO NNtlHCpGiKYVMtW2811DO DOLLARS AND CENTS ($ 490,208.28 ) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally; firmly by these presents.
THE CONDITION OF THIS, OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 31ST day of MARCH , 20 21 , a copy of which is hereto attached and made a part hereof for the construction of SANTA GERTRUDIS PEDESTRIANIBICYCLE TRAIL. EXTENSION AND INTERCONNECT, PROJECT NO. PW08-04.
WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 30th day of 5EPTE9M59R 2022 ,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the words done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain In full force and virtue, otherwise this instrument shall be void.
As a part of the obligation secured hereby and In addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred MAINTENANCE BOND MB-1
by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications.
Signed and sealed this 8TH day of FEBRUARY 2023
(Seal)
SURETY: GREAT A ERICAN INSURANCE COMPANY PRINCIPAL:
���►lltrrr�' .RIMS
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:gyp' :;, To
-
f�' ,4411d149���'�
N CHRISTIANSEN
Y-in-FACT
D AS TO FORM:
Peter M. Thorson, City Attorney
a
0 BUILDERS, INC.
►'� S INC
(Name) '�trrr�i�a��'►h�
(Title)
NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures.
MAINTENANCE BOND MB-2
GREAT AMERICAN INSURANCE COMPANYO
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 0 FAX 513-723-2740 The number of persons authorized by
this power of attorney is not more than FOUR
POWER OF ATTORNEY
No.O 20974
KNOW ALL MEN BY THESE PRESENT : That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under dis authority shall not exceed the limit stated below.
Name
PHILIP E. VEGA
KEVIN VEGA
BRITTON CHRISTIANSEN
MYRNA F. SMITH
Address
ALL OF
COVINA, CALIFORNIA
Limit of Power
ALL
$100,000,000
This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7TH day of FEBRUARY 2020 Attest GREAT AMERICAN INS:U LANCE COMPANY
Assistant Secrelary Divisional Senior Vice President
STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK ViCAaio (877-377-2405) On this 7TH day of FEBRUARY , 2020,before mepersonally appeared MARK VICARIO,tome known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so afLxed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
3M A. KOf101'8t
Notary Pllblo, 3hft af0W
My Cortlmislaloil EVk" *1i=
'9�a'-"_ a ')4�
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of GreatAmerican Insurance Company by unanimous written consent dated June 9, 2008.
RESOLVED: Thal the Divisional President the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contract: of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke ary such appointment at any time.
RESOLVEL FURTHER: That the Compare_.., seal and the signature of any of the afomsaidrifficerr aird any Secretary or Assistant Secretary of the Company may be gffixed bv, facsrmrle to arty pmver of attorney or ceri(care of either given for the execution of aril, bond, undertaking. call or other written obligation in the nature thereof: such s*gnaiura and seal when so aced being hereby adopted by the%Company as the n�t!'tt�rr rr 00 t b officer and the ❑rignral seal of the company, to be valid and binding upon the Company with the sanre farce and ej eci as though mwVF h 1,�8+� � C oil Q �f
••��E"�•��,�/P
CERTIFICATION
I, STEPHEN C_ BERAHA, Assistant Secretary of GreatAmerican insurance Company, do hereby certify that the lip •Pnr o�Ata y a►a[L the Resolutions of the Board of Directors of June 9, 2048 have not been revoked and are now in full force and effect. % O �' u
Signed and sealed this 8TH day of FEBRUARY 2023 'r j i!j •, ,
L1�, �
iaa ,7rJJ Jl t i Ill � p
Assistant Secretary
S1029AG (07/18)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is artached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of LOS ANGELES
On FEB 0 8 2023 bEfore me,
Date
Kevin Edward Vega, Notary Public
Here Insert Name and Title of the Officer
personally appeared Britton Christiansen, Attorney -in -Fact Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personjs� whose nameN is/arm subscribed to the within instrument and acknowledged to me that helske/flay executed the same in his/his/their authorized capacity(fesl and that by his/herfteix signature(, on the instrument the personNL or the entity upon behalf of which the personN acted, executed the instrument. `Y
KEVIN EDWARD 1—:GA
Notary Public • Cali-ornia
Los Angeles County
Commission p 2325181
Comm. Expires Apr 29, 2024
Place Notary Seal Abcve
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 o ' ial
Signature
Sig ttire of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent neat achment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Sigrer(s) Other Than Named Above:
Capacity(ies) Claimed by Signeres)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association - \-/ww.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and lot the truthfulness, accuracy, or validity of that document.
State of California 1
County of J}
On before me,FI�
ate r r 1jere Insert Name and Title of the Or
personally appeared '0 '
Name(s) of Signer(s)
who proved to me on the basis of sa.Isfactory 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. r_ KEKLLY
yf -
YANIRA ORELLANA
Notary Public - California
Los Angeles County
Commission n 2289476
My Comm. Expires May 20, 2023
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature — '_A�
gnature of Notary Public
OPTIONAL
Completing this %-►formation can deter alteration of the document or fraudulent reatbchment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:fl!/�ifL+
Document Date:' J'�" Number of Pages:
Signer(s) Other Than Named Abo•ie:
Capacity(ies) Clai ed by-Srgnels)
Si ner's Name: s ° �� Signer's Name:
Corporate Off cer — le( r r\Corporate Officer — Title(s):
❑ Partner — 0 Limited ❑ enerEl ❑ Partner — ❑ Limited ❑ Ge ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ A�}
❑ Trustee ❑ Guardiai or Conservator ❑ Trustee ❑
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
02018 National Notary Association
in -Fact
or Conservator
�F.ry
w 4 California Secretary of State
r Electronic Filing
A P
lFOR
Corporation - Statement of Information
Entity Name: LEONIDA BUILDERS, INC.
Entity (File) Number: C2985971
File Date:
03/19/2022
Entity Type:
Corporation
Jurisdiction:
CALIFORNIA
Document ID:
H344407
Detailed Filing Information
i
Secretary of State
State of California
1. Entity Name: LEONIDA BUILDERS, INC.
2. Business Addresses:
a. Street Address of Principal
Office in California: 15821 Live Oak Springs Canyon Rd
Santa Clarita, California 91387
United States of America
b. Mailing Address:
15821 Live Oak Springs Canyon Rd
Santa Clarita, California 91387
United States of America
c. Street Address of Principal
Executive Office:
15821 Live Oak Springs Canyon Rd
Santa Clarita, California 91387
United States of America
o
3. Officers:
a. Chief Executive Officer:
Panagiotis Leonida
co
15821 Live Oak Springs Canyon Rd
Santa Clarita, California 91387
United States of America
C:
N
b. Secretary:
Panagiotis Leonida
E
15821 Live Oak Springs Canyon Rd
U
Santa Clarita, California 91387
O
United States of America
0 Use bizfile.sos.ca.gov for online filings, searches, business records, and resources.
California Secretary of State
Electronic Filing
Officers (cont'd):
c. Chief Financial Officer:
4. Director:
Number of Vacancies on the Board of
Directors:
5. Agent for Service of Process:
6. Type of Business:
Panagiotis Leonida
15821 Live Oak Springs Canyon Rd
Santa Clarita, California 91387
United States of America
Panagiotis Leonida
15821 Live Oak Springs Canyon Rd
Santa Clarita, California 91387
United States of America
0 Panagiotis Leonida
15821 Live Oak Springs Canyon Rd
Santa Clarita, California 91387
United States of America
Construction
An Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code.
By signing this document, I certify that the information is true and correct and that I am authorized by California law to sign.
Electronic Signature: Panagiotis Leonida
Use bizfile.sos.ca.gov for online filings, searches, business records, and resources. 11W
Item No. 10
ACTION MINUTES
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
FEBRUARY 24, 2023
CALL TO ORDER at 6:50 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.
13. Approve Action Minutes of January 24, 2023
Recommendation: That the Board of Directors approve the action minutes of January 24, 2023.
14. Approve Fiscal Year 2022-23 TCSD Mid -Year Budget Adjustments Recommendation: That the TCSD Board of Directors adopt the following resolution entitled:
RESOLUTION NO. CSD 2023-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF
TEMECULA AMENDING THE FISCAL YEAR 2022-23 ANNUAL
OPERATING BUDGETS
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 6:52 PM, the Community Services District meeting was formally adjourned to Tuesday, February 28, 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. 11
ACTION MINUTES
JOINT TEMECULA PUBLIC FINANCING AUTHORITY AND
CITY COUNCIL MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
FEBRUARY 14, 2023
CALL TO ORDER at 6:52 PM: Chair/Mayor Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
TPFA / COUNCIL PUBLIC COMMENTS — None
TPFA / COUNCIL PUBLIC HEARING
15. Approve Issuance of Special Tax Bonds for Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 21 Recommendation: That the City Council/Board of Directors hold a public hearing relating to the proposed issuance of special tax bonds for the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2), and adopt the resolutions entitled:
RESOLUTION NO. 2023-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA MAKING FINDINGS WITH RESPECT TO AND
APPROVING THE ISSUANCE OF BONDS BY THE
TEMECULA PUBLIC FINANCING AUTHORITY
RESOLUTION NO. TPFA 2023-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS
FOR THE TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2), AND APPROVING
RELATED DOCUMENTS AND ACTIONS
Approved the Staff Recommendation (5-0): Motion by Brown, Second by Stewart. The vote reflected unanimous approval.
TPFA / COUNCIL EXECUTIVE DIRECTOR REPORT
TPFA /COUNCIL BOARD OF DIRECTORS REPORTS
TPFA / COUCNIL ADJOURNMENT
At 7:04 PM, the Joint Temecula Public Financing Authority and City Council meeting was formally adjourned to Tuesday, February 28, 2023 at 4:30 PM, for a Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
Zak Schwank, Chair/Mayor
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 12
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: February 28, 2023
SUBJECT: Adopt Ordinance Amending Title 5 and 17 of the Temecula Municipal Code Pertaining to Massage Establishment, Accessory Dwelling Unit, Car Wash, Flag Pole Height Limits, Conditional Use Permits, Parking Garage Standards, Open Space Zoning Designation, Live Entertainment, Alcoholic Beverage Manufacturer, and Active and Passive Recreation and Find that this Ordinance is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061 (b)(3)
PREPARED BY: Mark Collins, Assistant Planner
RECOMMENDATION: That the City Council adopt an ordinance entitled:
[on 13I.I_10Lai a0[�a
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 5 AND 17 OF THE
TEMECULA MUNICIPAL CODE, MAKING MINOR
REVISIONS TO MASSAGE ESTABLISHMENTS,
ACCESSORY DWELLING UNIT (ADU), CAR WASH, FLAG
POLE HEIGHT LIMITS, AND CONDITIONAL USE PERMITS
(CUP'S), ESTABLISHES PARKING GARAGE STANDARDS,
CLARIFIES PERMITTED USES IN THE OPEN SPACE
ZONING DESIGNATION, IMPLEMENTS THE PROVISIONS
OF THE LIVE ENTERTAINMENT ORDINANCE
(ORDINANCE NO. 2022-06) FOR PLANNED
DEVELOPMENT OVERLAY ZONES 4 AND 10, MODIFY THE
DEFINITION OF ALCOHOLIC BEVERAGE
MANUFACTURER, AND ADD DEFINITIONS FOR ACTIVE
AND PASSIVE RECREATION, AND FIND THAT THIS
ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
CEQA GUIDELINES SECTION 15061 (B)(3)
SUMMARY OF
ORDINANCE: The proposed ordinance would make amendments to Titles 5 and 17 of the Temecula Municipal Code. Listed below is a summary of the proposed changes to the
Municipal Code, each of which is discussed in greater detail in the analysis section, which follows:
1. Massage — Require all massage establishments to maintain telephone service capable of independent dialing and contacting of 911 emergency services.
2. Massage — Clarify the limits of the exemption provision regarding chair massage.
3. Clarify that Open Space "OS" and Open Space Conservation "OS-C" zoning designations permit specified passive recreation activities.
4. Modify Table 17.14.030 Schedule of Permitted Uses
5. Specific Plan (SP) Numbering — Update SP numbers
6. Update Planned Development Overlay 4 (PDO-4) to comply with Live Entertainment License (Ord. 22-06)
7. Update Planned Development Overlay 10 (PDO-10) to comply with Live Entertainment License (Ord. 22-06)
8. Accessory Dwelling Unit (ADU) Definition — Consolidate terms: guest house, and secondary dwelling unit.
9. Guest House — Clarify that ADU's will be used in place of Guest House and Secondary Dwelling Unit for residential accessory uses.
10. ADU Equipment and Separate Conveyance — Clarify that all utility equipment must be screened from public view and that ADUs may be separately conveyed under certain circumstances.
11. Conditional Use Permit (CUP) — Require physical posting of CUP's that permit the onsite consumption of alcohol.
12. Communication and Microwave Installations — Clarify that such uses are not an approved use in any Open Space or Open Space -Conservation Zoning designation.
13. Car Wash — Update the Supplemental Development Standards to further clarify the existing two hundred (200) foot separation from residential zones includes all noise generating equipment and areas of operation.
14. Alcoholic Beverage Manufacturers — Update definition to allow a single food truck as an accessory use, subject to Riverside County Ordinance No. 580.
15. Add definitions for Active and Passive Recreation.
16. Implement Parking Garage Standards — Implement specific requirements for the construction and safe operation of parking garages.
17. Flagpole Height — Add reference for flagpole height limits in commercial zones and clarify that there is a fifty (50) foot maximum height.
18. Modify Table 17.03.010 —Require all modifications to a CUP go before a public hearing (Directors Hearing) minimum.
19. Adult Oriented Business — Correct reference in Table 17.08.030 BACKGROUND: The City of Temecula City Council adopted the Municipal Code in January 1990. Since its adoption, the City Council has periodically made amendments to various sections of the Code to improve its clarity, make corrections and implement state law. The proposed amendments to the Temecula Municipal Code include amendments to Title 5 (Business Licenses and Regulations) and Title 17 (zoning).
Pursuant to Government Code Section 65800, the Planning Commission is required to review and make recommendations to the City Council regarding zoning regulations and amendments to Title 17 Zoning (Development Code) of the Temecula Municipal Code. The changes to Title 5 (Business Licenses and Regulations) of the Temecula Municipal Code of the proposed ordinance fall outside the purview of the Planning Commission, in that it is not an amendment to Title 17.
However, staff felt it was important for the Planning Commission to review these proposed changes as this proposed ordinance will place requirements on existing and future massage establishments throughout the City. The item was presented at a public hearing to the Planning Commission on November 16, 2022, and was recommended for adoption with a 4-0 vote.
City staff met with the City Council General Plan Update Ad Hoc Subcommittee on January 24, 2023. (Mayor Pro Tern James Stewart and Councilmember Jessica Alexander).
ANALYSIS
Outlined below is the explanation for the proposed amendments:
MassageOperations Section 5.22.080
Although every business operates with some risk involved, those risks are potentially exacerbated for businesses whose primary function is personal physical contact and body manipulation. Currently, there is no requirement for massage establishments to obtain or maintain a form of telephone service for contacting first responders in the event of an emergency. In effort to address the increased risk to these businesses, the proposed ordinance would require all massage establishments, including exempt massage establishments, to establish and maintain telephone service capable of dialing out to emergency services, specifically 911.
2. Massage — Exemptions Section 5.22.120
The proposed ordinance would clarify that although exempt from the maximum number of traditional massage establishments allowed by Chapter 5.22, all other requirements for massage establishments are applicable and enforceable to include CAMTC certification, and Police Department review. Additionally, the proposed ordinance clarifies that in no case shall a chair massage establishment transition or transfer to a traditional massage establishment. A new massage establishment permit shall be required.
3. Conservation District (OS-C) — Definition update 17.14.020 The proposed ordinance would specify that passive recreation uses are permitted within the OS-C district and clarifies that profit generating activities are not permitted on a more than temporary basis.
4. Permitted Uses — Open Space/Recreation/Conservation Table 17.14.030 The proposed ordinance would clarify that Bicycle Paths are a permitted use within the Open Space and Open Space -Conservation Zoning District.
5. Update Specific Plan Numbers — Approved Specific Plans Section 17.16.070 Update the list of approved specific plans with the correct previous specific plan numbers for Specific Plan No. 1 and Specific Plan No. 8. Additionally, it would add: Specific Plan No. 14 "Uptown Temecula" and Specific Plan No. 15 "Altair."
6. Live Entertainment — Planned Development Overlay District No. 4 Table 17.22.136B Ordinance 2022-06 "Live Entertainment" was passed unanimously by the City Council on April 15, 2022, and regulates live entertainment through the issuance of live entertainment licenses from the City. The proposed ordinance would modify Table
17.22.136B to require restaurants with a lounge or live entertainment to comply with the provisions of Chapter 17.10 Supplemental Development Standards, Chapter 9.10 Entertainment License and Chapter 9.11 Regulation of Private Security Operators.
Additionally, it would clarify that the restaurant must be a bona fide eating establishment and cannot including dancing.
7. Live Entertainment —Planned Development Overlay District No. 10 Table 17.22.216B Ordinance 2022-06 "Live Entertainment" was passed unanimously by the City Council on April 15, 2022, and regulates live entertainment through the issuance of live entertainment licenses from the City. The proposed ordinance would modify Table
17.22.216B to require restaurants with a lounge or live entertainment to comply with the provisions of Chapter 17.10 Supplemental Development Standards, Chapter 9.10 Entertainment License and Chapter 9.11 Regulation of Private Security Operators.
Additionally, it would clarify that the restaurant must be a bona fide eating establishment and cannot including dancing.
8. Definition Consolidation — "Accessory Dwelling Unit" 17.23.010 This ordinance would consolidate the definition of guest house and secondary dwelling units into the single definition of Accessory Dwelling Unit (ADU). These secondary and guest dwellings were a permitted by right accessory land use to most residential districts.
With the adoption of ADU laws over recent years, the definitions have begun to overlap and differ in key areas causing confusion among citizens, renters, and developers.
Consolidating residential habitable accessory structures into the new ADU definition, expands the potential to develop residential units within the City ensuring that the additional units constructed are counted toward Temecula's Regional Housing Needs Allocation (RHNA).
9. Guest House — Remove Guest House as an approved residential use Table 17.06.030 and
17.06.050(A)
The proposed ordinance removes Guest House as an approved accessory residential land use. With the implementation of ADU laws in recent years there is a need to consolidate these new uses with existing uses to prevent any conflicts. This will be accomplished by using the ADU definition across all accessory residential uses and removing "guest house" and "secondary dwelling unit" as permitted land uses and, in its place, using ADU's. These ADU's come with added benefits to the applicant by expanding the properties able to construct such a unit and in reduced fees, along with easing of development standards. Additionally, this change would ensure that the additional units constructed are counted toward Temecula's Regional Housing Needs Allocation (RHNA).
10. Equipment Screening and Separate Conveyance — Accessory Dwelling Unit Section
17.23.050.
The proposed ordinance would clarify that all utility equipment, including window equipment such as air conditioning units or swamp coolers must be screened from the public right-of-way. Furthermore, in accordance with AB-345, the proposed ordinance allows separate conveyance of an ADU subject to specific requirements and recorded covenants/restrictions.
11. On site posting of Conditional Use Permits —Conditional Use Permit Section 17.04.010 The proposed ordinance would require the physical posting of all Conditional Use Permits that include onsite alcohol consumption to include all conditions of approval and must be presented to law enforcement or city staff upon request.
12. Communication Uses — Table 17.14.030
The proposed ordinance would clarify that Communication and Microwave Installations are not permitted in any Open Space Zoning District.
13. Separation Clarification — Supplemental Development Standards Section 17.10.020 The proposed ordinance would clarify that the existing two hundred (200) foot separation of car wash businesses from residential districts is to include separation from: vacuum equipment, vehicle drying units, air compressors, electric or hydraulic/pneumatic motors, parking aprons and drive isles. The 200-foot separation is from all car wash equipment to the residentially zoned property line.
14. Definition Clarification —Alcoholic Beverage Manufacturing Section 17.34.010 The proposed ordinance would modify the definition of "alcoholic beverage manufacturing" to allow the existing approved accessory uses to include 1 (one) mobile food facility or "food truck" at a permitted alcohol beverage manufacturing establishment, subject to the requirements of Riverside County Ordinance 580.
15. Add Passive and Active Recreation Definition —Definitions 17.34.010 The proposed ordinance would add definitions for active and passive recreational uses.
This change is necessary to clarify what activities are permitted or restricted in open space zoning districts.
16. Parking Garages — Implement Standards for Parking Garages The proposed ordinance would add standards for parking garages. These standards aim to apply what the City has learned regarding parking garages to ensure safe, efficient, and secure parking garages.
17. Flagpole height— Exempt Signs — 17.28.050
The proposed ordinance would add a reference to the height limit for flag poles specified in Section 17.08.050(H), which is fifty (50) feet. Additionally, would amend section
17.28.050 which has an erroneous height limit of seventy-five (75) feet.
18. Planning and Zoning Approval Authority— Table 17.03.010 The proposed ordinance would amend Table 17.03.010 to require all modification applications to CUP's go before a public hearing. Currently minor modifications can be approved ministerially.
19. Adult Oriented Businesses — Correct a reference in Table 17.08.030 The proposed ordinance would correct the internal Municipal Code reference for adult businesses to prevent future confusion surrounding adult -oriented businesses.
FISCAL IMPACT: The proposed Ordinance does not have a direct fiscal impact, if adopted.
ATTACHMENTS: 1. Ordinance
2. Planning Commission Resolution No. 2022-34
3. Notice of Public Hearing
4. Notice of Exemption
ORDINANCE NO.2023-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLE 5 AND 17 OF THE
TEMECULA MUNICIPAL CODE, MAKING MINOR
REVISIONS TO MASSAGE ESTABLISHMENTS,
ACCESSORY DWELLING UNIT (ADU), CAR WASH, FLAG
POLE HEIGHT LIMITS, AND CONDITIONAL USE
PERMITS (CUP'S), ESTABLISHES PARKING GARAGE
STANDARDS, CLARIFIES PERMITTED USES IN THE
OPEN SPACE ZONING DESIGNATION, IMPLEMENTS
THE PROVISIONS OF THE LIVE ENTERTAINMENT
ORDINANCE (ORDINANCE NO. 2022-06) FOR PLANNED
DEVELOPMENT OVERLAY ZONES 4 AND 10, MODIFY
THE DEFINITION OF ALCOHOLIC BEVERAGE
MANUFACTURER, AND ADD DEFINITIONS FOR ACTIVE
AND PASSIVE RECREATION, AND FIND THAT THIS
ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT
TO CEQA GUIDELINES SECTION 15061 (B)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that:
A. City staff identified the need to make minor revisions and clarifications to portions of Title 5 (Business Licenses and Regulations), and Title 17 (Zoning) of the Temecula Municipal Code.
B. As required by State law, the Planning Commission considered the proposed amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Code Amendments") on November 16, 2022, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter.
C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Planning Commission Resolution No. 2022-34, recommending that the City Council approve the Code Amendments.
D. The City Council, at a regular meeting, considered the Ordinance on January 24, 2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter.
E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.
Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:
1. The proposed uses are allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan.
Except for the amendments pertaining to the Open Space (OS) and Open Space - Conservation (OS-C) Zoning districts, none of the proposed Code Amendments change the types of uses allowed in City. The Code Amendments clarify that communication and microwave installation are not permitted uses in the OS-C zoning designation but that bicycle paths are a permitted use in the OS and OS-C Zoning districts. The Code Amendments also clarify that OS and OS-C Zoning districts allow passive recreational uses and defines passive and active recreation. These uses are consistent with the Open Space land use designation.
2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan.
The proposed changes to Title 17 conform with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed changes allow for the separate conveyance of an ADU as well other revisions to ADU regulations is consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan, which is to ensure "Orderly, and efficient patterns of growth that enhance quality of life for Temecula residents." As a relatively new home product type, ADU's further Policy 2.5 of the Growth Management/Public Facilities element of the General Plan that states, "Encourage new development that helps create and maintain a balance between jobs and housing opportunities." The proposed changes to specifically allow bike paths in the OS and OS-C zoning districts are consistent with Goal 8 of the Open Space/Conservation Element of the General Plan, which is to ensure "Development of a trail system that serves both recreational and transportation needs." The proposed changes to PDO 4 and 10 to expressly provide that restaurants with live entertainment must comply with the Entertainment License and Private Security Operator requirements of the Municipal Code are consistent with Goal 3 of the Noise Element of the Temecula General Plan, which is to "Minimize the impact of noise levels throughout the community through land use planning." The proposed addition of parking garage standards is consistent with Goal 7 of the Circulation Element of the General Plan which is to ensure "An adequate supply of private and public parking to meet the needs of residents and visitors to the City." The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and a correction of typographical edits and do not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan.
3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. 2 The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments do not create or allow new uses where they were not previously allowed. Only the revisions to the Open Space -Conservation (OS-C) and Open Space (OS) Zoning districts impact the use of land.
The Code Amendments clarify that communication and microwave installation are not permitted uses in the OS-C zoning designation but that bicycle paths are a permitted use in the OS-C and OS Zoning districts. The Code Amendments also clarify that OS and OS-C Zoning includes passive recreational uses and defines passive and active recreation. These uses are consistent with the types of uses permitted in the OS-C Zoning district.
Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Code Amendments would have a significant impact on the environment. The Code Amendments impose regulations on existing uses, but do not increase the intensity or density of any land use or allow any development where it was not otherwise permitted. The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments do not create or allow new uses where they were not previously allowed. Only the revisions to the Open Space (OS) and Open Space -Conservation (OS-C) Zoning districts impact the use of land. The Code Amendments clarify that communication and microwave installation are not permitted uses in the OS-C zoning designation but that bicycle paths are a permitted use. The Code Amendments also clarify that OS and OS-C Zoning includes passive recreational uses and defines passive and active recreation. These uses are consistent with the types of uses permitted in the OS and OS-C Zoning districts and, therefore, will not have an impact on the environment. The City Council hereby directs that a Notice of Exemption be filed in accordance with CEQA and the State CEQA Guidelines.
Section 4. Subsection A.7 of Section 5.22.120 (Exemptions.) of Chapter 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Section 5.22.120 remaining unchanged:
"7. Chair massage," i.e., massage of the body from the waist up, to a person seated in a chair, provided that the massage is performed in an area that is within public view; a. Chair massage businesses are exempt from the maximum number of massage establishments as specified in Section 5.22.050 of this chapter. b. All other requirements of this chapter are applicable to all chair massage businesses except those items that are expressly not deemed applicable to chair massage businesses as determined by the Chief of Police in written form. c. In no case will a chair massage business be eligible to convert their existing business into a traditional massage establishment. A new massage business license would be required."
3 Section 5. Subsection "27"
Subsection B (Operations) of Section
massage establishments.) of Chapter
(Business License and Regulations) of
additions appearing in underlined text),
unchanged:
(Emergency Communication) is hereby added to
5.22.080 (Requirements applicable to the operation of
.22 (Massage and Massage Establishments) of Title 5
the Temecula Municipal Code to read as follows (with
with all other provisions of Section 5.22.080 remaining
27. Emergency Communication. Each massage establishment shall have and maintain a dedicated telecommunication device physically at the business location with an assigned telephone number capable of receiving incoming calls and dialing out to emergency services, specifically. 9
Section 6. Subsection "C" (Conservation District (OS-C)) of Section 17.14.020 (Open space/recreation districts.) of Chapter 17.14 (Open Space/Recreation/Conservation Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.14.020 remaining unchanged:
"C. Conservation District (OS-C). The conservation zoning district is intended for those lands that should remain in a natural state as much as feasible without intrusions from active recreational uses. Improvements may be made to these areas to allow for passive recreational uses or for control of erosion, geologic stability, or other public safety purposes. The construction of buildings or other habitable structures is not permitted. No profit -generating activities are intended for this zoning district on more than a temporary basis."
Section 7. Table 17.14.030 (Schedule of Permitted Uses — Open Space) of Section
17.14.030 (Use regulations.) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.14.030 remaining unchanged:
Table 17.14.030
Schedule of Permitted Uses —Open Space
Schedule of Uses
PR
OS
OS-C
OS-C-SM
Agricultural uses
-
C
C
-
Athletic field
P
-
-
-
Bicycle paths
P
P E
P E
-
Campground
C
-
-
-
Caretakers quarters
C
C
C
-
Cemeteries, mausoleums and related uses
C
C
-
-
Communications and microwave installations}
-
-
Table 17.14.030
Schedule of Permitted Uses —Open Space
Schedule of Uses
PR
OS
OS-C
OS-C-SM
Flood control structures
C
C
C
C
Game courts, badminton, tennis, racquetball
P
C
-
-
Golf driving range not part of a golf course
C
C
-
-
Golf course and clubhouse
C
C
-
-
Golf course resort (including accessory visitor supporting accommodations and commercial uses, such as hotels,
fractional ownership units, day spa, restaurants and
conference center)
C
-
Government and public utility facilities
C
C
C
C
Gymnasium
C
-
-
-
Commercial marijuana activities
-
-
-
-
Marijuana cultivatioel
-
-
-
-
Nature centers/exhibits
P
C
C
-
Nurseries
-
C
-
-
Outdoor exhibits
P
P
P
-
Picnic group facilities
C
C
-
-
Private parks and recreation facilities
P
C
-
-
Parking areas
C
C
C
-
Public parks and recreation facilities
P
C
-
-
Recreational vehicle park
-
C
-
-
Riding stable, public or private
C
C
C
-
Shooting galleries, ranges, archery courses
-
C
-
-
Single-family dwellings (1 unit per 40 acres)
-
P
C
-
Tree farms
-
C
-
-
Note:
}. 411 development ..td1 eet tR Nho ..a...,,1..rds seat 4- -A-h i.. Seeation 17.06.080. 2�1. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code.
Section 8. Section 17.34.010 (Definitions and illustrations of terms.) of Chapter 17.34 (Definition of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.34.010 remaining unchanged:
LG Aeeessory dwelling ))
fneans an a4taehed or- detaehed r-esiden4ial dwelling unit on -a lot with an existing single family r-esidenee (primary r-esidenee) that provides eomplet-e independent living f6eilities for- one or- mor-e per -sons. 14 shall ineltide pel:fflanent 7 sleeping, eating, 7
and sanitation on the same par -eel that
single family dwelling is situated. "Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code section 65852.2. as the same may be amended from time to time. "Accessory dwelling unit" includes an "Efficiency Unit" as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007.
"Alcoholic beverage manufacturing" means an establishment that produces or manufactures alcoholic beverages and is licensed by the Department of Alcoholic Beverage Control of the State of California. These types of establishments may: (1) sell alcohol that is produced or manufactured on the alcoholic beverage manufacturer's licensed premises for on -sale or off -sale consumption; (2) include accessory uses such as tours, specialty dinners, food pairings, retail sales, and/or on -site consumption; and (3) include tasting rooms. Typical uses include breweries, distilleries and wineries. uses may include one (1) "mobile food facilitv." sometimes referred to as a "food truck," as defined by Riverside County Ordinance 580, as may be amended from time to time. Said mobile food facility shall be subject to and required to comply with the provisions of all City, County, State, and Federal regulations applicable to mobile food facilities and maintain all current licenses, insurance, permits and/or approvals required from such regulations and presented to law enforcement or city staff upon request.
"Guest house" means an additional st,..,, tur-e t .,pFimar-yeside ee en a par -eel zoned for - single
sink,detaehed, but shall not be utilized as an aeeesser-y dwelling unit, and shall n0t eeRtain provisions for- the -preparation of food, eeeking, f4eilities or- wet ban A guest house not exeeed ene thousand vy�,e hundred squaFe fiaet in area and shall eentain a bathr-own with a toilet, •
shall have the same definition as "Accessory Dwelling Unit" or "ADU." "Recreation Uses. Active" means the tvnical recreational activities that are offered in a developed community park, such as baseball, soccer and pickleball as well as swimming,. camping, marinas, health resorts and retreat centers that offer similar activities in an indoor setting. These uses reauire considerable nhvsical infrastructure and are dependent upon significant utilities to operate.
"Recreation Uses, Passive" means low intensity outdoor activities such as walking hiking, bicycling, picnicking, nature education and bird watching. These uses do not require substantial infrastructure and require little to no utilities to operate.
Section 9. Section 17.16.070 (Approved Specific Plans) of Chapter 17.16 (Specific Plan Zoning District (SP-)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text):
The following specific plans have been approved by the city and are designated on the official zoning map of the city:
SP-1 Roripaugh Estates
(previous reference: SP No. 44-9164)
SP-2 Rancho Highlands
(previous reference: SP No. 180)
SP-3 Margarita Village
(previous reference: SP No. 199)
SP-4 Paloma del Sol
(previous reference: SP No. 219)
SP-5 Old Town
SP-6 Campos Verdes
SP-7 Temecula Regional Center
SP-8 Village
SP-9 Redhawk
SP-10
Vail Ranch
SP-11
Roripaugh Ranch
SP-12
Wolf Creek
SP-13
Harveston
SP-14
Uptown Temecula
CP-1 i Altair
(previous reference: SP No. 1)
(previous reference: SP No. 263)
(superseded by SP-15)
(previous reference: SP No. 217)
(previous reference: SP No. 223)
Section 10. Table 17.22.136B (Schedule of Permitted Uses) of Section 17.22.134 (Use regulations.) of Article V (Temecula Creek Village Planned Development Overlay District-4) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO-)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.22.136B remaining unchanged:
Table 17.22.136B
Schedule of Permitted Uses
Temecula Creek Village Planned Development Overlay District-4- Description of Use
PDO-
4R
PDO-
4V6
R
Radio and broadcasting studios, offices
P
-
Radio/television transmitter
-
-
Recreational vehicle park
-
-
Recreational vehicle sales
-
-
Recreational vehicle, trailer, and boat storage within an enclosed building
Recreational vehicle, trailer and boat storage -exterior yard -
-
Recycling collection facilities
-
-
Recycling processing facilities
-
-
Religious institution, without a day care center or educational institution
C
-
Religious institution, with an educational institution
C
-
Religious institution, with a day care center
C
-
Residential (one dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business) Residential, multiple -family housing
-
-
Restaurant with drive -through window
-
-
Restaurants and other eating establishments
(with or without the sale of beer and wine)
P
P4
Restaurants and other eating establishments
(with the sale of beer, wine and distilled spirits)
_
C4
Restaurant (bona fide public eating establishment) with lounge or live entertainment (not including dancingf ,g
_
0 Retail support use (15 percent of total development square footage in BP and LI)
Rooming and boarding houses
-
-
Notes:
1. The CUP will be subject to Section 17.10.020(B) special standards for the sale of alcoholic beverages.
2. Subject to the requirements of Chapter 17.40 of the Temecula Municipal Code.
3. In PDO-4, all senior housing residential projects shall use the development and performance standards for the high density residential zone and the provisions contained in Section 17.06.050(H).
4. The size of the use or activity is limited to 5,000 square feet.
5. Outdoor entertainment in conjunction with an eating establishment is permitted provided that the outside noise levels do not interfere with off -site conversation.
6. Drive through facilities are not allowed in the village planning area.
Retail/support commercial planning area is identified as PDO-4R.
Village commercial planning area is identified as PDO-4V.
Multifamily planning areas A and B use the high density column in Table 17.06.030.
7. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
8. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private SecuritOperators)
Section 10. Table 17.22.216(B) (Schedule of Permitted Uses) of Section 17.22.216 (Use regulations.) of Article XI (Temecula Education Center Planned Development Overlay District -10) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO-)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.22.216(B) remaining unchanged:
Table 17.22.216(B)
Schedule of Permitted Uses
Temecula Education Center Planned Development Overlay District-10 Description of Use
PDO-10
R
Radio and broadcasting studios, offices
P
Recycling collection facilities
C
Religious facilities
P
Religious institution, with a daycare center
P
Religious institution, with an educational institution
C
Religious institution, without a daycare center or educational institution C
Residential, multiple -family housing
P
Residential -senior housing
C
Restaurants and other eating establishments
P
Restaurants (bona fide public eating establishment) with lounge or live entertainment (not includingdancing) ancing)114
C
Notes:
1. The CUP will be subject to Section 17.10.020(B), special standards for the sale of alcoholic beverages.
2. Subject to citywide antenna standards.
3. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
4. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private Security perators) Section 11. Section 17.23.020 (Definitions.) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Section 17.23.020 remaining unchanged:
"Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code section 65852.2, as the same may be amended from time to time. Accessory dwelling unit includes an ` Efficiencv Unit" as defined in Health and Safetv Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007.
Section 12. Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Table 17.06.030 remaining unchanged:
17.06.030 Use regulations.
The list of land uses on Table 17.06.030 shall be permitted in one or more of the residential zoning districts as indicated in the columns corresponding to each residential zoning district.
Where indicated with a letter "P" the use shall be a permitted use. Where indicated with a "-," the use is prohibited within the zone. A letter "C" indicates the use shall be conditionally permitted subject to the approval of a conditional use permit.
Description of Use
Residential
Single-family detached
Duplex (two-family dwellings)
Single-family attached (greater than two
units)
Multifamily
Manufactured homes
Mobilehome park
Facilities for the mentally disordered,
disabled, or dependent or neglected children
(six or fewer)
Facilities for the mentally disordered,
disabled, or dependent or neglected children
(seven to twelve)
Alcoholism or drug abuse recovery or
treatment facility (six or fewer)
Alcoholism or drug abuse recovery or
treatment facility (seven or more)
Residential care facilities for the elderly (six
or fewer)
Residential care facilities for the elderly
(seven or more)
Residential care facilities (six or fewer)
Residential care facilities (seven or more)
Congregate care residential facilities for the
elderly,
Boarding, roomine and lodeine facilities
r_, e
Family day care homes —small and
Table 17.06.030
Residential Districts
HR
RR
VL
I L-
1 L-
2 LM
M
H
HR-SM9
P
P
P
P
P
P
P
-
P
2,13
2,13
_2,13
P13
P13
_
-
-
-
-
-
P
P
P
-
P13
P13
_
P
P
P
P
P
P
P
P
P
-
-
C,
C
C
C
C
C
-
P
P
P
P
P
P
P
P
P
C
C
C
C
C
C
P
P
C
P
P
P
P
P
P
P
P
P
C
C
C,
C
C
C
P
P
C
P
P
P
P
P
P
P
P
P
C I C I C I C I C I C I P I P I C
�0000000�
10 Day care centers
C
C
C
I C
I C
C
I C
I C
C
Bed and breakfast establishments,
C
C
C
C
C
C
C
C
C
Emergency shelters
C
C
C,
C
C
C
P
P
C
Transitional housings
p
p
p
p
p
p
p
p
p
Supportive housing,
p
p
p
p
p
p
p
p
p
Efficiency units
-
-I
-
I -
I -
I -
I P
P
-
Notes:
1. Subject to the provisions of Section 17.06.050(I) of this chapter.
2. A duplex or two-family dwelling may be permitted on corner lots with a planned development overlay pursuant to the provisions of Chapter 17.22 of this title.
3. Subject to the provisions of Section 17.24.020(D)(2) of this title.
4. meowed only with a single family residenee. Subject to the provisions of Chapter 17.23 of this code.
5. The director of planning shall have the discretion to waive submittal of an administrative development plan, if it is determined that the construction trailer will not have an adverse impact on adjacent residences or businesses.
6. Subject to the supplemental development standards contained in Chapter 17.10 of this title.
7. Not used.
8. These uses are not permitted within the Nicolas Valley rural preservation area, as identified in Figure LU-5 of the land use element of the general plan.
9. Development within the HR-SM zoning district is subject to Section 17.06.080, Hillside development standards.
10. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code.
11. Legal nonconforming single-family residences will be permitted to construct accessory dwelling units if they meet the requirements of this Section 17.06.050(L).
Section 13. Table 17.06.050A (Accessory Structures Setbacks for the HR, RR, VL, L- 1, L-2, LM, M and H Zoning Districts) of Section 17.06.050 (Special use standards and regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text) with all other provisions of Table 17.06.050A remaining unchanged:
Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts
Accessory Structure Front Yard Rear Yard Interior Side Yard' Carports Not permitted 5 ft. min. for support 5 ft. min. for support columns columns
11 Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts
Accessory Structure
Front Yard
Rear Yard
Interior Side Yard'
Detaehed house
Not pefmitted in the
Refer- to the r-ear- yard—
RefeF to the side yard
guest
,.tu l front .., f 4
sethaeks +'.ai
Table 17 !lam 0 0
e+�cthae sin
Table 17 06 nnn
Garage
20 ft. (Entrance faces
5 ft. min., but no less than
5 ft. min.
street)
15 ft. from centerline of
10 ft. (Entrance from side
alley
not facing front yard)
Storage/utility enclosure
Not permitted
3 ft.
3 ft.
Swimming pool'
Not permitted'
5 ft. to water's edge
5 ft. to water's edge
Swimming pool
Not permitted3
3 ft.
3 ft.
equipment
Spa
Not permitted,
3 ft. to water's edge
3 ft. to water's edge
Antennas
Not permitted
5 ft.
5 ft.
Gazebo/garden structure
Not permitted
5 ft.
5 ft. if interior side yard
10 ft. if street side yard on
corner lot
Solar collector (ground
Not permitted in front
10 ft. 0 in.
10 ft. 0 in.
mounted)
yard
Decks (not to exceed 36
Not permitted
5 ft. min.
5 ft. min.
inches above the round)
Roof decks
Must meet district development standards (i.e. setbacks, height, lot covera e, etc.)
Patio covers measured at
15 ft.
5 ft. min.
5 ft. min.
vertical supports
Notes:
1. On a corner lot, accessory structures are not permitted, unless otherwise noted above.
2. Accessory structures with walls must be separated from other accessory and primary structures by at least six feet.
3. Swimming pools, spas and pool and spa equipment in the VL, RR and HR zoning districts may be located in the front yards as outlined in Section 17.06.050(E).
Section 14. Table 17.22.116 (Schedule of Permitted Uses) of Section 17.22.116 (Use regulations) of Article III (Margarita Road Planned Development Overlay District-2) of Chapter
17.22 (Planned Development Overlay Zoning District (PDO-)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Table
17.22.116 remaining unchanged:
12 Table 17.22.116
Schedule of Permitted Uses
Margarita Road Planned Development Overlay District-2
Description of Use
PDO-2
Residential
Accessory Dwelling Unit (ADU)
Single-family detached
P1
Duplex (two-family dwellings)
P'
Single-family attached (greater than two units)
P
Multiple -family
P
Manufactured homes
P
Mobilehome park
-
Facilities for the mentally disordered, disabled or dependent or neglected children (six or fewer)
P
Facilities for the mentally disordered, disabled or dependent or neglected children (seven to twelve)
P
Alcoholism or drug abuse recovery or treatment facility (six or fewer) P
Alcoholism or drug abuse recovery or treatment facility (seven or more) P
Residential care facilities for the elderly (six or fewer) P
Residential care facilities for the elderly (seven or more) P
Congregate care residential facilities for the elderly
P
Boarding, rooming and lodging facilities
C
Seeondafy dwelling units
Guest
Family day care homes —small
P
Family day care homes —large
P
Day care centers
C
Bed and breakfast establishments
-
Emergency shelters
P
Transitional housing
P
Notes:
13 1. Detached residential or zero lot -line units, duplexes and two-family dwellings are permitted only with the approval of the planning commission.
2. Subject to the provisions of Section 17.24.020(D)(2).
3. Allowed only with a single—family r-esidenee. Subject to the provisions of Chapter 17.23 of this code.
4. The community development director shall have the discretion to waive submittal of an administrative development plan if it is determined that the construction trailer will not have an adverse impact on adjacent residences or businesses.
Section 15. Section 17.23.050 (ADU standards.) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.050 remaining unchanged:
17.23.050 ADU standards.
Except those ADUs approved pursuant to Subsection 17.23.030, ADUs shall comply with the following standards:
A. Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing primary dwelling that is zoned residential.
B. Development Standards.
1. Size Restrictions. If there is an existing primary dwelling, an attached ADU shall not exceed fifty percent of the gross floor area for the primary dwelling. An attached ADU that is proposed with a new primary dwelling shall not exceed one thousand two hundred square feet in floor area. A detached ADU shall not exceed one thousand two hundred square feet in floor area. In no case shall an ADU be less than an "efficiency unit" as defined in Section 17958.1 of Health and Safety Code with respect to square footage.
2. Height Restrictions. An ADU shall not exceed sixteen feet in height.
3. Transfer. An ADU shall not be sold, transferred, or assigned separately from the primary dwelling, but may be rented. The ADU shall not be used for short-term rentals for less than thirty-one days.
4. Setback. No setback shall be required for an ADU that is within an existing structure or new ADU that is constructed in the same location and with the same dimensions as an existing structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet. An ADU shall comply with all required front yard setbacks otherwise required by the municipal code.
5. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage regulations would not permit construction of an eight hundred square foot ADU that is sixteen feet in height with four -foot side and rear yard setbacks.
6. Historic Resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the "Secretary of the Interior's Standards for the 14 Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or specific plans that pertain to historic resources.
C. Design and Features.
1. Design. The ADU shall have the same design, architecture, colors and materials of the primary dwelling, and shall comply with any objective design standards adopted by the city that are applicable to the zoning district or specific plan area where the ADU is located.
2. Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required for the primary dwelling.
3. An ADU shall have a separate exterior access.
4. All utility equipment to include window mounted cooling/heating equipment must not be visible from the public right-of-way.
D. Covenant Required. The property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (1) the ADU is to be rented only for terms of thirty days or longer; and (2) the ADU is not to be sold or conveyed separately from the primary dwelling except in conformity with Government Code Section 65852.26. Proof of recordation of the covenant shall be provided to the city before the city finals the building permit.
E. Parking Requirements.
1. In addition to the off-street parking space(s) required for the primary dwelling, one off- street parking space shall be provided for each ADU, except when:
a. The ADU is located within one-half mile walking distance of public transit; b. The ADU is located within an architecturally and historically significant historic district;
c. The ADU is part of a proposed or existing primary dwelling or accessory structure; d. The ADU is located in an area where on -street parking permits are required but not offered to an ADU occupant; or
e. The ADU is located within one block of a city -approved and dedicated parking space for a car share vehicle.
2. When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.
Section 16. A new Subsection "K" is hereby added to Section 17.04.010 (Conditional Use Permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, (with additions appearing in underlined text) with all other provisions of Section
17.04.010 remaining unchanged:
15 K. "All Conditional Use Permits that include the onsite consumption of alcohol, shall be physically_ posted on site in a conspicuous manner viewable to customers, patrons or guests and presented upon request to any Law Enforcement or City Staff authorized to enforce this Chapter. The posting shall include the approval letter, Conditions of Approval, and approved site plan. "
Section 17. Subsection G (Car Washes) of Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Section 17.23.050 remaining unchanged:
G. Car Washes. A conditional use permit shall be required for all full -service or self-service car washes within the commercial districts. Car washes shall comply with the following criteria:
1. Such businesses shall be located at least two hundred 200 feet from any residentially zoned district property line. That distance shall be measured in a straight line regardless of ahvsical encumbrances. and shall be inclusive of all:
a. Vacuum equipment;
b. Vehicle dryer or blower units;
c. Air compressors and hydraulic, electric, or pneumatic motors; d. Parking areas; and
e. Drive or queuingisles.
sles.
2. Wash bays and vacuum areas shall be screened from public view.
3. Regular monitoring of the facility by an attendant shall be provided during business hours to control noise, litter, and other nuisances.
4. Hours of operation shall be limited to seven a.m. to ten p.m., unless otherwise specifically established as a condition of approval. Automatic shut-off of water and electrical systems, except for security and fire protection, shall be provided during non - business hours.
Section 18. A new Subsection "T" (Parking Garage Standards) is hereby added to Section 17.10.020 (Supplemental Development Standards) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, (with additions appearing in underlined text) with all other provisions of Section
17.10.020 remaining unchanged:
"T. Parkin Garages. All parking_ garages shall be designed in a manner that incorporates the following requirements:
1. Elevators
a. Elevators should be oriented to adjacent streets, when possible. b. Elevators shall have glass backs and be glass enclosed with a minimum of 75% visibility.
c. When it is impossible for glass backed elevator or glass enclosed elevator, an active video surveillance system shall be required within the elevator and adjacent to elevator entrances.
16 2. Stairwells
a. Stairwells shall provide internal and external visibility, with a minimum of 75% transparency.
b. Stairwells should be oriented to adjacent streets, when possible. c. Stairwell walls shall be made of glass and/or have exterior openings where the stairwell is open and visible to the exterior
d. Stairwell door use should be minimized; but when utilized, one third of the door must be made of clear durable glass to encourage transparency and safety.
Sample Image of Glass Enclosed Elevator and Open Stairwell
3. Security fencing
a. Securitv fencing shall be installed below stairwells to eliminate unauthorized access. Fencing shall be compatible with the design of the parking structure; no chain link fencing of any kind is permitted.
4. Safety
a. Emergency Call boxes shall be conspicuously dispersed throughout parking garages, with a minimum of one call box on each level. Additional call boxes may be required at the discretion of the Chief of Police or Director of CommunitX Development.
5. Minimum Floor Heights
a. The minimum height from the floor to the lowest ceiling structure, support beam, or overhead fixture, such as a conduit, pipeline, signage,lilighting, or any othe obstruction mounted on the ceiling shall be eight (8) feet two (2) inches in height. 17 6. Interior Treatment. The interior treatment of a parking structure shall be of a light color.
The treatment shall include a coordinated interior sign program designed to identify parking levels and locate stairwells, elevators, phones, exits and other interior features.
7. Mirrors for Sight Distance. Blind corners shall be provided with viewing mirrors maintained in a position and condition to provide adequate sight distance.
8. Integral Design. Parking structures should be designed as an integral component of the coordinated site plan and architectural theme. Rooftop solar arrays and green roof technologies are encouraged.
9. Sig_nage. A well -designed graphics and signage system will effectively communicate necessary information to patrons, reduce confusion, improve safety, and enhance the overall user experience.
a. Vehicular Signs. Examples of vehicular signs include "Park" and "Exit" directional signs. Vehicular signs are ten or twelve inches in height with six or seven inch letters. Ten (10)-inch signs are recommended for precast structures where sign visibility can be a problem. Vehicular signs should be centered over the drive lane or centered over the drive aisle when signs are mounted back-to- back.
b. Pedestrian Signs. Examples of pedestrian signs include "Level #," "Remember Level #," "Row #,"and "Stair" and "Elevator" identification and directional signs.
Pedestrian signs shall be light in color, easy to read in day and night settings, and contain a number or memorable icon/character for easy_ pedestrian wayfinding_ Pedestrian signs shall be clearly distinguishable from vehicle signs so as not to interfere with vehicular traffic. Pedestrian signs in parking bays shall be located perpendicular to traffic flow, and placed at the rear of parking stalls. Color -coding shall be used to help patrons find their vehicles. The elevator cour area shall include super graphics which are graphics that cover a large area and are generally painted on a vertical surface, such as painted walls or elevator doors, with level designation incorporated.
c. No offsite signage is permitted.
10. Bicycle parkin /s�ge. Bicycle parking shall be provided in quantities required in accordance with Temecula Municipal Code Section 17.24.040(F)(2) `Minimum Bich Parking Requirements.' All bicycle facilities are required to be located exclusively on the ground level.
11. Pedestrian access points and pathways shall be located to avoid pedestrian/vehicle conflicts.
12. Parking structures that propose to charge a fee or propose gates/entry control devices for parkin_ shall hall provide a stacking analysis to demonstrate such activities will not impact the flow of traffic surrounding the parking structure.
13. Parking structures that exceed one hundred (100) parking spaces, or greater than two stories, to include below grade parking, shall be required to provide a parking analysis or "counting" system to indicate total number of spaces and total number of unoccupied spaces on the entrance(s) of the parking structure.
14. Stall width
18 a. When the side of anyparkingstall abuts a building, fence, wall, support column or other obstruction which would interfere in any way with access to a motor vehicle, the width of the stall shall be increased to at least eleven (11) feet.
15. Lighting
Parking Structure Lighting Standards
Area
Minimum
Horizontal
Illuminance on
Minimum
Vertical
Illuminance at 5
Maximum to
Minimum
Uniformity
Floor
(Footcandles)
Feet
(Footcandles)
Parking and
Pedestrian Areas
2 1
10:1
Stairwells
2 1
10:1
Ramps and Corners
1 0.5
10:1
-Da
Ramps and Corners
1.0 1.0
10:1
:Night
Entrance Areas -
Da
50 25
10:1
Entrance Areas —
1 —
0.5 —
10:1
Night
Section 19. Subsection C (Flags) of Section 17.28.050 (Exempt Signs.) of Article I (General) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Section 17.28.050 remaining unchanged:
C. Flags.
1. A flagpole shall not exceed the zoning district height limits set forth in the Developmen Municipal Code Section 17.08.050(H)., or- fifty feet if no height limit is pr-evided by the Development Code.
2. A single flag of the United States of America and two of the following flags shall be permitted per parcel or center:
a. The state of California, or another state of the United States. b. A county.
c. A municipality.
d. Official flags of other countries.
e. Flags of nationally or internationally recognized organizations. f. A corporate flag.
3. The maximum area for a corporate flag may not exceed fifty square feet. 19 Section 20. Subsection H (Flagpoles) of Section 17.08.050 (Special Use Regulations and Standards) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Section 17.08.050 remaining unchanged:
H. Flag Poles. A maximum height of fifty 50 seventy feet.
Section 21. Table 17.03.010 (Planning and Zoning Approval Authority) of Section
17.03.010 (Purpose and intent.) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.03.010 remaining unchanged:
Table 17.03.010
Planning and Zoning A roval Authorit
Application
Administrative
Approval
Planning
Director
Planning
Commission
City
Council
General plan amendment
Recommendation'
X'
Zoning amendment: text changes
Recommendation'
X'
Zoning amendment: map changes
Recommendation'
X'
Zoning amendment: specific plan,
includes specific plan amendments
Recommendation'
X'
Conditional use permit (CUP) —
existing building
Xi,2
Conditional use permit with a
development plan
X1,2,3
X1,3
CUP modification all chan es
X'
Development plan
(10,000 sq. ft. or greater)
X'
Development plan
(less than 10,000 s . ft.)
X'
Major modifications
X2,4
VA
Minor modifications
X2
Administrative development plan
X2
Home occupation plan
X2
Minor exceptions
X2
Sign permits
V
Sign programs, including sign
program modifications
V
Temporary use permits
V
Variance
X'
Accessory dwelling unit
V
Hillside development permit
X'
Notes:
20 Requires consideration at a noticed public hearing.
2. For matters that are considered to have special significance or impact, the director of planning may refer such items to the planning commission for consideration.
3. Conditional use permits without development plans are approvable by the director of planning.
Conditional use permits with development plans are approvable by hearing body required for the development plan.
4. Major modifications of projects which were approved by the planning commission or city council shall be considered by the original approval body. Increases in building square footage that results in a building larger than 10,000 square feet shall be considered by the planning commission.
State law requires the administrative consideration of secondary dwelling units. These cations cannot be promoted to the planning commission.
Section 22. Table 17.08.030 (Schedule of Permitted Uses) of Section 17.08.030 (Use regulations.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Table
17.08.030 remaining unchanged:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
INCICCJHTJSCJP0JBPJ
LI
A
Adult businesses —subject to Chapter 17.09 5.09 of
the Temecula Municipal Code
C
C
C
-
-
Aerobics/dance/gymnastics/jazzercise/martial arts
studios (greater than 5,000 sq. ft.)
-
P
P
P
C
-
Section 23. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
Section 24. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.
Section 25. Effective Date. This Ordinance shall take effect thirty (30) days after passage.
21 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ,
ATTEST:
Randi Johl, City Clerk
[SEAL]
22 Zak Schwank, Mayor
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 28th day of February, 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:
23 Randi Johl, City Clerk
PC RESOLUTION NO.2022-34
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT
THE CITY COUNCIL ADOPT AN ORDINANCE
ENTITLED, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMECULA AMENDING TITLES 5
AND 17 OF THE TEMECULA MUNICIPAL CODE TO
MAKE MINOR REVISIONS TO MASSAGE
ESTABLISHMENT, ACCESSORY DWELLING UNIT, CAR
WASH, FLAG POLE, AND CONDITIONAL USE PERMIT
REGULATIONS, ESTABLISH PARKING GARAGE
STANDARDS, CLARIFY THE PERMITTED USES
ALLOWED IN THE OPEN SPACE AND OPEN SPACE -
CONSERVATION DISTRICT ZONES, CLARIFY THAT
ENTERTAINMENT LICENSES ARE REQUIRED FOR
CERTAIN USES IN PDO-4 AND PDO-10, MODIFY THE
DEFINITION OF ALCOHOLIC BEVERAGE
MANUFACTURER AND GUEST HOUSE, ADD
DEFINITIONS FOR ACTIVE AND PASSIVE
RECREATION, MAKE OTHER CLERICAL REVISIONS
TO THE MUNICIPAL CODE AND MAKE A FINDING OF
EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) GUIDELINES SECTION 15061
(B)(3)"
Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that:
A. City staff identified the need to make revisions and clarifications to portions of Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Temecula Municipal Code.
B. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Temecula Municipal Code on November 16, 2022, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter.
C. The proposed amendments to Title 5 and 17 are consistent with the City of Temecula General Plan, and each element thereof.
D. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that:
The Planning Commission, in recommending adoption of the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:
1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan.
Except for the amendments pertaining to the Open Space (OS) and Open Space - Conservation (OS-C) Zoning districts, none of the proposed Code Amendments impact the types of uses allowed in City. The Code Amendments clarify that communication and microwave installation are not permitted uses in the OS-C zoning designation but that bicycle paths are a permitted use in the OS and OS-C Zoning districts. The Code Amendments also clarify that OS and OS-C Zoning districts allow passive recreational uses and defines passive and active recreation. These uses are consistent with the Open Space land use designation.
2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan.
The proposed changes to Title 17 conform with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed changes allow for the separate conveyance of an ADU as well other revisions to ADU regulations is consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan, which is to ensure "Orderly, and efficient patterns of growth that enhance quality of life for Temecula residents." As a relatively new home product type, ADU's further Policy 2.5 of the Growth Management/Public Facilities element of the General Plan that states, "Encourage new development that helps create and maintain a balance between jobs and housing opportunities." The proposed changes to specifically allow bike paths in the OS and OS-C zoning districts are consistent with Goal 8 of the Open Space/Conservation Element of the General Plan, which is to ensure "Development of a trail system that serves both recreational and transportation needs." The proposed changes to PDO 4 and 10 to expressly provide that restaurants with live entertainment must comply with the Entertainment License and Private Security Operator requirements of the Municipal Code are consistent with Goal 3 of the Noise Element of the Temecula General Plan, which is to "Minimize the impact of noise levels throughout the community through land use planning." The proposed addition of parking garage standards is consistent with Goal 7 of the Circulation Element of the General Plan which is to ensure "An adequate supply of private and public parking to meet the needs of residents and visitors to the City." The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and a correction of typographical edits and do not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan.
3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein.
The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments do not create or allow new uses where they were not previously allowed. Only the revisions to the Open Space -Conservation (OS-C) and Open Space (OS) Zoning districts impact the use of land. The Code Amendments clarify that communication and microwave installation are not permitted uses in the OS-C zoning designation but that bicycle paths are a permitted use in the OS-C and OS Zoning districts. The Code Amendments also clarify that OS and OS-C Zoning includes passive recreational uses and defines passive and active recreation. These uses are consistent with the types of uses permitted in the OS-C Zoning district.
Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2023- is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The Code Amendments impose regulations on existing uses, but do not increase the intensity or density of any land use or allow any development where it was not otherwise permitted. The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments do not create or allow new uses where they were not previously allowed. Only the revisions to the Open Space (OS) and Open Space -Conservation (OS-C) Zoning districts impact the use of land.
The Code Amendments clarify that communication and microwave installation are not permitted uses in the OS-C zoning designation but that bicycle paths are a permitted use. The Code Amendments also clarify that OS and OS-C Zoning includes passive recreational uses and defines passive and active recreation. These uses are consistent with the types of uses permitted in the OS and OS-C Zoning districts and, therefore, will not have an impact on the environment.
The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance.
Section 4. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR22-0182, a proposed Citywide Ordinance in substantially the same form as set forth on Exhibit "A", attached hereto, and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of November 2022.
Gary Watts, Chairman
0 [SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2022-34 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of November, 2022, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Hagel, Ruiz, Turley-Trejo, Watts NOES: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS:
Secretary
ORDINANCE NO.2023-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 5 AND 17 OF THE
TEMECULA MUNICIPAL CODE MAKING MINOR
REVISIONS TO MASSAGE ESTABLISHMENT,
ACCESSORY DWELLING UNIT, CAR WASH, FLAG
POLES, AND CONDITIONAL USE PERMIT
REGULATIONS, ESTABLISH PARKING GARAGE
STANDARDS, CLARIFY THE PERMITTED USES
ALLOWED IN THE OPEN SPACE -CONSERVATION
DISTRICT ZONE, CLARIFY THAT ENTERTAINMENT
PERMITS ARE REQUIRED FOR CERTAIN USES PDO-4
AND PDO-10, MODIFY THE DEFINITION OF ALCOHOLIC
BEVERAGE MANUFACTURER, ADD DEFINITIONS FOR
ACTIVE AND PASSIVE RECREATION, MAKE OTHER
CLERICAL REVISIONS AND MAKE A FINDING OF
EXEMPTION UNDER 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. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that:
A. City staff identified the need to make minor revisions and clarifications to portions of Title 5 (Business Licenses and Regulations), and Title 17 (Zoning) of the Temecula Municipal Code.
B. As required by State law, the Planning Commission considered the proposed amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Code Amendments") on November 16, 2022, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter.
C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted PC Resolution No. 2022-34, recommending that the City Council approve the Code Amendments.
D. The City Council, at a regular meeting, considered the Ordinance on January 24, 2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter.
E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.
Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:
1. The proposed uses are allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan.
Except for the amendments pertaining to the Open Space -Conservation (OS-C) Zoning designation, none of the proposed Code Amendments change the types of uses allowed in City.
The Code Amendments clarify that communication and microwave installation are not permitted uses in the OS-C zoning designation but that bicycle paths are a permitted use. The Code Amendments also clarify that OS and OS-C Zoning includes passive recreational uses and defines passive and active recreation.
2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan.
The proposed changes to allow for the separate conveyance of an ADU as well other revisions to ADU regulations is consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan, which is to ensure "Orderly, and efficient patterns of growth that enhance quality of life for Temecula residents." As a relatively new home product type, ADU's further Policy 2.5 of the Growth Management/Public Facilities element of the General Plan that states, "Encourage new development that helps create and maintain a balance between jobs and housing opportunities." The proposed changes regarding OS Zoning designation are consistent with Goal 8 of the Open Space/Conservation Element of the General Plan, which is to ensure "Development of a trail system that serves both recreational and transportation needs." The proposed changes to PDO 4 and 10 are consistent with Goal 3 of the Noise Element of the Temecula General Plan, which is to "Minimize the impact of noise levels throughout the community through land use planning." The proposed addition of parking garage standards is consistent with Goal 7 of the Circulation Element of the General Plan which is to ensure "An adequate supply of private and public parking to meet the needs of residents and visitors to the City." The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and a correction of typographical edits and do not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan.
3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein.
The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments do not create or allow new uses where they were not previously allowed. Only the revisions to the Open Space -Conservation (OS-C) Zoning district impact the use of land. The Code Amendments clarify that communication and microwave installation are not permitted uses in the OS-C zoning
designation but that bicycle paths are a permitted use. The Code Amendments also clarify that OS and OS-C Zoning includes passive recreational uses and defines passive and active recreation.
These uses are consistent with the types of uses permitted in the OS-C Zoning district.
Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Code Amendments would have a significant impact on the environment. The Code Amendments impose regulations on existing uses, but do not increase the intensity or density of any land use or allow any development where it was not otherwise permitted. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines.
Section 4. Subsection 5.22.120.A.7 (Chair Massage) of Section 5.22.120 (Exemptions) of Chapter 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 5.22.120 remaining unchanged:
"Chair massage," i.e., massage of the body from the waist up, to a person seated in a chair, provided that the massage is performed in an area that is within public view; a. Chair massage businesses are exempt from the maximum number of massage establishments as specified in Section 5.22.050 of this chapter. b. All other requirements of this chapter are applicable to chair massage businesses except those items that are expressly not deemed applicable to chair massage businesses as determined by the Chief of Police in written form.
c. In no case will a chair massage business be eligible to convert their existing business into a traditional massage establishment. A new massage business license would be required."
Section 5. Subsection "27" (Emergency Communication) is hereby added to Subsection B (Operations) of Section 5.22.080 (Requirements applicable to the operation of massage establishments.) of Chapter 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code is hereby added to read as follows (with additions appearing in underlined text), with all other provisions of Section 5.22.080 remaining unchanged:
27. Emergency Communication. Each massage establishment shall have and maintain a dedicated telecommunication device physically at the business location with an assigned telephone number capable of receiving incoming calls and dialing out to emergency services, specifically
3 Section 6. Subsection "C" (Conservation District (OS-C)) of Section 17.14.020 (Open space/recreation districts.) of Chapter 17.14 (Open Space/recreation/conservation Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.14.020 remaining unchanged:
"C. Conservation District (OS-C). The conservation zoning district is intended for those lands that should remain in a natural state as much as feasible without intrusions from active recreational uses. Improvements may be made to these areas to allow for pass_iN e recreational uses or for control of erosion, geologic stability, or other public safety purposes. The construction of buildings or other habitable structures is not permitted. No profit -generating activities are intended for this zoning district on more than a temporary hacic "
Section 7. Table 17.14.030 (Schedule of Permitted Uses — Open Space) of Section
17.14.030 (Use regulations.) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.14.030 remaining unchanged:
Table 17.14.030
Schedule of Permitted Uses —Open Space
Schedule of Uses
PR
OS
OS-C
OS-C-SM
Agricultural uses
-
C
C
-
Athletic field
P
-
-
-
Bicycle paths
P
Y C
1' C
-
Campground
C
-
-
-
Caretakers quarters
C
C
C
-
Cemeteries, mausoleums and related uses
C
C
-
-
Communications and microwave installations
-
-
-
Flood control structures
C
C
C
C
Game courts, badminton, tennis, racquetball
P
C
-
-
Golf driving range not part of a golf course
C
C
-
-
Golf course and clubhouse
C
C
-
-
Golf course resort (including accessory visitor supporting accommodations and commercial uses, such as hotels,
fractional ownership units, day spa, restaurants and
conference center)
C
-
-
Government and public utility facilities
C
C
C
C
Gymnasium
C
-
-
-
4 Table 17.14.030
Schedule of Permitted Uses —Open Space
Schedule of Uses
PR
OS
OS-C
OS-C-SM
Commercial marijuana activities
-
-
-
-
Marijuana cultivation!
-
-
-
-
Nature centers/exhibits
P
C
C
-
Nurseries
-
C
-
-
Outdoor exhibits
P
P
P
-
Picnic group facilities
C
C
-
-
Private parks and recreation facilities
P
C
-
-
Parking areas
C
C
C
-
Public parks and recreation facilities
P
C
-
-
Recreational vehicle park
-
C
-
-
Riding stable, public or private
C
C
C
-
Shooting galleries, ranges, archery courses
-
C
-
-
Single-family dwellings (1 unit per 40 acres)
-
P
C
-
Tree farms
-
C
-
-
Note:
1. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code.
Section 8. Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definition of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.34.010 remaining unchanged:
"Aeeessery dwelling unit" means an attaehed or detaehed residential dwelling unit on a lot with an existing single family residenee (primary residenee) that pr-ovides eomplete independent fiving faeilities for one or more per -sons. it shall ineltide permanent provisions for- living, sleeping, eating, eooking, and sanitation on the same par -eel that single family 'dwelling is situated. "Accessory dwelling unit" or "ADU" has the same meaniniz ascribed in Government Code section 65852.2. as the same may be amended from time to time. "Accessory dwelling unit" includes an "Efficiency Unit" as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007.
"Guest house" means an additional stmeture to a pr-imafy r-esidenee on a par -eel zoned fof feet.single family residential, designed to pr-ovide aecoffimodations foF visitors, att-ae-hed- of detached, but shall not be titilized as an aceessery dwelling unit, and shall not eentain provisions for the preparation of food, eeeking, f4eilities or- wet bar. A guest house s not eyeeed one thousand two hundfed square feet in area and shall eontain a bathfoo with a toilet, sink, and a bathlub and/or shower if it is ever- eight hundred square shall have the same definition as "Accessory Dwelling Unit" or "ADU." "Alcoholic beverage manufacturing" means an establishment that produces or manufactures alcoholic beverages and is licensed by the Department of Alcoholic Beverage Control of the State of California. These types of establishments may: (1) sell alcohol that is produced or manufactured on the alcoholic beverage manufacturer's licensed premises for on -sale or off -sale consumption; (2) include accessory uses such as tours, specialty dinners, food pairings, retail sales, and/or on -site consumption; and (3) include tasting rooms. Typical uses include breweries, distilleries and wineries.
Accessory uses may include one (1) "mobile food facility," sometimes referred to amended from time to time. Said mobile food facility shall be subject to and required to comply with the provisions of all City, County, State, and Federal regulations applicable to mobile food facilities and maintain all current licenses, insurance, permits and/or approvals required from such regulations and presented to law enforcement or city staff upon request.
"Recreation Uses, Active" means the tvbical recreational activities that are offered in a developed community park, such as baseball, soccer and pickleball as well as swimming, camping, marinas, health resorts and retreat centers that offer similar activities in an indoor settina. These uses reauire considerable nhvsical infrastructure and are dependent upon significant utilities to operate.
"Recreation Uses, Passive" means low intensity outdoor activities such as walking, hiking, bicycling, picnicking, nature education and bird watching. These uses do not require substantial infrastructure and require little to no utilities to operate.
Section 9. Section 17.16.070 (Approved Specific Plans) of Chapter 17.16 (Specific Plan Zoning District (SP-)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text):
The following specific plans have been approved by the city and are designated on the official zoning map of the city:
SP-1 Roripaugh Estates
(previous reference: SP No. 449164)
SP-2 Rancho Highlands
(previous reference: SP No. 180)
SP-3 Margarita Village
(previous reference: SP No. 199)
SP-4 Paloma del Sol
(previous reference: SP No. 219)
0 SP-5 Old Town
SP-6 Campos Verdes
SP-7 Temecula Regional Center
SP-8 Village West
SP-9 Redhawk
SP-10
Vail Ranch
SP-11
Roripaugh Ranch
SP-12
Wolf Creek
SP-13
Harveston
SP-14 Uptown Temecula
cn_i s
AItn;r
(previous reference: SP No. 1)
(previous reference: SP No. 263)
(superseded by SP-15)
(previous reference: SP No. 217)
(previous reference: SP No. 223)
Section 10. Table 17.22.13613 (Schedule of Permitted Uses) of Section 17.22.134 (Use regulations.) of Article V Temecula Creek Village Planned Development Overlay District-4 of Chapter 17.22 (Planned Development Overlay Zoning District (PDO-4)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with appearing in underlined text) with all other provisions of Table 17.22.13613 remaining unchanged:
Table 17.22.136B
Schedule of Permitted Uses
Temecula Creek Village Planned Development Overlay District-4- Description of Use
PDO-
411
PDO-
4V6
R
Radio and broadcasting studios, offices
P
-
Radio/television transmitter
-
-
Recreational vehicle park
-
-
Recreational vehicle sales
-
-
Recreational vehicle, trailer, and boat storage within an enclosed building
Recreational vehicle, trailer and boat storage -exterior yard -
-
Recycling collection facilities
-
-
Recycling processing facilities
-
-
Religious institution, without a day care center or educational institution
C
-
Religious institution, with an educational institution
C
-
Religious institution, with a day care center
C
-
%I
Residential (one dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business) Restaurant with drive -through window
-
-
Restaurants and other eating establishments
P
P4
(with or without the sale of beer and wine)
Restaurants and other eating establishments
_
0 (with the sale of beer, wine and distilled spirits)
Restaurant (bona fide public eating establishment) with lounge or _
0 live entertainment (not including dancing)7-8
Retail support use (15 percent of total development square footage in BP and LI)
Rooming and boarding houses
-
-
Notes:
I . The CUP will be subject to Section 17.10.020(B) special standards for the sale of alcoholic beverages.
2. Subject to the requirements of Chapter 17.40 of the Temecula Municipal Code.
3. In PDO-4, all senior housing residential projects shall use the development and performance standards for the high density residential zone and the provisions contained in Section 17.06.050(H).
4. The size of the use or activity is limited to 5,000 square feet.
5. Outdoor entertainment in conjunction with an eating establishment is permitted provided that the outside noise levels do not interfere with off -site conversation.
6. Drive through facilities are not allowed in the village planning area.
Retail/support commercial planning area is identified as PDO-4R.
Village commercial planning area is identified as PDO-4V.
Multifamily planning areas A and B use the high density column in Table 17.06.030.
7. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
8. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private Security Operators) Section 10. Table 17.22.216(B) (Schedule of Permitted Uses) of Section 17.22.216 (Use regulations) of Article XI. Temecula Education Center Planned Development Overlay District -10 of Chapter 17.22 (Planned Development Overlay Zoning District (PDO-10)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.22.216(B) remaining unchanged:
Table 17.22.216(B)
Schedule of Permitted Uses
Temecula Education Center Planned Development Overlay District-10
Description of Use
PDO-10
R
Radio and broadcasting studios, offices
P
Recycling collection facilities
C
Religious facilities
P
Religious institution, with a daycare center
P
Religious institution, with an educational institution
C
Religious institution, without a daycare center or educational institution C
Residential, multiple -family housing
P
Residential -senior housing
C
Restaurants and other eating establishments
P
Restaurants (bona fide public eating establishment) with lounge or live entertainment (not includin dg ancing) 4
C
Notes:
1. The CUP will be subject to Section 17.10.020(B), special standards for the sale of alcoholic beverages.
2. Subject to citywide antenna standards.
3. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
4. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private Security Operators) Section 11. Section 17.23.020 (Definitions) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.020 remaining unchanged:
"Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code section 65852.2, as the same may be amended from time to time. Accessory dwelling unit includes an "Efficiencv Unit" as defined in Health and Safetv Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007.
Section 12. Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Table 17.06.030 remaining unchanged:
17.06.030 Use regulations.
The list of land uses on Table 17.06.030 shall be permitted in one or more of the residential zoning districts as indicated in the columns corresponding to each residential zoning district.
Where indicated with a letter "P" the use shall be a permitted use. Where indicated with a "-," the use is prohibited within the zone. A letter "C" indicates the use shall be conditionally permitted subject to the approval of a conditional use permit.
Description of Use
Residential
Single-family detached
Duplex (two-family dwellings)
Single-family attached (greater than two
units
Multifamily
Manufactured homes
Mobilehome park
Facilities for the mentally disordered,
disabled, or dependent or neglected children
six or fewer
Facilities for the mentally disordered,
disabled, or dependent or neglected children
seven to twelve
Alcoholism or drug abuse recovery or
treatment facility six or fewer
Alcoholism or drug abuse recovery or
treatment facility seven or more
Residential care facilities for the elderly (six
or fewer
Residential care facilities for the elderly
seven or more
Residential care facilities six or fewer
Residential care facilities seven or more
Congregate care residential facilities for the
elder) 6
Boarding, rooming and lodging facilities
Accessory dwelling units
Guest house
Family day care homes —small and large
Day care centers
Bed and breakfast establishments6
Emergency shelters
Transitional housing,
Supportive housing,
Notes:
Table 17.06.030
Residential Districts
HR I RR I VL I L- I L- I LM I M I H HR-SM'
1 2
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�am00000�
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C
C
I C
C
I C
I C
P
I P
C
P
P
P
P
P
P
P
P
P
C
C
C,
C
C
C
P
P
C
P
P
P
P
P
P
P
P
P
!;i
■,il;il�l�
�i
■ i
■�
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■aev0000�
�aaaaaoo�
�asasa�®�
1. Subject to the provisions of Section 17.06.050(I) of this chapter. 10 2. A duplex or two-family dwelling may be permitted on corner lots with a planned development overlay pursuant to the provisions of Chapter 17.22 of this title.
3. Subject to the provisions of Section 17.24.020(D)(2) of this title. 4 Allowed on!), with a single family rest efiee Subject to the provisions of Chapter 17.23 of this code.
5. The director of planning shall have the discretion to waive submittal of an administrative development plan, if it is determined that the construction trailer will not have an adverse impact on adjacent residences or businesses.
6. Subject to the supplemental development standards contained in Chapter 17.10 of this title.
7. Not used.
8. These uses are not permitted within the Nicolas Valley rural preservation area, as identified in Figure LU-5 of the land use element of the general plan.
9. Development within the HR-SM zoning district is subject to Section 17.06.080, Hillside development standards.
10. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code.
11. Legal nonconforming single-family residences will be permitted to construct accessory dwelling units if they meet the requirements of this Section 17.06.050(L).
Section 13. Table 17.06.050A (Accessory Structures Setbacks for the HR, RR, VL, L- 1, L-2, LM, M and H Zoning Districts) of Section 17.06.050 (Special use standards and regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Table 17.06.050A remaining unchanged:
Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts
Accessory Structure
Front Yard
Rear Yard
Interior Side Yard'
Carports
Not permitted
5 ft. min. for support
5 ft. min. for support
columns
columns
Detached guest 1....,s
Net p mitte d in the
aetuai &-oat yar-d,
Refer to the rear yard
set�tbae ks in
Table 17.06.040
Refer to the side . arA
set�tbaeks in
Table 17.06.040
Garage
20 ft. (Entrance faces
5 ft. min., but no less than
5 ft. min.
street)
15 ft. from centerline of
10 ft. (Entrance from side
alley
not facing front yard)
Storage/utilityStorage/utility enclosure
Not permitted
3 ft.
3 ft.
Swimming pool"
Not permitted,
5 ft. to water's edge
5 ft. to water's edge
Swimming pool
Not permitted,
3 ft.
3 ft.
equipment
11 Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts
Accessory Structure
Front Yard
Rear Yard
Interior Side Yard'
Spa
Not permitted,
3 ft. to water's edge
3 ft. to water's edge
Antennas
Not permitted
5 ft.
5 ft.
Gazebo/garden structure
Not permitted
5 ft.
5 ft. if interior side yard
10 ft. if street side yard on
cornerlot
Solar collector (ground
Not permitted in front
10 ft. 0 in.
10 ft. 0 in.
mounted)
yand
Decks (not to exceed 36
Not permitted
5 ft. min.
5 ft. min.
inches above the round
Roof decks
Must meet district development standards i.e. setbacks, height, lot coverage, etc.
Patio covers measured at
15 ft.
5 ft. min.
5 ft, min.
vertical supports
Notes:
1. On a corner lot, accessory structures are not permitted, unless otherwise noted above.
2. Accessory structures with walls must be separated from other accessory and primary structures by at least six feet.
3. Swimming pools, spas and pool and spa equipment in the VL, RR and HR zoning districts may be located in the front yards as outlined in Section 17.06.050(E). . .
Section 14. Table 17.22.116 (Schedule of Permitted Uses) of Section 17.22.116 (Use regulations) of Article III. Margarita Road Planned Development Overlay District-2 of Chapter
17.22 (Planned Development Overlay Zoning District-2)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Table 17.22.116 remaining unchanged:
Table 17.22.116
Schedule of Permitted Uses
Margarita Road Planned Development Overlay District-2
Description of Use
PDO-2
Residential
Accessory Dwelling Unit (ADU)
P'
Single-family detached
PI
12 Duplex (two-family dwellings)
PI
Single-family attached (greater than two units)
P
Multiple -family
P
Manufactured homes
P
Mobilehome park
-
Facilities for the mentally disordered, disabled or dependent or neglected children (six or fewer)
P
Facilities for the mentally disordered, disabled or dependent or neglected children (seven to twelve)
P
Alcoholism or drug abuse recovery or treatment facility (six or fewer) P
Alcoholism or drug abuse recovery or treatment facility (seven or more) P
Residential care facilities for the elderly (six or fewer) P
Residential care facilities for the elderly (seven or more) P
Congregate care residential facilities for the elderly
P
Boarding, rooming and lodging facilities
C
Guest house
P3
Family day care homes —small
P
Family day care homes —large
P
Day care centers
C
Bed and breakfast establishments
-
Emergency shelters
P
Transitional housing
P
Notes:
1. Detached residential or zero lot -line units, duplexes and two-family dwellings are permitted only with the approval of the planning commission.
2. Subject to the provisions of Section 17.24.020(D)(2).
3. Allowed only with ^ single family rest epee. Subject to the provisions of Chapter 17.23 of this code.
4. The community development director shall have the discretion to waive submittal of an administrative development plan if it is determined that the construction trailer will not have an adverse impact on adjacent residences or businesses. 13 Section 15. Section 17.23.050 (ADU standards.) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.050 remaining unchanged:
17.23.050 ADU standards.
Except those ADUs approved pursuant to Subsection 17.23.030, ADUs shall comply with the following standards:
A. Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing primary dwelling that is zoned residential.
B. Development Standards.
1. Size Restrictions. If there is an existing primary dwelling, an attached ADU shall not exceed fifty percent of the gross floor area for the primary dwelling. An attached ADU that is proposed with a new primary dwelling shall not exceed one thousand two hundred square feet in floor area. A detached ADU shall not exceed one thousand two hundred square feet in floor area. In no case shall an ADU be less than an "efficiency unit" as defined in Section 17958.1 of Health and Safety Code with respect to square footage.
2. Height Restrictions. An ADU shall not exceed sixteen feet in height.
3. Transfer. An ADU shall not be sold, transferred, or assigned separately from the primary dwelling, but may be rented. The ADU shall not be used for short-term rentals for less than thirty- one days.
4. Setback. No setback shall be required for an ADU that is within an existing structure or new ADU that is constructed in the same location and with the same dimensions as an existing structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet.
An ADU shall comply with all required front yard setbacks otherwise required by the municipal code.
5. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage regulations would not permit construction of an eight hundred square foot ADU that is sixteen feet in height with four -foot side and rear yard setbacks.
6. Historic Resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the "Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or specific plans that pertain to historic resources.
C. Design and Features.
1. Design. The ADU shall have the same design, architecture, colors and materials of the primary dwelling, and shall comply with any objective design standards adopted by the city that are applicable to the zoning district or specific plan area where the ADU is located.
2. Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required for the primary dwelling.
3. An ADU shall have a separate exterior access.
4. All utilityquipment to include window mounted coolin/heating equipment must not be visible from the public right-of-way.
14 D. Covenant Required. The property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (1) the ADU is to be rented only for terms of thirty days or longer; and (2) the ADU is not to be sold or conveyed separately from the primary dwelling exceTt in conformitith Government Code Section 65852.26. Proof of recordation of the covenant shall be provided to the city before the city finals the building permit.
E. Parking Requirements.
In addition to the off-street parking space(s) required for the primary dwelling, one off-street parking space shall be provided for each ADU, except when:
a. The ADU is located within one-half mile walking distance of public transit; b. The ADU is located within an architecturally and historically significant historic district; c. The ADU is part of a proposed or existing primary dwelling or accessory structure; d. The ADU is located in an area where on -street parking permits are required but not offered to an ADU occupant; or
e. The ADU is located within one block of a city -approved and dedicated parking space for a car share vehicle.
2. When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.
Section 16. A new Subsection "K" is hereby added to Section 17.04.010 (Conditional Use Permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, (with additions appearing in underlined text) with all other provisions of Section 17,04.010 remaining unchanged-
K. "All Conditional Use Permits that include the sale of alcohol, shall be physically posted on site in a conspicuous manner viewable to customers, patrons or guests and presented upon request to any Law Enforcement or City Staff authorized to enforce this Chapter. The posting shall include the approval letter, Conditions of Approval, and approved site plan. " Section 17. Subsection G (Car Washes) of Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.050 remaining unchanged:
G. Car Washes. A conditional use permit shall be required for all full -service or self-service car washes within the commercial districts. Car washes shall comply with the following criteria:
1. Such businesses shall be located at least two hundred 2( Q0) feet from any residentialAl zoned district property line. That distance shall be measured in a straight line regardless of physical encumbrances, and shall be inclusive of all:
a. Vacuum equipment;
b. Vehicle dryer or blower units;
c. Air compressors and hydraulic, electric, or pneumatic motors; d. Parking areas; and
15 e. Drive or queuingisles.
sles.
2. Wash bays and vacuum areas shall be screened from public view.
3. Regular monitoring of the facility by an attendant shall be provided during business hours to control noise, litter, and other nuisances.
4. Hours of operation shall be limited to seven a.m. to ten p.m., unless otherwise specifically established as a condition of approval. Automatic shut-off of water and electrical systems, except for security and fire protection, shall be provided during non - business hours.
Section 18. A new Section "T" (Parking Garage Standards) is hereby added to Section
17.10.020 (Supplemental Development Standards) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged:
"T. Parking Garages. All parking garages shall be designed in a manner that incorporates the following requirements:
1. Elevators
a. Should be oriented to adjacent streets, when possible. b. Shall have glass backs and be glass enclosed with a minimum of 75% visibility. c. When it is impossible for glass backed elevator or glass enclosed elevator, an active video surveillance system shall be required within the elevator and adjacent to elevator entrances.
2. Stairwells
a. Stairwells shall provide internal and external visibility, with a minimum of 75% transparency.
b. Stairwells should be oriented to adjacent streets, when possible. c. Stairwell walls shall be made of glass and/or have exterior openings where the stairwell is open and visible to the exterior
d. Stairwell door use should be minimized,• but when utilized one third of the door must be made of clear durable glass to encourageparency and safety.
Sample Image of Glass Enclosed Elevator and Open Stairwell IVI
i
3. Security fencing
a. Shall be installed below stairwells to eliminate unauthorized access. Fencing shall be compatible with the design of the parking structure; no chain link fencing of any kind is permitted.
4. Safety
a. Emergency Call boxes shall be conspicuously dispersed throughout parking garages, with a minimum of one call box on each level. Additional call boxes may be required at the discretion of the Chief of Police or Director of Community Development.
5. Minimum Floor Heights
a. The minimum height from the floor to the lowest ceiling structure, sport beam, or overhead fixture, such as a conduit, pipeline, signage, lighting, or aLly other obstruction mounted on the ceiling shall be eight (8) feet two (2) inches in height.
6. Interior Treatment. The interior treatment of a parking structure shall be of a light color.
The treatment shall include a coordinated interior sign program designed to identify parking levels and locate stairwells, elevators, phones, exits and other interior features.
7. Mirrors for Sight Distance. Blind corners shall be provided with viewing mirrors maintained in a position and condition to provide adequate sight distance.
8. Integral Design. Parking structures should be designed as an integral component of the coordinated site plan and architectural theme. Rooftop solar arrays and green roof technologies are encouraged.
17 9. Signage. A well -designed graphics and signage system will effectively communicate necessary information to patrons, reduce confusion, improve safety, and enhance the overall user experience.
a. Vehicular Sins. Examples of vehicular signs include "Park" and "Exit" directional signs. Vehicular signs are ten or twelve inches in height with six or seven inch letters. Ten (10)-inch signs are recommended for precast structures where sign visibility can be a problem. Vehicular signs should be centered over the drive lane or centered over the drive aisle when signs are mounted back-to- back.
b. Pedestrian Signs. Examples of pedestrian signs include "Level #," "Remember Level #," "Row #,"and "Stair" and "Elevator" identification and directional signs.
Pedestrian signs shall be light in color, easy to read in day and night settings, and contain a number or memorable icon/character for easy pedestrian wayfinding_ Pedestrian signs should be clearlydistinguishable istinguishable from vehicle signs so as not to interfere with vehicular traffic. Pedestrian signs in parking bays are most effective if located perpendicular to traffic flow, and they should be placed at the rear of parking stalls. Color -coding is often used to help patrons find their vehicles. The elevator core area provides an excellent location to utilize super graphics. Super graphics is defined as a graphic that covers a large area and is generally painted on a vertical surface, such as painted walls or elevator doors, with level designation incorporated.
c. No offsite signage is permitted.
10. Bicycle parking/storage. Bicycle parking shall be provided in quantities required in accordance with Temecula Municipal Code Section 17.24.040(F)(2) `Minimum Bich Parking Requirements.' All bicycle facilities are required to be located exclusively on the ground level.
11. Pedestrian access points and pathways shall be located to avoid pedestrian/vehicle conflicts.
12. Parking structures that propose to charge a fee or propose gates/entry control devices for parkin shall a stacking analysis to demonstrate such activities will not impact the flow of traffic surrounding the parking structure.
13. Parking structures that exceed one hundred (100) parking spaces, or greater than two stories, to include below grade parking, shall be required to provide a parking anal. sis or "counting" system to indicate total number of spaces and total number of unoccupied spaces on the entrance(s) of the parking structure.
14. Stall width
a. When the side of any parking stall abuts a building, fence, wall, support column or other obstruction which would interfere in any way with access to a motor _vehicle, the width of the stall shall be increased to at least eleven 01) feet.
15. Structure Liahtina Standards
18 Area
Minimum
Horizontal
Illuminance on
Minimum
Vertical
Illuminance at 5
Maximum to
Minimum
Uniformity Ratio
Floor
Footcandles
Feet
Footcandles
Parking
Pedestrian Areas
2 1
10:1
Stairwells
2 1
10:1
Ramps and Corners
1 0_5
10:1
-Da
Ramps and Corners
1.0 1.0
10:1
-Night
Entrance Areas -
Da
50 25
10:1
Entrance Areas —
0.5 10:1
Ni ht
Section 19. Subsection C (Flags) of Section 17.28.050 (Exempt Signs.) of Article I.
General of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Section 17.28.050 remaining unchanged:
C. Flags.
1. A flagpole shall not exceed the zoning district height limits set forth in the Development Municipal Code Section 17.08.050(H)., or fifty feet if no height limit is providedby the Development Code.
2. A single flag of the United States of America and two of the following flags shall be permitted per parcel or center:
a. The state of California, or another state of the United States. b. A county.
c. A municipality.
d. Official flags of other countries.
e. Flags of nationally or internationally recognized organizations. f. A corporate flag.
3. The maximum area for a corporate flag may not exceed fifty square feet.
Section 20. Subsection H (Flag Poles) of Section 17.08.050 (Special use regulations and standards) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Section 17.28.050 remaining unchanged:
H. Flag Poles. A maximum height of fifty 50 seventy-t1%, feet. 19 Section 21. Table 17.03.010 (Planning and Zoning Approval Authority) of Section
17.03.010 (Purpose and intent) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.22.116 remaining unchanged:
Table 17.03.010
Planning and Zoning Approval rity
Application
Administrative
Approval
Planning
Director
Planning
Commission
City
Council
General plan amendment
Recommendation'
X'
Zoning amendment: text changes
Recommendation'
X'
Zoning amendment: map changes
Recommendation'
X'
Zoning amendment: specific plan,
includes specific plan amendments
Recommendation'
X'
Conditional use permit ((UP) —
existing building
X' 2
Conditional use permit (CUP) with
a development plan
Xl'2'3
XI'3
CUP modification all changes
X'
Development plan
10,000 s . ft. orgreater)X
1 Development plan
less than 10,000 s . ft.
X'
Major modifications
X2,a
x1A
Minor modifications
X2
Administrative development plan
X2
Home occupation plan
X2
Minor exceptions
X2
Sin permits
X2
Sign programs, including sign
program modifications
X2
Temporary use permits
X2
Variance
X'
Accessory dwelling unit
X5
Hillside development permit
X'
Notes:
1. Requires consideration at a noticed public hearing.
2. For matters that are considered to have special significance or impact, the director of planning may refer such items to the planning commission for consideration.
3. Conditional use permits without development plans are approvable by the director of planning.
Conditional use permits with development plans are approvable by hearing body required for the development plan.
20 4. Major modifications of projects which were approved by the planning commission or city council shall be considered by the original approval body. Increases in building square footage that results in a building larger than 10,000 square feet shall be considered by the planning commission.
State law requires the administrative consideration of secondary dwelling units. These lications cannot be promoted to the olannine commission.
Section 22. Table 17.08.030 (Schedule of Permitted Uses) of Section 17.08.030 (Use regulations) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Table
17.22.116 remaining unchanged:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
INCICCIHTISCIPOIBPI
LI
A
Adult businesses —subject to Chapter 17:$9 5 09 of
the Temecula Municipal Code
_
C
C
C
-
-
-
Aerobics/dance/gymnastics/jazzercise/martial arts
studios (greater than 5,000 s . ft.)
-
P
P
P
C
Section 23. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
Section 24. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.
Section 25. Effective Date. This Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula the _day of , 2023.
, Mayor
21 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 day of , 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 , 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
22 Randi Johl
City Clerk
Notice of Public Hearing
THE CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590
A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below.
Case No.: Long Range Project No. LR22-0182 Municipal Code Update Applicant: City of Temecula
Location: Citywide
Proposal: Adopt an ordinance of the City Council of the City of Temecula amending Titles 5 and 17 of the Temecula Municipal Code making minor revisions to massage establishment, accessory dwelling unit, carwash, flag poles, and conditional use permit regulations, establish parking garage standards, clarify the permitted uses allowed in the open space and open space -conservation district zones, clarify that entertainment licenses are required for certain uses in PDO-4 and PDO-10, modify the definition of alcoholic beverage manufacturer, add definitions for active and passive recreation, make other clerical revisions to the Municipal Code.
Environmental Action: In accordance with the California Environmental Quality Act ("CEQA"), the proposed ordinance is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15061(b)(3)).
PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers
DATE OF HEARING: February 28, 2023
TIME OF HEARING: 6:00 PM
Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing.
Any petition forjudicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice.
The proposed draft ordinance may be viewed at the public information counter, Temecula Civic Center, Community Services Department, 41000 Main Street, Monday through Fridayfrom 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Mark Collins, City of Temecula Community Development Department, (951) 506-5172.
City of Temecula
Community Development
41000 Main Street • Temecula, CA 92590
Phone (951 ) 694-6400 • TemeculaCA.gov
VIA -ELECTRONIC SUBMITTAL
CEQAProces sina(& asrclkrec. com
March 1, 2023
Supervising Legal Certification Clerk
County of Riverside
P.O. Box 751
Riverside, CA 92501-0751
SUBJECT: Filing of a Notice of Exemption for Long Range Project Number LR22-0182, an update to Title 5 & 17 of the Temecula Municipal Code Dear Sir/Madam:
Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the City will pay for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The payment of the $50.00 filing fee is under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee.
Also, please email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below.
If you have any questions regarding this matter, please contact Mark Collins at email:
Mark. Co1hns(c-r�,TemeculaCA. gov.
Sincerely,
Luke Watson
Deputy City Manager
Enclosures: Notice of Exemption Form
Electronic Payment - Filing Fee Receipt
City of Temecula
Community Development
Planning Division
Notice of Exemption
TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula
P.O. Box 751 41000 Main Street
Riverside, CA 92501-0751 Temecula, CA 92590
Project Title: Long Range Project No. LR22-0182 Municipal Code Update Description of Project: An ordinance of the City Council of the City of Temecula amending Titles 5 and 17 of the Temecula Municipal Code making minor revisions to massage establishment, accessory dwelling unit, car wash, flag poles, and conditional use permit regulations, establish parking garage standards, clarify the permitted uses allowed in the open space and open space -conservation district zones, clarify that entertainment licenses are required for certain uses in PDO-4 and PDO-10, modify the definition of alcoholic beverage manufacturer, add definitions for active and passive recreation, make other clerical revisions to the Municipal Code.
Project Location: Citywide
Applicant/Proponent: City of Temecula
The City Council approved the above -described project on February 28t'', 2023 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended.
Exempt Status: (check one)
❑ Ministerial (Section 21080(b)(1); Section 15268); ❑ Statutory Exemptions (Section Number:
❑Declared Emergency (Section 21080(b)(3); Section ® Categorical Exemption: (Section 15061 (b)(3)) 15269(a)); ❑ Other: Section 15162 Categorical Exemption ❑Emergency Project (Section 21080(b)(4); Section
15269(b)(c));
Statement of Reasons Supporting the Finding that the Project is Exempt:
In accordance with the California Environmental Quality Act (CEQA), the proposed ordinance has been deemed to be exempt from further environmental review as there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed ordinance amends the municipal code to implement the requirements of AB345, clarify requirements of massage establishments, implement parking garage standards and correct other various typographical errors and omissions.
Contact Person/Title: Mark Collins, Assistant Planner Telephone Number (951) 506-5172 Signature:
Luke Watson,
Deputy City Manager
Date:
Date received for filing at the County Clerk and Recorders Office:
Item No. 13
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: February 28, 2023
SUBJECT: Review Fiscal Year 2023-24 Budget Policies and Priorities RECOMMENDATION: That the City Council review the Fiscal Year 2023-24 Budget Policies and Priorities and provide feedback on Fiscal Policy Metrics.
BACKGROUND: The Government Finance Officers' Association (GFOA), which serves as the oversight agency of the Distinguished Budget Presentation Award program includes a recommended best practice of including public and policy maker engagement in the budget process.
As such, staff has incorporated a policy and priority review by the Council into the annual budget process. Council is asked to review and update (if desired) existing Budget Policies, Fiscal Policy Metrics and the Budget Priorities used in the current year's Annual Operating Budget and Capital Improvement Program (CIP) Budget. The updated policies and priorities will serve as the foundation upon which the subsequent fiscal year's annual budget will be developed.
Additionally, staff has scheduled the following outreach meetings with the City's Boards & Commissions to the budget development process, to gain feedback from each Board/Commission that may impact the upcoming Operating Budget or CIP:
2/23/22 Budget Engagement Session with the Public/Traffic Safety Commission 3/1/23 Budget Engagement Session with the Planning Commission 3/9/23 Budget Engagement Session with the Race, Equity, Diversity, and Inclusion (REDI) Commission
3/13/23 Budget Engagement Session with the Community Services Commission FISCAL IMPACT: None
ATTACHMENTS: None
Item No. 14
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: February 28, 2023
SUBJECT: Adopt Resolution Submitting to the Voters a Ballot Measure that Proposes to Establish Term Limits for City Council Members
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUBMITTING TO THE VOTERS AT THE
NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION A
MEASURE THAT PROPOSES ADOPTION OF AN
ORDINANCE TO ESTABLISH TERM LIMITS, REQUESTING
THAT SUCH ELECTION BE CONSOLIDATED WITH THE
STATEWIDE GENERAL ELECTION HELD ON THAT DATE,
AND TAKING CERTAIN OTHER ACTIONS
BACKGROUND: On February 14, 2023, pursuant to the Government Code, the City Council approved the placement of a local measure to establish term limits for the City Council on the November 5, 2024 ballot. Government Code Section 36502 (b) specifically states "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. " The attached resolution, and proposed ordinance to be submitted to the voters at the November 5, 2024 general municipal election, implement the above -referenced action by the City Council.
FISCAL IMPACT: Related election costs will be covered in the City Clerk's Office department operating budget for Fiscal Year 2024-25.
ATTACHMENTS: 1. Resolution
2. Exhibit A (Proposed Ordinance)
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA SUBMITTING TO THE VOTERS AT THE
NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION A
MEASURE THAT PROPOSES ADOPTION OF AN
ORDINANCE TO ESTABLISH TERM LIMITS,
REQUESTING THAT SUCH ELECTION BE
CONSOLIDATED WITH THE STATEWIDE GENERAL
ELECTION HELD ON THAT DATE, AND TAKING
CERTAIN OTHER ACTIONS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. 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."
Section 2. On February 14, 2023, pursuant to the Government Code section referenced above, the City Council approved the placement of a measure to establish term limits for the City Council on the November 5, 2024 ballot.
Section 3. The full text of the measure, attached to this resolution as Exhibit A, being the proposed ordinance establishing term limits, shall be completely printed in the voter pamphlet.
The Ordinance shall be adopted if it receives a majority of the votes cast on it at the regular municipal election of November 5, 2024 and shall go into effect ten (10) days after the City Council declares the results of the vote of the November 5, 2024 election. The City Council, pursuant to its right and authority, orders the measure to be submitted to the voters.
Section 4. The question shall appear on the ballot as follows:
Shall an ordinance be adopted to amend the City of Temecula Yes Municipal Code providing that no person shall be eligible for nomination, appointment, and/or election to the office of Member of No the City Council for more than three (3) four (4) year terms during their lifetime?
Section 5. The City Council hereby approves the proposed ordinance to be submitted to the voters, attached hereto as Exhibit A.
Section 6. The City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney to prepare an impartial analysis of the measure pursuant to the process and deadlines set forth in the Elections Code and applicable to the November 5, 2024 election.
Section 7. The City Council hereby directs the City Clerk to pursue consolidation of the November 5, 2024 election for said ballot measure with the County of Riverside pursuant to the process and deadlines set forth in the Elections Code and applicable to the November 5, 2024 election. The City will bear the costs customarily charged by the County in connection with a ballot question submitted at a municipal election that is consolidated with an election conducted by the County.
Section 8. The City Council hereby directs the City Clerk and the City Attorney to perform any and all additional tasks associated with the placement of the local ballot measure and the conduct of the November 5, 2024 general municipal election as required by law.
Section 9. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th 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 28th day of February, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
EXHIBIT A - PROPOSED ORDINANCE
ORDINANCE NO.
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
TEMECULA, ADDING SECTION 2.04.080 TO THE
TEMECULA MUNICIPAL CODE REGARDING TERM
LIMITS
THE PEOPLE OF THE CITY OF TEMECULA DO ORDAIN AS FOLLOWS:
Section 1. Section 2.04.080 is hereby added to the Temecula Municipal Code to read as follows:
"Term Limits. No person shall be eligible for nomination, appointment, and/or election to the office of Member of the City Council for more than three (3) four (4) year terms during their 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. This term limitation shall apply prospectively pursuant to Government Code Section 36502. Therefore, only those terms of office occurring after November 5, 2024 shall be counted towards the three -term limit. If any person is appointed or elected to a partial term of office of two years or less, that that term shall not be counted towards the three -term limit."
Section 2. This Ordinance shall be adopted if it receives a majority of the votes cast on it at the regular municipal election of November 5, 2024 and shall go into effect ten (10) days after the City Council declares the results of the vote of the November 5, 2024 election.
Section 3. The People hereby declare 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.
Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance to be published in accordance with the law.
PASSED, APPROVED, AND ADOPTED by the People of the City of Temecula at the General Municipal Election held on November 5, 2024.
ATTEST:
Randi Johl, City Clerk Mayor
[SEAL]
Item No. 15
CITY OF TEMECULA
AGENDA REPORT
TO: City Council
FROM: Aaron Adams, City Manager
DATE: February 28, 2023
SUBJECT: City Council Travel/Conference Report
PREPARED BY: Luisa Tovar, Executive Assistant
RECOMMENDATION: Receive and File.
On February 1, 2, 3, Council Member Jessica Alexander and Council Member Brenden Kalfus traveled to Universal City, CA to attend the League of California Cities New Mayors and Council Members Academy.
ATTACHMENTS: Itinerary
LEAGUE OF
CALIFORNIA
CITIES
Feb. 1-3, 2023 Universal City, CA
New Mayors and
rs
Find session m
WiFi Network:
Passcode: Ele
WEDNESDAY, FEB. 1
8:00 a.m.-4:00 p.m. I Registration Open
Grand Hall
9:00-11:00 a.m.
Harassment Prevention Training for Supervisors and Officials (AB 1661) Check in begins at
Grand Ballroom
8:30a.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. Anni Safarloo, Associate, Liebert Cassidy Whitmore 11:30 a.m.- 12:30 p.m.
Your Cal Cities and How To Use It
Grand Ballroom
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: Lori Ogorchock, Department Director, Mayors and Council Members Department and Council Member, Antioch
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
Grand Ballroom
1:45-3:15 p.m.
Developing an Effective City Council and City Manager Team: The Key to Good Governance and City Success
Grand Ballroom
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.
Introductory Remarks: Lisa Middleton, Second Vice President, League of California Cities and Council Member, Palm Springs
Moderator: Pat Martel, West Coast Regional Director, ICMA Speakers: Denise Davis, Council Member, Redlands
Charles Duggan, City Manager, Redlands
League of California Cities 2023 New Mayors and Council Members Academy
3:30-5:00 p.m
WEDNESDAY, FEB. 1
Your Legal Powers and Obligations; Open Government and Conflicts of Interest Grand Ballroom
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 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
Council Member, 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, FEB. 2
7:00a.m.-5:30p.m. I Registration Open
Grand Hall
7:30-9:00a.m.
Networking Breakfast
Studio Suites
7:45-9:45a.m.
Understanding Public Service Ethics Laws and Principles (AB 1234) Check -in begins at
Grand Ballroom
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 Speakers: Lauren Langer, Partner, Best Best & Krieger, LLP Megan Garbaldi, Partner, Best Best & Krieger, LLP
IO:0o-11:00a.m.
Policy Role in Land Use Planning
Grand Ballroom
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. John Minto, Immediate Past President, Mayors and Council Members Department and Mayor, Santee
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
Grand Ballroom
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 Nicolas Roma, Legislative Representative, League of California Cities Jessica Sankus, Senior Policy and Legislative Analyst, League of California Cities 12:30-1:30p.m.
Networking Lunch
Grand Ballroom
League of California Cities 3 2023 New Mayors and Council Members Academy
1:45-3:15 p.m
3:30-5:00 p.m
5:15-6:15 p.m
THURSDAY, FEB. 2
An Irregular Meeting of the City Council of Dysfunction Junction: The Do's and Don'ts of Conducting a Public Meeting
Grand Ballroom
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 Grand Ballroom
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: John Minto, Immediate Past President, Mayors and Council Members Department and Mayor, Santee
Speakers: Brandon Castillo, Partner, Bicker, Castillo & Fairbanks N. Richard Shreiba, Attorney, Burke, Williams & Sorensen, LLP Legislative Reception P/anned with CAL CITIES PARTNER
Starview Room, 21 st floor
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.
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, FEB. 3
7:30-11:00a.m. I Registration Open
Grand Hall
7:30-8:30a.m. Networking Breakfast
Grand Ballroom
8:30-11:45 a.m. Financial Responsibilities, City Revenues Workshop (Break 10:0o-10:i5a.m.) Grand Ballroom
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
Grand Ballroom
Speaker. Lori Ogorchock, Department Director, Mayors and Council Members Department and Council Member, Antioch
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
FLOOR PLAN
GREAT HALL
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
Item No. 16
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Director of Community Development
DATE: February 28, 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 month of January 2023.
CURRENT PLANNING ACTIVITIES
Planning processed twenty-nine (29) new applications and conducted one (1) Public Hearings in January 2023. A detailed account of planning activities is attached to this report.
Planning Statistics
January
2023
Conditional Use Permit
3 Development Plan
1 Maps
1 Massage Permits
3 Nlodifications
7 Pre-App
Temporary Use Permit
6 -Vendor Ii
Zonrn2 or Planning Letter
4 TOW
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)
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 Court within the Uptown Temecula Specific Plan. The Notice of Intent to approve this project has been circulated for public review until February 22, 2023 (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. The final document is available online and a large order of hard copies will be distributed in February. (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.
The Community Development Department will be holding a public workshop for the new Permit Ready ADU Program on February 22"d from 9:00 a.m. — 11:30 a.m. in the City of Temecula Conference Center (41000 Main Street). The purpose of the workshop is to showcase the streamlined process and the various plan options available for architects, contractors, real estate agents, and homeowners. (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.
P1aceWorks 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 City Council on February 28, 2023. (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. The requirements to implement the specified theft prevention measures of the Ordinance are not required until September 2023. (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 was approved at the January 1 Oth City Council Meeting and a kickoff is scheduled for February 6th 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 IAW AB 345. Additionally, ADU's would require all equipment (including window AC units) to be screened from the R-O-W and update the definition of guest house and secondary dwelling unit. Update PDO-4 & PDO-10 to require
restaurants that provide live entertainment comply with Chapter 9.10 Live entertainment License. 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 24, 2023. The item is scheduled for City Council on February 28th. (COLLINS)
WRCOG REAP Agreement (LR22-0664): An agreement between WRCOG and the City to provide consultation services to provide analysis of required municipal code updates as they relate to the new slate of housing laws, such as SB-9, ADU Laws, etc. Additionally, would evaluate changes to the municipal code required after the adoption of the 6th Cycle Housing Element. The cost is included as a benefit to member agencies of WRCOG. 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)
BUILDING & SAFETY
Building and Safety statistics for January 2023 are highlighted in the following table.
Building & safety Statistics January
2023
Permits 473
New Single Family Units 40
New Commercial Building 0
Photovoltaic
Tenant Improvemerrt 12
Non Construcrian C of D 34
Number of Attire Plan Checks 230
Number of New Plan Checks 102
Number of Finaled Permits 345
Inspections 3099
Inspections Per Day 154.95
Inspections Per Person Per Day 38.74
Stops Per hlonth 997
Visitors to Counter 1106
New Construction Projects Currently in Plan Check
❑ Mountain View Industrial Buildings — New Industrial Buildings (78, 0028 SF total) ❑ Vail Ranch Town Center - New Retail Building (6,100 SF total) B21-3796 ❑ Vail ranch Town Center Shell Building for Dental Office use - New Shell Office Building (7,071 SF) B22-1861
❑ Solana Winchester Hills - Eight (8) New Multi -Family Attached Homes (349 units + 1 rec Bldg) ❑ Jefferson Buecking Apartments - Six (6) New Multi -Family Apartment Buildings (260 units total, 1 leasing office w/ clubhouse building and 1 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) B22-4482 ❑ Temecula Express Carwash - New Carwash Building (6,240 SF w/ tunnel) B22-6461 Non -Construction Certificate of Occupancy
❑ Faith Auto Glass (3,696 SF)
❑ Temecula Valley Korean Presbyterian Church (11,440 SF) Tenant Improvement
❑ Parts Authority (9,103 SF)
❑ Pure BarreRestaurant (1,322 SF)
CODE ENFORCEMENT
During the month January, Code Enforcement responded to 107 web inquiries. In addition, the division opened 99 code cases, conducted 213 regular inspections, and forwarded 14 referrals.
Code Enforcement Statistics I ranuary I
_abandoned or Inoperable Vehicle
6 Vacant Home/ Prop. Maintenance . Infestation/
0 Business or Home Occupation w. o license. CLIP
3 Trash and Debris ;Dumping
14 Overgrown V egetation . Weeds. Fire Hazard
3 Green Pool / Vector Cowl f Stagnant Dater
1 Graffiti
14 Noise- Nuisance,'Animal Control
16 Trailer: RV Stored. Boat. Parkinsz
11 Con_stuctian wio Permit.Building Code
S
Encroach Public ROW. Trash Cans
9 Oning;Signs
1 4
Public Safety & Health
T W Number of Cases;
99 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties.
Forecle.%ve Statistics I January 2023
3iden ial - Default 35
ndenotial - Foreclosure
Eiden ial - REO 12
a] - Residential
Commercial - Default
Commercial - Foreclosure 1
Commercial - RED
Total - Commercial 1
ATTACHMENT: Current Planning Activity Report
PLANNING ACTIVITY REPORT
Assigned Planner Approval
PA Number Project Address APN Apply Date Date
Applicant
Company Owner Plan Type Status
PA23-0004 42613 Avenida Alvarado 909-290-079 Jaime Cardenas 01/03/2023 Mario Calvillo
Moshe Silagi PL Modifications Plan Review
Temecula, CA 92590
Case Title / Description: MS Mountainview Bldg 4 Parking MOD: a Modification Application to revise the site design so that parking can be increased from 39 to 48 parking spaces for the property located at 42613 Avenida Alvarado.
PA23-0007 27401 Ynez Rd 921-260-026 Jaime Cardenas 01/04/2023 01/10/2023 Christopher
Temecula Plaza PL Zoning or Completed
Temecula, CA 92591
Davidson
Center Planning Letter
Case Title / Description: Tower Plaza ZL: a Zoning Verification letter for the properties associated with Tower Plaza (APNs 921-260-026 and 921-270-055).
PA23-0008 30680 Rancho California Rd 921-700-016 Yannin Marquez 01/05/2023 01/31/2023 Gary Craig
PK I PALOMAR PL Temporary Approved
Temecula, CA 92591
VILLAGE Use Permit
Case Title / Description: Bob and Gary's Field Fresh Berries TUP: a Temporary Use Permit (Major) for a strawberry stand located at the southeast corner of 30680 Rancho California Road from 02/01/2023 to 07/31/2023 from 9 a.m. to 7 p.m.
PA23-0009 27895 Diaz Rd 921-040-010 Yannin Marquez 01/06/2023 Jose Lafranco
TEMECULA PL Vendor Plan Review
Temecula, CA 92590
MASONIC License
TEMPLE ASSN
Case Title / Description: Lanfranco hotdog Vendor Cart: an Outdoor Vendor License application for a stationary hotdog cart on the east side of the building 27895 Diaz Road to operate Monday through Friday from 8 a.m. to 5 p.m.
PA23-0011 916-400-061 Scott Cooper 01/09/2023
Marcus
0 HOEHN PL Temporary Plan Review
Temecula, CA
Rethwisch
ENTERPRISE 5 Use Permit
TEMECULA
Case Title / Description: Solana Winchester Construction Trailer TUP: A Temporary Use Permit to allow for a temporary construction trailer off site throughout the construction of the Solana Winchester apartment project.
PA23-0014 964-770-011 Scott Cooper 01/09/2023
Dena Upp
escrow acct WOODSIDE 05S PL Modifications Plan Review
Temecula, CA 92591
5074 authorized
user
Case Title / Description: Sommers Bend PA 19, 20B, 21 HPR MOD: A Modification (Planning Review Only) to a previously approved HPR's (PA22-0494, PA22-0495, PA22-0496) including the addition of a super entry, 9'-0" tall garage doors, sliding glass doors, transom windows.