Agenda — Temecula City Council, May 23, 2023 (part 2 of 2)

5.9 Attorneys' Fees. If Trustee or the Beneficiary shall be made parties to or shall intervene in any action or proceeding affecting the Property or the title thereto or the interest of Trustee or the Beneficiary under this Deed of Trust, or if the Beneficiary employs an attorney to collect any or all of the indebtedness hereby secured or to foreclose this Deed of Trust, or authorizes Trustee to conduct trustee's sale proceedings hereunder, then Trustee and the Beneficiary shall be reimbursed by Borrower, immediately and without demand, for all reasonable costs, charges and attorney fees incurred by them or either of them in any such case whether or not suit be commenced, and the same, together with interest thereon from the date of payment at the rate of the lesser of. (a) the maximum rate permitted by law; or (b) ten percent (10%) per annum, shall be secured hereby as provided in paragraphs 4.5, 4.6, and 4.7.

5.10 Exercise of Remedies; Delay. No exercise of any right or remedy by the Beneficiary or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay by the Beneficiary or Trustee in exercising any such right or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof during the continuance of any default hereunder.

5.11 Trustee Substitution. The irrevocable power to appoint a substitute trustee or trustees hereunder is hereby expressly granted to the Beneficiary, to be exercised at any time hereafter, without specifying any reason therefor by filing for record in the office where this Deed of Trust is recorded a deed of appointment, and said power of appointment of successor trustee or trustees may be exercised as often as and whenever the Beneficiary deems advisable. The exercise of said power of appointment, no matter how often, shall not be deemed an exhaustion thereof, and upon recording of such deed or deeds of appointment, the trustee or trustees so appointed shall thereupon, without further act or deed of conveyance, succeed to and become fully vested with identically the same title and estate in and to the Property hereby conveyed and with all the rights, powers, trusts and duties of the predecessor in the trust hereunder, with the like effect as if originally named as trustee or as one of the trustees.

5.12 Uniform Commercial Code Security Agreement, Financing Statement and Fixture (a) This Deed of Trust is a security agreement and financing statement under the Uniform Commercial Code for the benefit of the Beneficiary as secured party for any of the items specified above as part of the Property which, under applicable law, may be subject to a security interest pursuant to the Uniform Commercial Code, and Borrower hereby grants the Beneficiary a security interest in said items. This Deed of Trust is filed as a fixture filing and covers goods which are or are to become fixtures. The address of the Beneficiary (secured party) from which information concerning the security interest may be obtained and the mailing address of Borrower (debtor) are set forth in this Deed of Trust. The types or items of collateral are described in paragraph 1 of this Deed of Trust. Borrower agrees that the Beneficiary may file any appropriate document in the appropriate index as a financing statement for any of the items specified above as part of the Property. In addition, Borrower agrees to execute and deliver to the Beneficiary, upon the Beneficiary's request, and further authorizes the Beneficiary to file, with or without Borrower's signature, any financing statements, as well as extensions, renewals and amendments thereof, and reproductions of this instrument in such form as the Beneficiary may require to perfect a security interest with respect to said items. Borrower shall pay all costs of filing such financing statements and any extensions, renewals, amendments, and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements, and releases thereof, as the Beneficiary may reasonably require. Without the prior written consent of the Beneficiary, Borrower shall not create or suffer to be created pursuant to the Uniform Commercial Code any other security interest in said items, including replacements and additions thereto, except as otherwise expressly permitted in the Loan Documents. Upon an acceleration as provided in paragraph 5.8, the Beneficiary shall have the remedies of a secured party under the Uniform Commercial Code and, at the Beneficiary's option, may also invoke the other remedies provided in this Deed of Trust and Loan Documents as to such items. In exercising any of said remedies, the Beneficiary may proceed against the items of real property and any items of personal property specified above as part of the Property separately or together and in any order whatsoever,

without in any way affecting the availability of the Beneficiary's rights or remedies under the Uniform Commercial Code or of the other remedies provided in this Deed of Trust, in the Loan Documents, or by law.

Borrower agrees that the filing of any financing statement in the records normally having to do with personal property shall not be construed as anywise derogating from or impairing this Deed of Trust and the intention of the parties hereto that those portions of the Property herein declared part of the real estate are, and at all times and for all purposes and in all proceedings both legal or equitable shall be, regarded as part of the real estate irrespective of whether any such item is physically attached to the improvements or any such item is referred to or reflected in any such financing statement so filed at any time.
(b) Similarly, the mention in any such financing statement of (i) compensation for damage to or destruction of the Property by insured casualty, or (ii) any judgment, award, or other compensation for a taking of the Property by eminent domain, or (iii) the rents, royalties, issues, accounts and profits of the Property under leases, shall never be construed as altering in any manner any of the Beneficiary's rights as determined by this Deed of Trust or impugning the priority of the Beneficiary's lien granted hereby or by any other recorded document, but such mention in the financing statement is declared to be for the protection of the Beneficiary in the event that any court or judge shall at any time hold with respect to (i), (ii) or (iii) of this paragraph that notice of the Beneficiary's priority of interest to be effective against a particular class of person, including without limitation the federal government or any subdivision or entity thereof, must be filed as provided for in the Uniform Commercial Code.

5.13 Remedies Cumulative. No remedy herein contained or conferred upon the Beneficiary or Trustee is intended to be exclusive of any other remedy or remedies afforded by law or by the terms hereof to the Beneficiary or Trustee but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity.

5.14 Successors, Assigns, Gender, Number. The covenants and agreements herein contained shall bind, and the benefit and advantages shall inure to, the respective heirs, executors, administrators, successors and assigns of the parties. Wherever used, the singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders.

5.15 Headings. The headings are inserted only for convenience of reference and in no way define, limit, or describe the scope or intent of this Deed of Trust, or of any particular provision thereof, or the proper construction thereof.

5.16 Actions on Behalf of the Beneficiary. Except as otherwise specifically provided herein, whenever any approval, notice, direction, consent, request or other action by the Beneficiary is required or permitted under this Deed of Trust, such action shall be in writing.

5.17 Terms. The words "the Beneficiary" means the Beneficiary or any future owner or holder, including pledgee, of the indebtedness secured hereby.

5.18 Obligations of Borrower. If more than one person has executed this Deed of Trust as "Borrower," the obligations of all such persons hereunder shall be joint and several.

5.19 Miscellaneous Provisions.
(a) Beneficiary Statement. The Beneficiary shall charge a fee for furnishing the statement in accordance with California Civil Code Section 2943. (b) Severability. If any provision of this Deed of Trust shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
(c) Indemnification. Borrower shall indemnify and hold the Beneficiary, its officers and agents, harmless against any and all losses, claims, demands, penalties and liabilities which the Beneficiary, its officers or agents may sustain or suffer by reason of anything done or omitted in good faith pursuant to or in connection with this Deed of Trust and not assert any claim against the Beneficiary, its officers or agents by reason of any action so taken or omitted. Borrower shall, at Borrower's expense, defend, indemnify, save and hold the Beneficiary, its officers and agents harmless from any and all claims, demands, losses, expenses, damages (general, punitive or otherwise), causes of action (whether legal or equitable in nature) asserted by any person, firm, corporation or other entity arising out of this Deed of Trust. Borrower shall pay the Beneficiary upon demand all claims, judgments, damages, losses or expenses (including reasonable legal expense) incurred by the Beneficiary as a result of any legal action arising out of this Deed of Trust. Notwithstanding the foregoing, the Borrower shall not be obligated to indemnify the Beneficiary against loss to the extent resulting from the active negligence or willful misconduct of the Beneficiary.
(d) Estoppel Certificate. When requested by the Beneficiary, from time to time, the Borrower shall execute an estoppel certificate in favor of the Beneficiary, which certificate shall certify as to the absence of any default by the Beneficiary in the performance of its obligations hereunder or, if any such defaults exist, their existence as of the date of the certificate. (e) Set-off. Borrower shall not, under any circumstances, fail or delay to perform (or resist the enforcement of) any of its obligations to the Beneficiary in connection with this Deed of Trust or any other contract, note or instrument executed by Borrower in favor of the Beneficiary because of any alleged offsetting claim or cause of action against the Beneficiary (or any indebtedness or obligation of the Beneficiary) which has not been confirmed in a final judgment of a court of competent jurisdiction (sustained on appeal, if any) against the Beneficiary.

Borrower hereby waives any such rights of set-off (or offset) which it might otherwise have with respect to any such claims or causes of action against the Beneficiary or any such obligations or indebtedness of the Beneficiary, unless and until such right of set-off (or offset) is confirmed and liquidated by such final judgment. Borrower further waives any right which it might otherwise have (if any) to require a marshalling of any security of the Beneficiary, or to direct the order in which the Beneficiary pursues its rights or remedies with respect to any of its security.

5.20 Priority. This Deed of Trust, regardless of order of recordation, is junior and subordinate to the Regulatory Agreement recorded substantially contemporaneously herewith.

IN WITNESS WHEREOF, Borrower has executed this Deed of Trust on the day and year set forth above. Borrower shall be deemed to have requested that a copy of any notice of default and of any notice of sale hereunder be mailed to it at its address in the first paragraph of this Deed of Trust.

BORROWER:

HABITAT FOR HUMANITY INLAND VALLEY, INC.
wo
Tammy Marine, Executive Director
Exhibit A - Legal Description

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature (Seal)

EXHIBIT "A"

DESCRIPTION OF LAND

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF California, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA.

TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOTS, AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-016)
AND
LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF California, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS,_IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-010)
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EXHIBIT "K"

FORM OF BUYER REGULATORY AGREEMENT
(Attached.)
11086-0001 \2783528v4.doc

RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: City Manager
With copies to:

Habitat for Humanity Inland Valley, Inc.
27475 Ynez Road, # 390
Temecula, CA 92591
Attn: Executive Director
and to:

APN:

SPACE ABOVE THIS LINE FOR

RECORDER'S USE
Recording Fee: Exempt pursuant to California Government Code Section 27383.

AFFORDABLE HOUSING COVENANT AND REGULATORY AGREEMENT

THIS AFFORDABLE HOUSING COVENANT AND REGULATORY AGREEMENT (this "Agreement") is dated as of , 2023 and is entered into by and among the (the "Owner") and the CITY OF TEMECULA ("CITY") and
HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation ("Habitat").

RECITALS
A. This Agreement is executed, delivered and recorded under and in accordance with a Disposition and Development Agreement between the Owner and the City ("DDA") because the land sold by City to Habitat pursuant to such DDA was purchased with low income set aside funds, and all or a portion of a construction loan being made by City to Developer under the DDA is being made with low income set aside funds.

B. However, this Agreement is also intended to constitute, and shall also serve as a "density bonus agreement" in connection with any density bonus zoning/land use concessions granted by the CITY for the housing project developed by Habitat that include the Affordable Unit encumbered by this Agreement, and consequently, shall not be recorded after, or subordinate (or 11086-0001 \2783528v4.doc

subordinated) to, any deeds of trust, including without limitation any deed of trust securing any purchase money loan in favor of Owner.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1. Definitions. For purposes of this Agreement, the terms listed below shall have the meanings thereinafter specified.
(a) Affordable Housing Cost means a housing cost which does not exceed the limits set forth in California Health and Safety Code Section 50052.5(b), as amended from time to time and the applicable regulations for such statute, and for the purposes hereof, the term "housing cost" shall include association fees and shall otherwise have the meaning ascribed to such term in Title 25 of the California Code of Regulations Section 6920, as such regulation may be amended from time to time, and the term "Gross Income" shall have the meaning ascribed to such term in Title 25 of the California Code of Regulations Section 6914, as such regulation may be amended from time to time, or other applicable regulations.
(b) Homeowner or Owner means any person (or persons) who has (or have) purchased the Affordable Unit.
(c) Tenant means any person (or persons) who has (or have) leased the Affordable Unit; any such lease shall be a breach and violation of this Agreement, as the Affordable Unit must be and remain owner -occupied.
(d) Term means forty-five (45) years from the date of recording hereof. (e) [FOR ONE UNIT J [Low Income Household means a person, family or household that meets the income qualification limits set forth in California Health and Safety Code Section 50079.5 (not more than 80% of AMI, adjusted for family size appropriate to the unit) Title 25 of the California Code of Regulations Section 6910, et seq., as such statutes and regulations may be amended from time to time, and any successor statutes and regulations thereto.] [FOR THE OTHERS:]
[Very Low Income Household means a person, family or household that meets the income qualification limits set forth in California Health and Safety Code Section 50105 (not more than 50% of AMI, adjusted for family size appropriate to the unit), and Title 25 of the California Code of Regulations Section 6910, et seq., as such statutes and regulations may be amended from time to time, and any successor statutes and regulations thereto.]

2. Restrictions on Sale, Lease, Transfer. Owner shall not sell, convey or transfer any of the Affordable Units or enter into an agreement to do so, except as expressly permitted by the terms of this Agreement. There shall be no leasing of the Affordable Unit; Homeowner must occupy the Affordable Unit as its sole residence.

3. Covenants to Maintain Affordability and Occupancy. During the Term, sales of the Affordable Units by any Homeowner (i.e., any owner of the Affordable Unit who buys an Affordable Unit after the date of this Agreement) shall be to a [Low Income 11086-0001 \2783528v4.doc

Household] [OR] [Very Low Income Household] at a sales price that results in an Affordable Housing Cost for that household, as applicable.

4. Sale/Resale Price Controls and Procedures.
(f) Owner shall notify any proposed purchaser in writing prior to the proposed purchaser's execution of escrow instructions, purchase and sale agreement or similar agreement, whichever is earliest, that the title to the Affordable Unit is and will be restricted in the manner described herein, and shall deliver a copy of this recorded Agreement to the purchaser at that time.

Owner shall deliver to Habitat and CITY a copy of such written notification. (g) For the purpose of confirming that a proposed purchaser is a Very Low Income Household or a Low Income Household (as applicable) that will be paying a purchase price that is in compliance with the terms hereof, the Owner shall notify Habitat and the City in writing of any offer from a prospective purchaser which the Owner intends to accept, and shall provide Habitat and the CITY with the following:
(i) Name and address of the purchaser.
(ii) Number of persons comprising the purchaser's household and their names and ages.
(iii) Proposed purchase price of the Affordable Unit, and any other consideration for the purchase of the Affordable Unit.
(iv) Amount of down payment.
(v) Terms of any loan that will be used by the purchaser to finance the purchase of the Affordable Unit, including, but not limited to, principal, interest rate, term, and loan fees.
(vi) Closing date.
(vii) Aggregate annual income of the purchaser's household. (viii) Most recent federal and state income tax returns of the purchaser and all other members of the purchaser's household for the preceding two (2) calendar years, and verification of the proposed purchaser's salary or wages from the purchaser's employer. (ix) Copy of any proposed purchase and sale agreement, escrow instructions, loan application, and other agreements between the Owner and Homeowner/ proposed purchaser relating to the Affordable Unit.
(x) A written statement signed by the proposed purchaser that the Affordable Unit will be occupied by the purchaser and used as his or her primary residence, and that the Affordable Unit will not be leased.
11086-0001 \2783528v4.doc

(xi) Any and all other deeds of trust, promissory notes and any other documents that are contemplated by such purchase agreement or otherwise required by Owner of the applicable Homeowner/purchaser in connection with the sale, for reasonable approval by the Habitat.
(h) Habitat and the City Manager of the CITY may require the purchaser to submit other written documentation to verify the information set forth herein and to determine that the income and Affordable Housing Cost restrictions of this instrument shall be satisfied. If Habitat and City receive all such information, within 21 days of Habitat's receipt of same, then Habitat shall determine whether the prospective purchaser is qualified to purchase the Affordable Unit and shall thereafter notify the Owner and City in writing that the prospective sale is authorized and approved, or that the prospective purchaser does not qualify to purchase the Affordable Unit or that the sales price does not constitute an Affordable Housing Cost. (i) If Habitat notifies the Owner and City that the proposed sale is authorized and approved, the Owner shall proceed to complete the sale of the Affordable Unit within sixty (60) days after the date of such approval, and shall send Habitat and City a copy of the escrow instructions and purchase agreement, and a copy of the recorded deed, and any deeds of trust and promissory notes they secure, promptly after the close of escrow. 0) If Habitat or the City Manager notifies the Owner that the proposed sale does not comply with this Agreement, then the sale shall not occur.

5. Remedies. In addition to all of its rights and remedies available for Owner's breach of this Agreement, upon a breach of this Agreement by any Homeowner, CITY may demand payment of the outstanding principal and accrued interest under the Promissory Note executed by Owner in favor of City. CITY and Habitat may also obtain specific performance of this Agreement and/or injunctive relief, and may evict any tenant, it being understood that no leasing is permitted, and the Property must be and remain owner - occupied. Each of City and Habitat may exercise remedies without the involvement or consent of the other.

6. Successors and Assigns; Covenants to Run With the Land. The covenants and restrictions contained herein shall run with the land for the term of this Agreement and shall be a burden upon each Affordable Unit and shall be enforceable by the CITY and Habitat against each Owner/Homeowner and the successors -in -interest of the Owner/Homeowner, and all tenants of an Affordable Unit.

7. Independent and Severable Provisions. In the event that any provision of this instrument is held by a court of competent jurisdiction to be unenforceable or invalid, such holding shall not render unenforceable any other provision hereof, each provision hereof being expressly severable and independently enforceable to the fullest extent permitted by law.

8. Further Assurances. The CITY, Habitat, and any Homeowner/Owner, or any successor -in -interest or tenant shall execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such further instruments and agreements and do 11086-0001 \2783528v4.doc

such further acts as may be necessary, desirable or proper to carry out the purposes of this Agreement.

9. No Waiver. No waiver by the CITY or Habitat of its rights hereunder, or of any breach by the Owner/Homeowner of any covenant, restriction, or condition herein contained, shall be effective unless such waiver is in writing, signed by the CITY or Habitat, as applicable, and delivered to the Owner/ Homeowner, as applicable. Any waiver by the CITY or Habitat of its power to terminate any covenant, restriction, or condition herein contained, or the failure by the CITY or Habitat to exercise any right or remedy with respect to any breach or breaches, shall not constitute a waiver or relinquishment for the future of any rights regarding subsequent sales, or of any such covenant or condition nor bar any right or remedy of the CITY or Habitat in respect of any subsequent breach.

10. Notices. All notices to be delivered to the parties pursuant to the terms hereof shall be in writing and shall be delivered in person or by certified mail, return receipt requested, or by reputable overnight delivery service (such as Federal Express) to the addresses listed below.

Any of the following addresses may be changed by written notice given in accordance with this Section.

City: City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: City Manager
Owner/Homeowner: To the Affordable Unit.

Habitat: Habitat for Humanity Inland Valley, Inc.
27475 Ynez Road, # 390
Temecula, CA 92591
Attn: Executive Director

11. Entire Agreement. This instrument constitutes the entire agreement of the parties hereto, and the provisions hereof may be modified or amended only by a written instrument signed by the party to be charged.

12. Attorneys' Fees. In any action brought to declare the rights granted herein or to enforce or to interpret any of the terms of this Agreement, the prevailing party shall be entitled to an award of its attorneys' fees and costs.

HOMEOWNER:

Print Name:
11086-0001 \2783528v4.doe

Print Name:

HABITAT:

HABITAT FOR HUMANITY INLAND
VALLEY, INC.,
a California nonprofit public benefit
corporation
LO-A
Executive Director
CITY:

CITY OF TEMECULA
L60
, City Manager
11086-0001 \2783528v4.doc

EXHIBIT "A"

DESCRIPTION OF LAND

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOTs, AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-016)
AND
LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF California, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, -IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

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

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

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

WITNESS my hand and official seal.

Signature
(Seal)
-1-
11086-0001 \2783528v4.doe

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

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

WITNESS my hand and official seal.

Signature
(Seal)
J-2
11086-0001 \2783528v4.doc

EXHIBIT "L"

FORM OF SUBORDINATION AGREEMENT
(Attached.)
L-1
11086-0001 \2783528v4.doc

RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: City Clerk
with a copy to:

County of Riverside
Director of HWS
3403 loth Street, Suite 300
Riverside, CA 92501

SPACE ABOVE THIS LINE FOR RECORDER'S USE

SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR DEED OF

TRUST/SECURITY INTEREST IN THE PROPERTY DESCRIBED HEREIN

BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN ANOTHER DEED OF

TRUST AND TO REGULATORY AGREEMENTS WHICH RESTRICTS THE USE AND

RESALE PRICE OF YOUR REAL PROPERTY COLLATERAL AND DECREASE THE VALUE THEREOF.

THIS SUBORDINATION AGREEMENT ("Subordination Agreement") is dated 2023, and is entered into by and among, HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation and the owner ("Owner") of the land described on Exhibit "A" and the improvements thereon ("Property"), the COUNTY OF RIVERSIDE, as the present owner and holder of and beneficiary under a deed of trust hereinafter described (hereinafter referred to as "County Beneficiary"), and the CITY OF TEMECULA as the present owner and holder of and beneficiary under another deed of trust hereinafter described and party to an Affordable Housing Covenant and Regulatory Agreement (hereinafter referred to as "City ").

RECITALS
A. County Beneficiary has made or intends to make a loan to Owner which will be secured by a deed of trust on the Property entitled "Deed of Trust with Assignment of Rents" ("County Deed of Trust") recorded or to be recorded in the Official Records of Riverside County, California ("Official Records").

B. City has made or intends to make a loan to Owner which will be secured by another deed of trust on the same Property, entitled "Deed of Trust With Assignment of Rents, Security 11086-0001 \2783528v4.doe

Agreement and Fixture Filing ("City Deed of Trust") recorded or to be recorded in the Official Records.

C. City has required as a condition to its loan that Owner execute and record an Affordable Housing Covenant and Regulatory Agreement in favor of City on the Property ("City/Habitat Regulatory Agreement").

D. The City and the City/Habitat Regulatory Agreement has also required that upon the sale of each of the six (6) homes on the Property by Owner, who is developing the homes for sale, each such buyer execute and record a similar Affordable Housing Covenant and Regulatory Agreement which applies specifically to the home purchased, and replaces the City/Habitat Regulatory Agreement as to that specific home ("City/Buyer Regulatory Agreement").

E. City requires that the City Deed of Trust, the City/Habitat Regulatory Agreement and any future City/Buyer Regulatory Agreement not be extinguished upon a foreclosure of the County Deed of Trust, and that Owner and County Beneficiary execute, acknowledge and deliver this Subordination Agreement for recording in the Official Records in order to confirm that the County Deed of Trust will be subordinate to the City Deed of Trust, the City Regulatory Agreement and all future City/Buyer Regulatory Agreements.

F. City would not make its loan without this Subordination Agreement.

NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the sufficiency of which is hereby acknowledged, County Beneficiary confirms and agrees that the County Deed of Trust in favor of County Beneficiary is hereby subordinated to the City Deed of Trust, the City/Habitat Regulatory Agreement and all future City/Buyer Regulatory Agreements.

OWNER:

HABITAT FOR HUMANITY INLAND VALLEY,
INC.

Uzz
Tammy Marine, Executive Director
CITY:

CITY OF TEMECULA
LO-A
Aaron Adams, City Manager
11086-0001 \2783528v4.doc

COUNTY BENEFICIARY:

COUNTY OF RIVERSIDE
By: _
Name:

Title:
11086-0001 \2783528v4.doc

EXHIBIT "A"

DESCRIPTION OF LAND

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

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

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

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

WITNESS my hand and official seal.

Signature
(Seal)
11086-0001 \2783528v4.doc

State of California
County of
=1
202, before me,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature
(Seal)
11086-0001 \2783528v4.doe

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

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

WITNESS my hand and official seal.

Signature
(Seal)
11086-0001 \2783528v4.doc

fil6T.Im

RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: City Clerk
with a copy to:

Habitat for Humanity Inland Valley, Inc.
41615 Winchester Road, Suite 214
Temecula, CA 92590
Attn: Executive Director
APNs: 922-062-010 and 016
Exempt From Recording Fee Pursuant to Government Code § 27383

NOTICE OF AFFORDABILITY RESTRICTIONS

ON TRANSFER OF PROPERTY
Important notice to owners, purchasers, tenants, lenders, brokers, escrow and title companies, and other persons, regarding affordable housing restrictions on the real property described in this Notice: Affordable housing restrictions have been recorded with respect to the property described below (referred to in this Notice as the "Site") which require that the Site be as affordable housing (the "Project") and that the home thereon be sold to and occupied by persons and households of limited income, at an a price which results in an affordable housing cost.

Title of Document Containing Affordable Housing Restrictions: Affordable Housing Covenant and Regulatory Agreement signed by Developer (defined below) and replacements thereof as to individual homes signed by each homebuyer permitted under such initial Affordable Housing Covenant and Regulatory Agreement (individually and collectively, the "Agreement").

Parties to Agreement: Habitat for Humanity Inland Valley, Inc., a California nonprofit public benefit corporation ("Developer")(and each homebuyer as to subsequent Affordable Housing Covenants and Regulatory Agreements for individual homes), and the City of Temecula ("City").

The Agreement is recorded concurrently with this Notice, in the Official Records of Riverside County.

Legal Description of Site: See Exhibit "A" attached hereto and incorporated herein by this reference.

Site Location: See Exhibit "A".
-1-
11086-0111 \2557672v2.doc

Assessor's Parcel Numbers of Site: 922-062-010 and 016
Summary of Agreement:
o The Agreement restricts all 6 of the homes being constructed/developed on the Site.
o The Agreement restricts the sale of five of the homes to households that are very low income households, as described in California Health and Safety Code Section 50105 and 25 California Code of Regulations Section 6910; and one home to a household that is a low income household, as described in California Health and Safety code Section 50079.5 and 25 California Code of Regulations Section 6910.
o The Agreement restricts the sales prices of the homes to a price that will result in an affordable housing cost as described in California Health and Safety Code Section 50052(b) and 25 California Code of Regulations Section 6210.

Term; Subsequent Similar Agreement to be Executed/Recorded by Each Homebuyer:

The Term of the Agreement continues until each home is sold; the Agreement requires the applicable home buyer to execute and record a similar agreement restricting the applicable home for forty-five (45) years after it is initially purchased to buyers of the same income category as the seller, and a price that results in an affordable housing price (as defined above) .

This Notice does not contain a full description of the details of all of the terms and conditions of the Agreement or subsequent 45 year agreement. You will need to obtain and read the Agreement to fully understand the restrictions and requirements which apply to the Site, and you will need to obtain and read the subsequent 45 year agreement to fully understand the restrictions and requirements that apply to a particular home after it is initially sold.

This Notice is being recorded and filed in compliance with Health and Safety Code Section 33334.3(f).

Date: , 2023
CITY:

CITY OF TEMECULA
By:

Print Name:

Title:
11086-0111 \2557672v2.doc
-2-

DEVELOPER:

HABITAT FOR HUMANITY INLAND VALLEY,
INC.

Print Name:

Title:
-3-
11086-0111 \2557672v2.doe

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

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

WITNESS my hand and official seal.

Signature
(Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Signature
(Seal)
-4-
11086-0111 \2557672v2.doc

EXHIBIT "A"

LEGAL DESCRIPTION OF SITE

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF

TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA.

TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON

THE SOUTH SIDE OF SAID LOTS, AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
(APN: 922-062-016)
AND
LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF

TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, -IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON

THE SOUTH SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
(APN: 922-062-010)
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TEMECULA REDEVELOPMENT PROJECT

TEMECULA, CALIFORNIA

SUMMARY REPORT PERTAINING TO THE PROPOSED CONVEYANCE

OF CERTAIN PROPERTY WITHIN THE

REDEVELOPMENT PROJECT AREA
California Community Redevelopment Law
Section 33433

PURSUANT TO THE

DISPOSITION AND DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF TEMECULA
AND
HABITAT FOR HUMANITY INLAND VALLEY, INC.

Temecula, California
April 2023

TABLE OF CONTENTS
Page
I. Introduction........................................................................................................................................ 1 II. Costs of the Agreement to the City..................................................................................................... 4 III. Estimated Value of the Interest to be Conveyed at the Highest and Best Use Permitted Under the RedevelopmentPlan...........................................................................................................................5 IV. Estimated Value of the Interest to be Conveyed at the Use and with the Conditions, Covenants, and Development Costs Required by the Agreement........................................................................ 6 V. Compensation which the Developer will be Required to Pay 0 VI. Explanation of the Difference, if any, between the Compensation to be Paid to the City by the Proposed Transaction and the Fair Market Value of the Interest to be Conveyed at the Highest and Best Use Consistent with the Redevelopment Plan..........................................................................10 VII. Explanation of Why the Sale of the Property will Assist with the Elimination of Blight...................11 VIII. Limiting Conditions............................................................................................................................12

I. INTRODUCTION
A. Purpose of Report
This Summary Report was prepared in accordance with Section 33433 of the California Community Redevelopment Law in order to inform the City of Temecula (City) and the public about the proposed Disposition and Development Agreement (Agreement) between the City and Habitat for Humanity Inland Valley, Inc. (Developer).

As described in Table 1, the Developer intends to construct six (6) residential units (Homes) on a

0.46-acre site located west of Pujol Street and northerly of 15Y Street (Property) in the City of Temecula (City). The Property is located adjacent to an existing five -unit affordable single-family development completed by the Developer in 2008. The units planned for the Property will average 1,255 square feet (SF) with attached private garages (Project).

This Report describes and specifies:

1. The costs to be incurred by the City under the Disposition and Development Agreement (Agreement);

2. The estimated value of the interest to be conveyed by the City to the Developer at the highest and best use permitted under the Redevelopment Plan;

3. The estimated value of the interest to be conveyed at the proposed use and with the conditions, covenants, and development costs pursuant to the proposed Agreement;

4. The compensation to be paid to the City pursuant to the proposed transaction;

5. An explanation of the difference, if any, between the compensation to be paid to the City under the proposed transaction and the fair market value at the highest and best use consistent with the Redevelopment Plan; and

6. An explanation of why the conveyance of the interest will assist with the elimination of blight.

B. Summary of Findings
The City engaged its economic consultant, Keyser Marston Associates, Inc. (KMA), to analyze the financial terms contained in the proposed Agreement. KMA reviewed the draft Agreement under discussion between the City and the Developer as of the date of this Report. The KMA conclusions Section 33433 Summary Report — Habitat Way 11 Page 1
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are summarized as follows:
• The estimated costs of the Agreement to the City total $824,000. • The estimated fair market value of the interest to be conveyed at its highest and best use is $561,000.
• The estimated fair re -use value of the interest to be conveyed is negative $700,000. • The estimated value of the compensation to be received by the City is negative $700,000.

C. Description of Area and Proposed Project
Old Town Temecula was founded in the 1880s and is considered the heart of Temecula. The Old Town area is characterized as a unique and historic environment with a distinct western theme that is present in its streetscape and architecture. The historic neighborhood offers its residents and tourists a variety of specialty shopping, dining, and entertainment uses.

Table 1 describes the physical characteristics of the proposed Project. The proposed Project will contain six (6) attached homes on a 0.46-acre site on Pujol Street in Temecula. The Property is currently owned by the City. The proposed Project will be comprised of three -bedroom units, with an average size of 1,255 SF. The entire Project will be affordable to Very Low -Income households (earning up to 50% of Area Median Income [AMI)) and Low -Income households (earning up to 80% of AMI).

D. Proposed Transaction Terms
This section summarizes the salient aspects of the business terms contained in the proposed Agreement.
• The City will convey fee simple interest in the Property to the Developer. • The Developer will pay the City $561,000 for the Property in the form of a City Loan (Purchase Money Loan).
• The City will contribute a total of $700,000 to the Project in the form of a City Loan (Construction Loan).
• The Developer will construct six (6) residential units (Homes) comprising five (5) units affordable to Very Low -Income households and one (1) unit affordable to a Low -Income household.

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• It is the responsibility of the Developer to ensure that applicable City zoning and land use requirements will permit development of the proposed Project. • The Developer will be responsible for all development costs, including off -site improvements, site preparation and grading, and construction of the Project. • It is the responsibility of the Developer to conform to all applicable Federal and State labor laws including requirements, if any, to pay prevailing wages. • Close of Escrow shall occur no later than July 28, 2023. • In the event of default by the Developer, principal and interest on the City Loans will be immediately due. Interest will accrue from the date of the Loan at the lesser of 7% simple interest or the maximum rate allowed by law.
• The Developer will provide interest -free, long-term senior or first lien financing to the homebuyers.
• Homes will be restricted for Very Low- and Low -Income households for a term of 45 years.

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II. COSTS OF THE AGREEMENT TO THE CITY
The estimated costs of the Agreement total $824,000, reflecting all costs incurred by the City. These costs include the following items:

City Costs
Amount
Original Acquisition Cost (1)
$84,000
Third Party Costs (2)
$40,000
Subtotal
$124,000
Add: City Loan (Construction Loan)
$700,000
Add: City Loan (Purchase Money Loan)
$561,000
Subtotal
$1,385,000
(Less) Purchase Price received for Property
($561,000)
Total City Costs
$824,000
(1) Per City correspondence dated November 28, 2022. Parcels were acquired in 1992 and 2009. (2) Gross estimate; includes legal and economic consultants.

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III. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED AT THE HIGHEST AND BEST USE

PERMITTED UNDER THE REDEVELOPMENT PLAN
This section presents an analysis of the fair market value of the Property at its highest and best use.

In appraisal terminology, the highest and best use is that use of the Property that generates the highest property value and is physically possible, financially feasible, and legally permitted.

Therefore, value at highest and best use is based solely on the value created and not on whether or not that use carries out the redevelopment goals and policies for the City.

The Property is currently zoned SP-5, Old Town Specific Plan. This zoning allows for neighborhood residential use. The multi -family density allowed under this zoning is 35 units per acre.

The City contracted with Perdue Russell & Matthies Real Estate for an appraisal of the Property. The appraiser estimated the current market value of the Property as of March 3, 2023. The appraisal does not consider the specific conditions, covenants, and restrictions contained within the Agreement. The appraiser concluded the fee simple market value of the Property, as is vacant, to be $561,000. This land value translates to $28 per SF.

KMA conducted surveys of Old Town multi -family and mixed -use land sales and multi -family land sales throughout the Temecula Valley. The Old Town Specific Plan is a unique planning and regulatory document, and therefore it is difficult to adjust comparable sales from elsewhere in the Temecula Valley to reflect the value of property within Old Town. The appraiser's estimate of value for the Property reflects the upper end of the KMA surveyed comparables. Many of the surveyed comparable sales are inferior to the Property with respect to location, configuration, and/or prevailing market conditions at time of sale, suggesting that significant upward adjustments are warranted.

Conclusion
In view of the above considerations, KMA concurs with the appraiser's conclusion of value for the Property of $28 per SF. On this basis, then, KMA finds that the fair market value of the Property at its highest and best use is $561,000.

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IV. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED AT THE USE AND WITH THE

CONDITIONS, COVENANTS, AND DEVELOPMENT COSTS REQUIRED BY THE AGREEMENT This section explains the principal conditions and covenants which the Developer must meet in order to comply with the Agreement. The Agreement contains specific covenants and conditions designed to ensure that the conveyance of the Property will be carried out in a manner to achieve the City's objectives, standards, and criteria under the Redevelopment Plan. Based on a detailed financial feasibility analysis of the Project, KMA concludes that the fair re -use value of the interest to be conveyed is negative $700,000.

KMA estimated the re -use value of the interest to be conveyed based on the anticipated income characteristics of the proposed Project. Re -use value is defined as the highest price in terms of cash or its equivalent which a property or development right is expected to bring for a specified use in a competitive open market, subject to the covenants, conditions, and restrictions imposed by the Agreement.

KMA reviewed and analyzed the financial pro forma submitted by the Developer for the Project.

Tables 2 through 5 present the KMA residual value analysis for the proposed Project.

Estimated Development Costs
Table 2 summarizes estimated development costs for the Project.

Total development costs for the Project, excluding acquisition, are estimated at $2,656,000, or $353 per SF Gross Building Area (GBA), which equates to approximately $443,000 per dwelling unit. Total development costs consist of the following:
• Direct construction costs, such as off -site improvements, on -site improvements, building construction, and contingency. The total direct costs are estimated to be $1,793,000, or $238 per SF GBA. The estimate of direct costs does not assume the payment of prevailing wages. • Indirect costs, such as architecture and engineering, permits and fees, legal and accounting, taxes and insurance, developer fee, marketing/lease-up, and contingency. These are estimated to be $822,000, or 45.8% of direct costs.
• Financing costs, including loan costs and title/recording/escrow fees are estimated at $41,000, or

2.3% of direct costs.

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Net Present Value of Mortgage Payments to Developer (Net Sales Proceeds) Tables 3 and 4 present an estimate of the net proceeds from sale of the Homes in the Project. Net sales proceeds are based on the net present value of the mortgage payments to the Developer. The maximum mortgage amount that can be supported by Very Low -Income and Low -Income homebuyers are calculated in accordance with California Health and Safety Code (H&SC) §50052.5.

The mortgage payments (per -unit) are based on the appropriate household size for a given unit size and specific income thresholds. Per H&SC §50052.5, assignment of household size is based on the number of persons exceeding the number of bedrooms by one, as follows:

Assumed
Unit Size
Household Size
Three Bedroom

4.0 Persons
Based on this information and AMI figures for the County of Riverside, as determined by the State of California Department of Housing and Community Development (HCD) for 2022, the maximum supportable mortgage amounts for the Very Low -Income and Low -Income units are as follows:

Maximum Supportable
Unit Size
Income Level
Mortgage
Three Bedroom
Very Low -Income
$147,000
Three Bedroom
Low -Income
$255,000
The estimates of maximum supportable mortgage amounts assume that the Developer provides 30- year, 0% interest financing to each homebuyer. The below -market financing offered to the homebuyers substantially reduces the present value of the revenue stream received by the Developer. Assuming a 30-year term, the Developer is expected to receive monthly payments of $408 for each Very Low -Income unit and $708 for each Low -Income unit. The present value of this 30-year stream of payments, discounted at 4.5%, is estimated to average $91,000 per Home, reflecting total gross sales proceeds of $545,000. The net proceeds to the Developer total $529,000, after consideration of $16,000 in transaction costs, as shown below.

Net Present Value of Mortgage Payments to Developer
Total
Present Value of Mortgage Payments to Developer
(Less) Transaction Costs
$545,000
($16,000)
Net Present Value of Mortgage Payments to Developer
$529,000
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Supportable Funding Sources
As shown in Table 5, KMA estimates total available funding sources for the Project comprised of the following sources. The Developer has obtained an award of funding from the County of Riverside in the amount of $1,313,417.

Proceeds to Developer
Amount
Net Sales Proceeds
$529,000
County of Riverside
$1,313,000
Grants/Donations
$114,000
Total Proceeds to Developer (Rounded)
$1,956,000
The total funding sources of $1,956,000 represent reasonable estimates of the maximum amounts available for each funding source. The Developer bears the risk of pursuing these funding sources to ensure financial feasibility of the Project.

Residual Land Value
Table 5 also presents the KMA estimate of residual land value for the Property. The residual land value can be estimated as the difference between total available funding sources and total development costs. The comparison of total funding sources and total development costs yields a residual land value of the Property of negative $700,000, as shown below.

Residual Land Value
Amount
Total Sources of Funds
(Less) Total Development Costs — Excluding Acquisition
$1,956,000
($2,656,000)
Residual Land Value
($700,000)
Cnndutinn
Based on the foregoing analysis, KMA concludes that the fair re -use value of the Property is negative $700,000.

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V. THE COMPENSATION WHICH THE DEVELOPER WILL BE REQUIRED TO PAY This compensation to be received by the City for the Property under the terms of the Agreement is estimated to be negative $700,000.

Compensation to be Received by the City
Amount
Purchase Price
$561,000
(Less) Purchase Money Loan
($561,000)
(Less) Construction Loan
($700,000)
Compensation to be Received by the City
($700,000)
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VI. EXPLANATION OF THE DIFFERENCE, IF ANY, BETWEEN THE COMPENSATION TO BE PAID TO

THE CITY BY THE PROPOSED TRANSACTION AND THE FAIR MARKET VALUE OF THE

INTEREST TO BE CONVEYED AT THE HIGHEST AND BEST USE CONSISTENT WITH THE

REDEVELOPMENT PLAN
The fair market value of the interest to be conveyed at its highest and best use is estimated by KMA to be $561,000.

The compensation to be paid to the City pursuant to the Agreement is estimated by KMA to be negative $700,000.

Factors affecting the difference in compensation to the City and fair market value of the interest to be conveyed at highest and best use include:
• The Project will consist of for -sale homes restricted to Very Low- and Low -Income households for 45 years.
• The Developer plans to provide interest -free, long-term senior or first lien financing to the homebuyers.

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VII. EXPLANATION OF WHY THE SALE OF THE PROPERTY WILL ASSIST WITH THE ELIMINATION

OF BLIGHT
The Redevelopment Plan (Plan) for the Redevelopment Project Area governs the Property. In accordance with Section 33490 of the California Community Redevelopment Law, the Plan contains the goals and objectives and the projects and expenditures proposed to eliminate blight within the Project Area. These blighting factors include:
• The subdividing and sale of lots of irregular form and shape, and inadequate size, for proper usefulness and development.
• A prevalence of depreciated values and impaired investments.

Implementation of the proposed Agreement can be expected to assist in the alleviation of blighting conditions through the following:
• Consolidation of irregular parcels into a site appropriate for development. • Elimination of conditions of economic dislocation such as fragmented ownership patterns. • Creation of housing opportunities for Very Low- and Low -Income residents.

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VIII. LIMITING CONDITIONS
The estimates of re -use value and fair market value at the highest and best use contained in this Summary Report assume compliance with the following assumptions:

1. The ultimate development will not vary significantly from that assumed in this Report.

2. The title of the Property is good and marketable; no title search has been made, nor have we attempted to determine the ownership of the property. The value estimates are given without regard to any questions of title, boundaries, encumbrances, liens or encroachments. It is assumed that all assessments, if any are paid.

3. The Property will be in conformance with the applicable zoning and building ordinances.

4. Information provided by such local sources as governmental agencies, financial institutions, realtors, buyers, sellers, and others was considered in light of its source, and checked by secondary means.

5. If an unforeseen change occurs in the economy, the conclusions herein may no longer be valid.

6. The Developer will adhere to the schedule of performance described in the Agreement.

7. Both parties are well informed and well advised and each is acting prudently in what he/she considers his/her own best interest.

8. KMA is not advising or recommending any action betaken by the City with respect to any prospective, new, or existing municipal financial products or issuance of municipal securities (including with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues).

9. KMA is not acting as a Municipal Advisor to the City and does not assume any fiduciary duty hereunder, including, without limitation, a fiduciary duty to the City pursuant to Section 15B of the Exchange Act with respect to the services provided hereunder and any information and material contained in KMA's work product.

10. The City shall discuss any such information and material contained in KMA's work product with any and all internal and/or external advisors and experts, including its own Municipal Advisors, that it deems appropriate before acting on the information and material. attachments
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TABLE 1

PROJECT DESCRIPTION

HABITAT WAY II

CITY OF TEMECULA
I. Site Area
II. Gross Building Area (GBA)
Net Residential Area
Common Areas
Total Gross Building Area
III. Construction Type
IV. Number of Stories
V. Unit Mix
Three Bedroom
VI. Affordability Mix
50% AM -Very Low
80% AM - Low
Total
VII. Parking
Parking Type
Total Parking Spaces
Parking Ratio

0.46 Acres
7,530 SF
0 SF
7,530 SF
Type V
2 Stories
Average
Number of Units Unit Size
6 Units 1,255 SF
5 Units
83%
1 Unit
17%
6 Units
100%
Attached Garage
12 Spaces

2.0 Spaces/Unit
Prepared by: Keyser Marston Associates, Inc.

Filename i:\Temecula_Habitat_v12_33433;4/24/2023;rsp

Page 13 ends

TABLE 2

ESTIMATED DEVELOPMENT COSTS

HABITAT WAY II

CITY OF TEMECULA
Totals
Per Unit
Comments
I. Direct Costs (1)
Off -Site Improvements (2)(3)
$37,948
$6,325
$2 Per SF Site
On -Site Improvements/Landscaping (3)
$330,498
$55,083
$16 Per SF Site
Parking
$0
$0
Included below
Shell Construction (3)
$1,210,620
$201,770
$161 Per SF GBA
Amenities/FF&E
$0
$0
Allowance
Contingency
$214,131
$35,689

13.6% of Directs
Total Direct Costs
$1,793,197
$298,866
$238 Per SF GBA
II. Indirect Costs
Architecture & Engineering
$229,862
$38,310

12.8% of Directs
Permits & Fees (2)
$216,885
$36,148
$29 Per SF GBA
Legal & Accounting
$30,960
$5,160

1.7% of Directs
Taxes & Insurance
$48,180
$8,030

2.7% of Directs
Developer Fee
$292,465
$48,744

9.1% of Total Costs
Marketing/Sales
$3,714
$619

0.2% of Directs
Contingency
$0
$0

0.0% of Indirects
Total Indirect Costs
$822,066
$137,011

45.8% of Directs
III. Financing Costs
Loan Fees (4)
$15,050
$2,508

0.8% of Directs
Title/Recording/Escrow
$25,800
$4,300

1.4% of Directs
Total Financing Costs
$40,850
$6,808

2.3% of Directs
IV. Development Costs - without Acquisition $2,656,113 $442,686 $353 Per SF GBA Or Say (Rounded) $2,656,000
(1) Excludes the payment of prevailing wages.
(2) Per Developer; not verified by the City or KMA.
(3) Includes pro rata share of general requirements, contractor overhead, and contractor profit. (4) Reflects interest on construction loan from Developer's parent company.

Prepared by: Keyser Marston Associates, Inc. Page 14
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TABLE 3

ESTIMATED SUPPORTABLE MORTGAGE, BY AMI LEVEL

HABITAT WAY II

CITY OF TEMECULA
50% AMI 80% AMI
Very Low Low
A.

Percent of AMI
50%
70%
Number of Bedrooms
Three
Three
Assumed Family Size (1)

4.0 4.0
B.

Household Income (2)
$43,700
$61,180
Income Allocation to Housing
30%
30%
Amount Available for Housing
$13,110
$18,354
C.

Annual HOA (3)
$1,200
$1,200
Annual Utilities (4)
$3,336
$3,336
Annual Homeowner Insurance (5)
$1,463
$1,463
Tax Rate (6)

1.50%

1.50%
Annual Taxes (7)
$2,205
$3,825
D.

Available for Mortgage
$4,907
$8,531
E.

Interest Rate

0.0%

0.0%
F. Maximum Supportable Mortgage $147,000 1 $256,000
(1) As assigned by California Redevelopment Law.
(2) State of California Department of Housing and Community Development (HCD) 2022 income limits. (3) Allowance for structure insurance, maintenance, and reserves. (4) Per the Housing Authority of the County of Riverside 2022 Utility Allowance (Detached House) July 1, 2022. See Worksheet A.
(5) Per Developer correspondence dated 9/29/22, reflects homeowner insurance based on County of Riverside industry standard of 0.30% of market -rate sales price. (6) Per Developer correspondence dated 9/29/22, reflects the base tax rate for the area plus an additional amount to account for special assessments.
(7) Based on affordable unit price. Property tax assessment may be based on actual market value of home.

Prepared by: Keyser Marston Associates, Inc. Page 15
Filename i:\Temecula_Habitat_v12_33433;4/24/2023;rsp

TABLE 4

ESTIMATED PRESENT VALUE OF PAYMENTS TO DEVELOPER

HABITAT WAY II

CITY OF TEMECULA
I. Sales Price per Home - Unrestricted Market Value (1) II. Homebuyer Sources of Funds
50% AMI 80% AMI
Very Low Low
$487,500 $487,500
A.
1st Deed of Trust - Habitat
$147,000
$256,000
B.
2nd Deed of Trust - City Purchase Money Loan
$93,500
$93,500
C.
3rd Deed of Trust - City Construction Loan
$117,000
$117,000
D.
4th Deed of Trust - Habitat "Silent Second" Loan
$130,000
$21,000
E.

Sales Price per Home - Unrestricted Market Value
$487,500
$487,500
III. Calculation of Loan Payments
1st Mortgage - Habitat for Humanity $147,000 $256,000
Interest Rate 0.0% 0.0%
Term (Years) 30 30
Annual Payment $4,900 $8,500
Monthly Payment $408 $711
IV. Present Value of Mortgage Payments to Developer - Per Unit $81,000 $140,000 @ 4.5% Discount Rate
LU
Present Value of Mortgage Payments to Developer - Total Number of Units 5 1
Total Present Value of Mortgage Payments to Developer $405,000 $140,000 (Less) Transaction Costs @ 3.0% of Value 12 000 4 000
Net Present Value of Mortgage Payments to Developer $393,000 $136,000 Total Net Present Value of Mortgage Payments to Developer $529,000 I (1) Per Developer; reflects estimate of market -rate prices ($388 per SF).

Prepared by: Keyser Marston Associates, Inc.

Filename i:\Temecula_Habitat_v12_33433;4/24/2023;rsp Page 16

TABLE 5

RESIDUAL LAND VALUE

HABITAT WAY II

CITY OF TEMECULA
I. Net Sales Proceeds
II. Sources of Funds
County of Riverside
Grants/Donations
Total Sources of Funds
III. Total Proceeds to Developer
IV. (Less) Development Costs - Excluding Land Acquisition Total Per Unit
$529,000 (1) $88,000
$1,313,000
$219,000
114 000
$19,000
$1,427,000
$238,000
$1,956,000 $326,000
($2,656,000) 443 000
V. Residual Land Value ($700,000) ($117,000)
(1) Reflects net present value of mortgage payments to Developer. See Table 4.

Prepared by: Keyser Marston Associates, Inc.

Filename i:\Temecula_Habitat_v12_33433;4/24/2023;rsp Page 17

WORKSHEET A

UTILITY ALLOWANCES

HABITAT WAY II

CITY OF TEMECULA
A. Utilities (Annual) (i)
Number of Bedrooms 3
Electric Heat
$36
Electric Cooking
$14
Electrci Water Heater
$33
Other Electric (SCE)
$72
Air Conditioning
$34
Water
$29
Sewer
$33
Trash Collection
27 Total Utilities
$278
(1) Profile per Developer response dated 9/29/22. Source: Housing Authority of the County of Riverside 2022 Utility Allowance (Detached House) July 1, 2022.

Prepared by: Keyser Marston Associates, Inc.

Filename is Temecula_Habitat_v12_33433;4/24/2023;rsp

Page 18 ends

Notice of Public Hearing

THE CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590
A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below.

APPLICANT: City of Temecula; and Habitat for Humanity Inland Valley, Inc.

PROJECT LOCATION: West of Pujol Street and northerly of 1 st Street in the City of Temecula (APN:
922-062-016 and APN: 922-062-010).

PROPOSAL: Habitat for Humanity Inland Valley, Inc. ("Developer") proposes to construct six (6) attached residential units on a 0.46-acre site located west of Pujol Street and northerly of 1st Street in the City of Temecula ("Property"). The Property is located the former Redevelopment Agency of the City of Temecula Project Area and is adjacent to an existing five -unit affordable single-family development completed by the Developer in 2008. The units planned for the Property will average 1,255 square feet (SF) with attached private garages ("Project").

The proposed Disposition and Development Agreement ("Agreement") to be considered at the public hearing generally provides that: (1) The City will convey fee simple interest in the Property to the Developer; (2) the Developer will pay the City $561,000 for the Property in the form of a City Loan (Purchase Money Loan); 3) the City will contribute a total of $700,000 to the Project in the form of a City Loan (Construction Loan); and 4) the Developer will construct six (6) residential units comprising five (5) units affordable to Very Low -Income households and one (1) unit affordable to a Low -Income household, as defined in Section 50093 of the California Health and Safety Code, in accordance with applicable laws and ordinances.

The proposed Agreement is intended to effectuate the objectives of the City in complying with its obligation to assist in providing low and moderate income housing pursuant to the Health and Safety Code of California and the goals of the City's Housing Element to the Temecula General Plan. The development of the Project and the fulfillment generally of this Agreement are in the best interest of the City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements.

Pursuant to the requirements of Health & Safety Code Section 33433, a comprehensive report summarizing and analyzing the proposed Disposition and Development Agreement has been prepared.

The report specifically contains the information required by Section 33433 and has been prepared within the time limit set forth therein and is available for public review from the date of the first publication of this Notice of Public Hearing. The conveyance of the Property as proposed by the Disposition and Development Agreement is at less than fair market value based on the Agency's real estate analysis.

Therefore, it is proposed that the City Council specifically find in accordance with the authority of Health & Safety Code Section 33433 that: (1) the sales price is not less than the fair reuse value of the Property; and (2) said difference is necessary to effectuate the provisions of the Housing Element, the Former Agency's Housing Obligations, and the Old Town Specific Plan and to allow development and housing opportunities to come to the City and increase employment opportunities within the City.

COPIES OF DOCUMENTS: The City will make available, for public inspection and copying at a cost not to exceed the cost of duplication the Report required by Health and Safety Code Section 33433, and the proposed Disposition and Development Agreement. These documents will be available from the Case Planner, Haide Urias at City Hall 41000 Main St., Temecula, CA 92590, City of Temecula, (951) 694-6400, on the date which is not later than the date of the first publication of this Public Hearing Notice.

ENVIRONMENTAL ACTION: The approval of the proposed Agreement by the City Council constitutes an action by the City to implement an adopted Housing Assistance Plan by acquiring interests in housing units to assure they are affordable to persons of low and moderate income. Therefore, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14 of the California Code of Regulations). Additionally, the Project is: (1) consistent with the applicable General Plan designation and all applicable General Plan Policies as well as with applicable zoning designation and regulations; (2) the Project occurs within the city limits of the City of Temecula on a project site of less than five acres substantially surrounded by urban uses; (3) the Project site has no value as habitat for endangered, rare, or threatened species; (4) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be adequately served by all required utilities and public services. Therefore, the Project is and "in -fill project" and is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California Code of Regulations).

CASE PLANNER: Haide Urias (951) 694-6400
PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: May 23, 2023
TIME OF HEARING: 6:00 PM or as soon thereafter as the matter may be heard.

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.

The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the City Council Meeting. At that time, the packet may also be accessed on the City's website — TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — TemeculaCA.gov — and will be available for public review at the meeting.

Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice.

The proposed project application may be viewed at the public information counter, Temecula Civic Center, Community Development Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Haide Urias, City of Temecula Community Development Department, (951) 694-6400, or by email at [email protected].

Item No. 16

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: May 23, 2023
SUBJECT: Introduce Ordinance Amending Chapter 10.44 of the Temecula Municipal Code Regarding Golf Carts on City Roadways
PREPARED BY: Nick Minicilli, Senior Civil Engineer
RECOMMENDATION: That the City Council introduce an ordinance entitled:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 10.44 OF TITLE 10 OF

THE TEMECULA MUNICIPAL CODE TO DESIGNATE

CERTAIN STREETS AND CROSSINGS FOR THE JOINT USE

OF GOLF CARTS AND VEHICLES AND ESTABLISH RULES

AND REGULATIONS FOR THE OPERATION OF GOLF

CARTS ON SUCH STREETS, AND FINDING THAT THIS

ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
SUMMARY OF ORDINANCE: An amendment to Chapter 10.44 of the Municipal Code to define and locate golf cart use and crossings in the City.

BACKGROUND: Staff received a request from the Trails / Open Space Ad Hoc Subcommittee to consider creating a safer existing golf cart crossing on Rainbow Canyon Road at the Temecula Creek Inn due to a paving project that will be occurring in 2023. As part of the crossing safety review, staff read the City's current golf cart ordinance and determined that revisions should be made due to the antiquity of the ordinance and the absence of golf cart crossings listed in the ordinance. Staff recommends revising Chapter 10.44 of the Temecula Municipal Code. The current ordinance has one chapter, Chapter 10.44.010 which designates streets in the Temeku Hills golf course area that allows golf carts to utilize city streets jointly with vehicles. The proposed ordinance amendment to Chapter 10.44 would revise sections of Chapter 10.44.010 and add a new Chapter 10.44.020 for general golf cart crossings on city streets.

The current 10.44.010 ordinance reads as follows:

10.44.010 Honors Drive, Temeku Drive and Royal Birkdale Drive.

A. The city council does hereby find, determine, and declare that:

1. Honors Drive from Margarita Road to Tee Drive, Temeku Drive from Tee Drive to La Serena Way and Royal Birkdale Drive from Meadows Parkway to Temeku Drive, are streets within the jurisdiction of the city and, for the purposes of this section, shall be collectively referred to as the "streets."

2. The streets are located adjacent to and provide access to the Temeku Hills Golf Course. Further, the streets are located between the golf course and the place where golf carts are parked or stored. The street is within one mile of the golf course.

3. The streets are within and bounded in part by a real estate development offering golf facilities.

4. The streets are designed and constructed so as to safely permit the use of regular vehicular traffic and also the driving of golf carts on the streets.

B. Pursuant to the authority of Vehicle Code Section 21115 the city council hereby designates the streets as streets for the combined use of vehicles and golf carts.

C. Pursuant to the authority of Vehicle Code Section 21115, the following rules and regulations are hereby enacted for the use of vehicles and the use of golf carts on the street.

It is unlawful for a vehicle or golf cart to be operated in violation of the following rules and regulations, which shall have the force of law:

1. A white line of six inches in width shall be painted on Honors Drive from Margarita Road to Tee Drive and Temeku Drive from Tee Drive to La Serena Way at a distance of fourteen feet from the centerline so as to designate an area for vehicular traffic and a separate area for golf cart traffic. A white line of six inches in width shall be painted on Royal Birkdale Drive from Meadows Parkway to Temeku Drive at a distance of eleven feet from the centerline so as to designate an area for vehicular traffic and a separate area for golf cart traffic.

2. Vehicles shall travel in the designated fourteen foot travel lanes closest to the centerline on Honors Drive from Margarita Road to Tee Drive and Temeku Drive from Tee Drive to La Serena Way and shall not travel in the area designated for golf carts unless necessary for an emergency. Vehicles shall travel in the designated eleven foot travel lanes closest to the centerline on Royal Birkdale Drive

from Meadows Parkway to Temeku Drive and shall not travel in the area designated for golf carts unless necessary for an emergency.

3. Golf carts shall travel in the designated eight foot lane between the white line and the edge of the roadway. Golf carts shall not travel in the vehicular lane.

4. The posted speed limit for vehicles traveling on the streets shall be twenty-five miles per hour.

5. The speed limit for golf carts traveling on the portion of the streets designated for golf carts shall be twenty-five miles per hour.

6. Golf cart crossings shall be permitted across the streets at the locations designated in Table 10.44.010A, incorporated herein as though set forth in full.

7. Golf cart crossings shall conform to the plans and the signage requirements set forth in Table 10.44.01013, incorporated herein as though set forth in full.

8. If a golf cart is operated on the streets during darkness, the golf cart shall be subject to the provisions of Vehicle Code Section 24001.5 regarding equipment. (Ord. 18- 05 § 1; Ord. 01-09 § 1)

Table 10.44.010A
Proposed Golf Cart Crossings
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Table 10.44.O10B
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The ordinance should be amended as described in attached ordinance.

FISCAL IMPACT: None
ATTACHMENTS: Ordinance

ORDINANCE NO.2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING CHAPTER 10.44 OF TITLE 10

OF THE TEMECULA MUNICIPAL CODE TO DESIGNATE

CERTAIN STREETS AND CROSSINGS FOR THE JOINT

USE OF GOLF CARTS AND VEHICLES AND ESTABLISH

RULES AND REGULATIONS FOR THE OPERATION OF

GOLF CARTS ON SUCH STREETS, AND FINDING THAT

THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

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

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

A. Golf carts that are registered with the Department of Motor Vehicles ("DMV"), bear a license plate issued by the DMV and are properly equipped pursuant to the California Vehicle Code may operate on any highway with a speed limit of twenty-five (25) miles per hour or less pursuant to Vehicle Code Section 21716.

B. Vehicle Code Section 21115 allows the City to designate certain portions of highways under its jurisdiction for combined use by regular vehicular traffic and golf carts that are not registered with the DMV and equipped as required by the Vehicle Code.

C. Vehicle Code Section 21115.1 further permits the City to establish crossing zones for the use of golf carts on any street under its jurisdiction that has a posted speed limit of forty- five (45) miles per hour or less and that is immediately adjacent to a golf course.

D. The City recognizes that the utilization of golf carts as transportation aids near golf courses reduces automobile trips and vehicular emissions, expands mobility to those persons not utilizing automobiles, and maximizes the utilization of golf carts for golf course and residential transportation. The selected golf cart routes and crossings in the Ordinance meet these goals.

E. The selected golf cart routes and crossings in the Ordinance accommodate golf carts without an adverse impact upon traffic safety.

Section 2. 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 15301 because the proposed amendments involves the negligible expansion of use to existing City streets as golf carts operated on the selected streets and crossings will utilize existing bike lanes or roadways.

Section 3. Chapter 10.44 (Streets Designated for Joint Use of Golf Carts and Vehicles) of Title 10 (Vehicles and Traffic) of the Temecula Municipal Code is hereby renamed and amended in its entirety to read as follows:
"Chapter 10.44 — Golf Carts on City Roadways
Sections:

10.44.010 Operation of Golf Carts on City Roadways

10.44.020 Golf Cart Crossings

10.44.030 Streets Designated for Joint Use of Golf Carts and Vehicles

10.44.010 Operation of Golf Carts on City Roadways
Golf carts may only operate on streets with a speed limit for vehicles of twenty-five miles per hour or less as designated by this Chapter, or if the golf cart is registered with the Department of Motor Vehicles, bears a license plate issued by the Department of Motor Vehicles, and is properly equipped pursuant to the California Vehicle Code.

10.44.020 Golf Cart Crossings
A. The following crossings are designated for use by golf carts:

1. Brassie Lane, approximately three hundred fifty feet (350') north of Crystalaire Drive.

2. Honors Drive, approximately one hundred fifty feet (150') west of Vardon Drive/Balata Drive.

3. Honors Drive, approximately three hundred eighty feet (380') east of Brassie Lane.

4. Royal Birkdale Drive, approximately two hundred feet (200') east of Temeku Drive.

5. Temeku Drive, approximately one hundred eighty feet (180') south of Gleneagles Drive.

6. Temeku Drive, approximately one thousand forty feet (1,040') south of Bay Hill Drive.

7. Camino Rubi, approximately fifty feet (50') south of Caminito Rosado.

8. Corte Zaragoza at the intersection of Peppercorn Drive.

9. Kohinoor Way at Peach Tree Street.

10.44.030 Streets Designated for Joint Use of Golf Carts and Vehicles A. The following streets are designated for joint use of golf carts and vehicles:

1. Honors Drive from Margarita Road to Tee Drive.

2. Temeku Drive from Tee Drive to La Serena Way.

3. Royal Birkdale Drive from Meadows Parkway to Temeku Drive.

B. Except as otherwise provided in Section 10.44.010, it is unlawful for a vehicle or golf cart to be operated in violation of the following rules and regulations:

1. Golf carts shall only travel on streets with separate travel lanes, delineated with painted striping, for vehicular traffic and golf cart traffic. The designated golf cart lane may also allow for bicycle travel.

2. Vehicles shall travel in the designated travel lanes and shall not travel in the area designated for golf carts unless necessary for an emergency.

3. Golf carts shall travel in a designated eight -foot (8') travel lane and shall not travel in the vehicular lane. The designated golf cart lane may allow for bicycle travel.

4. Golf carts shall only travel on streets with posted speed limits for vehicles of twenty-five miles per hour or less, except as otherwise designated by this Chapter.

5. Golf cart operators shall observe all applicable provisions of the California Vehicle Code.

6. Golf cart crossings shall be permitted across the streets at the locations designated in Section 10.44.020.

7. Operation of golf carts in the designated crossing zones and streets is allowed during daytime only. Golf cart operation on the designated crossing zones and streets designated by this Chapter is prohibited during hours of darkness. "Darkness" is defined as anytime from one-half hour after sunset to one-half hour before sunrise per California Vehicle Code Section 280.

Section 4. 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 5. 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 6. Effective Date. This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption. 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 23rd day of May, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Item No. 17

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2023
SUBJECT: Introduce Ordinance Amending Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets PREPARED BY: Erick Escobedo, Associate Engineer II
Nick Minicilli, Senior Traffic Engineer
RECOMMENDATION: That the City Council introduce an ordinance entitled:

ORDINANCE NO.

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

TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE

SPEED LIMITS ON CERTAIN STREETS
SUMMARY OF ORDINANCE: The Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limits on the following streets:

Name of Street
Portion Affected
Declared
Prima Facie
Speed Limit
Pechanga Parkway
Temecula Parkway to Rainbow Canyon Road
40 MPH
Rainbow Canyon Road to Muirfield Drive
45 MPH
Muirfield Drive to Loma Linda Road
45 MPH
Loma Linda Road to Wolf Valley Road
45 MPH
Wolf Valley Road to Casino Drive South
45 MPH
Casino Drive South to South City Limits
45 MPH
BACKGROUND: The California Vehicle Code (CVC) requires local authorities to review, reaffirm or adjust speed limits within their jurisdiction every seven (7) years based on an Engineering and Traffic (E&T) Survey. The CVC also allows local authorities to extend an E&T Survey to fourteen (14) years, if a Registered Engineer determines that no significant changes in roadway or traffic conditions have occurred, including major changes to adjacent property or land use, roadway width or traffic volumes. The E&T survey provides the mechanism for the legal

enforcement of the posted speed limit by use of radar or any other electronic speed -measuring device.

As defined in the California Vehicle Code, an engineering and traffic survey is "a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities." The survey shall include, but not be limited to, consideration of prevailing speeds as determined by traffic engineering measurements, accident statistics, and highway, traffic, and roadside conditions not readily apparent to the driver. These characteristics are all considered when determining a reasonable and prudent posted speed limit.

It should be noted that establishing a speed limit, which is not consistent with the 85th percentile speed, constitutes a "speed trap" and is not enforceable by use of radar or any other electronic speed -measuring device.

During the January 24, 2023, City Council Meeting, staff brought forth the 2022 Citywide Engineering and Traffic Survey (E&TS) update for review and approval. As part of that traffic survey, the Pechanga Parkway corridor was analyzed from Temecula Parkway to the City's south limits. The survey recommended dropping the existing posted speed limit on Pechanga Parkway from Rainbow Canyon Road to the South City Limits from 45 mph to 40 mph and maintaining the speed limit on Pechanga Parkway from Temecula Parkway to Rainbow Canyon Drive at 40 mph.

Although City Council approved the E&TS speed recommendations, there was concerned discussion related to a speed reduction on Pechanga Parkway. Based on this discussion, City staff took it upon themselves to restudy the traffic survey on the Pechanga Parkway corridor. The new speed survey results revealed that the existing posted speed limit of 45 mph on Pechanga Parkway from Rainbow Canyon Road to the South City Limits were valid based on the new 85th percentile survey speed. The existing 40 mph speed limit on Pechanga Parkway from Temecula Parkway to Rainbow Canyon Road was also validated with the resurvey. Staff additionally performed several field visits which confirmed that the existing posted speed limits are appropriate for Pechanga Parkway and speed limit reductions that the previously approved E&TS had recommended were no longer appropriate.

The recommended posted speed limits conform to the requirements of the California Vehicle Code and the Caltrans MUTCD for establishing prudent posted speed limits that are consistent with roadway conditions, prevailing speeds, and more importantly, enforceable.

City staff recommends the posted speed limit on Pechanga Parkway from Temecula Parkway to South City Limits remain at the current posted speed limits and that City Council adopt an Ordinance establishing the speed limits.

FISCAL IMPACT: There is no fiscal impact associated with this recommendation.

ATTACHMENTS: 1. Ordinance

2. Pechanga Speed Survey Update

ORDINANCE NO.2023-

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

THE TEMECULA MUNICIPAL CODE REGARDING

PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS

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

Section 1. Section 10.28.010(D) of the Temecula Municipal Code is hereby amended as follows to modify the described prima facie speed limits on the following streets:

Name of Street
Portion Affected
Declared
Prima Facie
Speed Limit
Pechanga Parkway
Temecula Parkway to Rainbow Canyon Road
40 MPH
Rainbow Canyon Road to Muirfield Drive
45 MPH
Muirfield Drive to Loma Linda Road
45 MPH
Loma Linda Road to Wolf Valley Road
45 MPH
Wolf Valley Road to Casino Drive South
45 MPH
Casino Drive South to South City Limits
45 MPH
Section 2. Severability. The Temecula City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES:

COUNCIL MEMBERS:

NOES:

COUNCIL MEMBERS:

ABSTAIN:

COUNCIL MEMBERS:

ABSENT:

COUNCIL MEMBERS:

Randi Johl, City Clerk

CITY OF TEMECULA El0

ENGINEERING AND TRAFFIC SURVEY
STREET Pechanga Parkway
CERTIFICATION DATE 9/21/2022
FROM Temecula Parkway
TO Rainbow Canyon Road

SPEED FACTORS
Date of Speed Survey
7/20/2022 Posted Speed Limit 40 mph
Time of Speed Survey
11:24 Speed Justification
50th Percentile Speed (Mean Speed)
34 mph CLOSEST TO 85TH SPEED
85th Percentile Speed
40 mph
Average Speed
34 mph
10 mph Pace Speed
30-39
Percentage of Vehicles in Pace
64 Recommended Speed Limit 40 mph
Number of Survey Samples
200

COLLISION HISTORY
Number of Years Studied
3 years
Total Collisions
6 Statewide Average Collision Rate

0.98 Collisions/MVM
Collisions per Million Vehicle Miles

0.60 Collisions/MVM

TRAFFIC FACTORS
Average Daily Traffic
53,718 Date Counted 7/21/2022
Number of Lanes
6 LANES (RAISED MEDIAN)
Type of Traffic Control
T.S. @ TEMECULA & RAINBOW CANYON
Crosswalks?
Pedestrian Traffic
Truck Traffic
On -Street Parking
Sidewalks?
Driveways?
@T.S.

LIGHT

MODERATE
NONE

BOTH SIDES

EAST SIDE ONLY

ROADWAY FACTORS
Length of Segment

0.170 miles
Width
86 feet
Vertical Curve?
NONE
Horizontal Curve?
YES
Visibility
GOOD
Roadway Conditions
GOOD
Lighting

BOTH SIDES
Adjacent Land Use

COMMERCIAL
Field Study By MB Checked By NS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). ,�� _ . x 9/21 /2022 TE 2933
Nicolle Spann Date State Registration Number

CITY OF TEMECULA E 11

ENGINEERING AND TRAFFIC SURVEY
STREET Pechanga Parkway
FROM Rainbow Canyon Road
CERTIFICATION DATE 4/18/2023
TO Muirfield Drive

SPEED FACTORS
Date of Speed Survey
3/24/2023
Posted Speed Limit 45 mph
Time of Speed Survey
13:48
Speed Justification
50th Percentile Speed (Mean Speed)
39 mph
CLOSEST TO 85TH SPEED
85th Percentile Speed
45 mph
Average Speed
39 mph
10 mph Pace Speed
36-45
Percentage of Vehicles in Pace
62 Recommended Speed Limit 45 mph
Number of Survey Samples
200

COLLISION HISTORY
Number of Years Studied 3 years
Total Collisions 2
Statewide Average Collision Rate 0.98 Collisions/MVM
Collisions per Million Vehicle Miles 0.09 Collisions/MVM

TRAFFIC FACTORS
Average Daily Traffic
Number of Lanes
Type of Traffic Control
Crosswalks?
Pedestrian Traffic
Truck Traffic
On -Street Parking
Sidewalks?
Driveways?

ROADWAY FACTORS
Length of Segment
Width
Vertical Curve?
Horizontal Curve?
Visibility
Roadway Conditions
Lighting
Adjacent Land Use
39,231 Date Counted 3/24/2023
6 + BIKE LANES (RAISED MEDIAN)
T.S. @ RAINBOW CANYON & MUIRFIELD
@ T.S.

LIGHT
LIGHT
NONE

BOTH SIDES

0.510 miles
105 feet
NO
YES
GOOD
FAIR

BOTH SIDES

RESIDENTIAL, COMMERCIAL
Field Study By CA Checked By NS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). 4/18/2023
TE 2933
Nicolle Spann Date State Registration Number

CITY OF TEMECULA 12

ENGINEERING AND TRAFFIC SURVEY
STREET Pechanga Parkway
FROM Muirfield Drive
CERTIFICATION DATE 4/18/2023
TO Loma Linda Road

SPEED FACTORS
Date of Speed Survey
3/24/2023
Posted Speed Limit 45 mph
Time of Speed Survey
13:22
Speed Justification
50th Percentile Speed (Mean Speed)
42 mph
CLOSEST TO 85TH SPEED
85th Percentile Speed
46 mph
Average Speed
42 mph
10 mph Pace Speed
38-47
Percentage of Vehicles in Pace
74 Recommended Speed Limit 45 mph
Number of Survey Samples
200

COLLISION HISTORY
Number of Years Studied 3 years
Total Collisions 0
Statewide Average Collision Rate 1.60 Collisions/MVM
Collisions per Million Vehicle Miles 0.00 Collisions/MVM

TRAFFIC FACTORS
Average Daily Traffic
Number of Lanes
Type of Traffic Control
Crosswalks?
Pedestrian Traffic
Truck Traffic
On -Street Parking
Sidewalks?
Driveways?
48,640 Date Counted
6 + BIKE LANES (RAISED MEDIAN)
T.S. @ MUIRFIELD & LOMA LINDA
@ T.S.

LIGHT
LIGHT
NONE

BOTH SIDES
NONE
3/24/2023

ROADWAY FACTORS
Length of Segment

0.140 miles
Width
108 feet
Vertical Curve?
NO
Horizontal Curve?
NO
Visibility
GOOD
Roadway Conditions
GOOD
Lighting

BOTH SIDES
Adjacent Land Use

RESIDENTIAL
Field Study By CA Checked By NS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). 4/18/2023
TE 2933
Nicolle Spann Date State Registration Number

CITY OF TEMECULA 13

ENGINEERING AND TRAFFIC SURVEY
STREET Pechanga Parkway
FROM Loma Linda Road
CERTIFICATION DATE 4/18/2023
TO Wolf Valley Road

SPEED FACTORS
Date of Speed Survey
7/20/2022
Posted Speed Limit 45 mph
Time of Speed Survey
12:34
Speed Justification
50th Percentile Speed (Mean Speed)
39 mph
CLOSEST TO 85TH SPEED
85th Percentile Speed
44 mph
Average Speed
39 mph
10 mph Pace Speed
33-42
Percentage of Vehicles in Pace
70 Recommended Speed Limit 45 mph
Number of Survey Samples
200

COLLISION HISTORY
Number of Years Studied 3 years
Total Collisions 3
Statewide Average Collision Rate 1.60 Collisions/MVM
Collisions per Million Vehicle Miles 0.11 Collisions/MVM

TRAFFIC FACTORS
Average Daily Traffic 33,553 Date Counted 7/21/2022
Number of Lanes 6 + BIKE LANES (RAISED MEDIAN)
Type of Traffic Control T.S. @ LOMA LINDA, WOLF CREEK & WOLF VALLEY Crosswalks?
@ T.S.

Pedestrian Traffic

MODERATE
Truck Traffic
LIGHT
On -Street Parking
NONE
Sidewalks?

BOTH SIDES
Driveways?
NONE

ROADWAY FACTORS
Length of Segment

0.770 miles
Width
108 feet
Vertical Curve?
NO
Horizontal Curve?
NO
Visibility
GOOD
Roadway Conditions
GOOD
Lighting

BOTH SIDES
Adjacent Land Use

RESIDENTIAL
Field Study By MB Checked By NS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). 4/18/2023
TE 2933
Nicolle Spann Date State Registration Number

CITY OF TEMECULA 14

ENGINEERING AND TRAFFIC SURVEY
STREET Pechanga Parkway
FROM Wolf Valley Road
CERTIFICATION DATE 4/18/2023
TO Casino Drive South

SPEED FACTORS
Date of Speed Survey
3/24/2023
Posted Speed Limit 45 mph
Time of Speed Survey
12:51
Speed Justification
50th Percentile Speed (Mean Speed)
41 mph
CLOSEST TO 85TH SPEED
85th Percentile Speed
46 mph
Average Speed
41 mph
10 mph Pace Speed
38-47
Percentage of Vehicles in Pace
68 Recommended Speed Limit 45 mph
Number of Survey Samples
200

COLLISION HISTORY
Number of Years Studied 3 years
Total Collisions 1
Statewide Average Collision Rate 0.91 Collisions/MVM
Collisions per Million Vehicle Miles 0.09 Collisions/MVM

TRAFFIC FACTORS
Average Daily Traffic
Number of Lanes
Type of Traffic Control
Crosswalks?
Pedestrian Traffic
Truck Traffic
On -Street Parking
Sidewalks?
Driveways?

ROADWAY FACTORS
Length of Segment
Width
Vertical Curve?
Horizontal Curve?
Visibility
Roadway Conditions
Lighting
Adjacent Land Use
32,202 Date Counted 3/24/2023
4 + BIKE LANES (RAISED MEDIAN)
T.S. @ WOLF VALLEY, N CASINO & S CASINO
@ T.S.

MODERATE

MODERATE
NONE

BOTH SIDES
NONE

0.330 miles
88 feet
NO
NO
GOOD
GOOD

BOTH SIDES

RESIDENTIAL, CASINO
Field Study By CA Checked By NS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). 4/18/2023
TE 2933
Nicolle Spann Date State Registration Number

CITY OF TEMECULA 15

ENGINEERING AND TRAFFIC SURVEY
STREET Pechanga Parkway
FROM Casino Drive South
CERTIFICATION DATE 4/18/2023
TO South City Limits

SPEED FACTORS
Date of Speed Survey
3/24/2023
Posted Speed Limit 45 mph
Time of Speed Survey
12:19
Speed Justification
50th Percentile Speed (Mean Speed)
41 mph
CLOSEST TO 85TH SPEED
85th Percentile Speed
46 mph
Average Speed
41 mph
10 mph Pace Speed
37-46
Percentage of Vehicles in Pace
71 Recommended Speed Limit 45 mph
Number of Survey Samples
200

COLLISION HISTORY
Number of Years Studied 3 years
Total Collisions 2
Statewide Average Collision Rate 0.91 Collisions/MVM
Collisions per Million Vehicle Miles 0.17 Collisions/MVM

TRAFFIC FACTORS
Average Daily Traffic
Number of Lanes
Type of Traffic Control
Crosswalks?
Pedestrian Traffic
Truck Traffic
On -Street Parking
Sidewalks?
Driveways?

ROADWAY FACTORS
Length of Segment
Width
Vertical Curve?
Horizontal Curve?
Visibility
Roadway Conditions
Lighting
Adjacent Land Use
13,591 Date Counted 3/24/2023
4 + BIKE LANES ON EAST SIDE (RAISED MEDIAN)
T.S. @ S CASINO, PECHANGA RESORT, WOLF CREEK & DEER
HOLLOW
@ T.S.

LIGHT
LIGHT
NONE

BOTH SIDES

WEST SIDE ONLY

0.800 miles
86 feet
NO
YES
GOOD
GOOD

BOTH SIDES

RESIDENTIAL, SCHOOL, CASINO
Field Study By CA Checked By NS
CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). 4/18/2023
TE 2933
Nicolle Spann Date State Registration Number

Item No. 18

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: May 23, 2023
SUBJECT: Adopt Resolutions Reconstituting City of Temecula Commissions and Introduce Ordinance Repealing Temecula Municipal Code Chapters 2.44 and 2.48 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt resolutions and introduce an ordinance entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA RECONSTITUTING THE COMMUNITY

SERVICES COMMISSION
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA RECONSTITUTING THE PLANNING

COMMISSION
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA RECONSTITUTING THE RACE, EQUITY,

DIVERSITY AND INCLUSION COMMISSION
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA RECONSTITUTING THE TRAFFIC SAFETY

COMMISSION

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REPEALING CHAPTER 2.44 AND CHAPTER 2.48

OF THE TEMECULA MUNICIPAL CODE
BACKGROUND: The City of Temecula has four commissions — (1) Community Services Commission, (2) Planning Commission, (3) Race, Equity, Diversity and Inclusion Commission, and (4) Public/Traffic Safety Commission. The City Council has the power to establish certain commissions as it deems necessary pursuant to Chapter 2.40 of the Temecula Municipal Code. All commissions serve in an advisory capacity to the City Council. The Planning Commission also serves as a statutory body over certain land use decisions. The four commissions were established at various times over the last 30+ years with various elected officials, department directors and staff in place. Some were established by resolution while others were established by ordinance. Some had a detailed description of the roles and responsibilities of the commission while others did not. The proposed action before the City Council is a technical, housekeeping measure providing consistency across the governing documents of the commissions clearly setting forth items such as name, meeting dates and times, roles and responsibilities, etc. The roles and responsibilities are consistent with the current day practices of each commission. Finally, the proposed ordinance repeal brings all commission governing documents into consistency by way of a standardized resolution template which provides enhanced flexibility for the City Council in the future to make additional changes to the commissions as they deem necessary.

FISCAL IMPACT: None
ATTACHMENTS: 1. Resolution — Community Services Commission

2. Resolution — Planning Commission

3. Resolution — Race, Equity, Diversity and Inclusion Commission

4. Resolution — Traffic Safety Commission

5. Ordinance

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA RECONSTITUTING THE COMMUNITY

SERVICES COMMISSION

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

Section 1. Community Services Commission Established. Pursuant to Section 2.40.010 of the Temecula Municipal Code, there is created an advisory commission to the City Council which shall be known as the "Community Services Commission."
Section 2. Commission Composition and Membership. The Community Services Commission shall consist of five (5) members appointed by the City Council pursuant to Section

2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission.

Section 3. Term of Office. Terms of office for the Community Services Commission shall be three (3) years with staggered terms. At the completion of any term, a commission member may be reappointed pursuant to Temecula Municipal Code 2.40.060.

Section 4. Appointment, Removal and Vacancies. Members of the Community Services Commission shall be appointed and removed in the same manner as other boards, committees and commissions within the City pursuant to Temecula Municipal Code 2.40.050. Vacancies shall be filled pursuant to 2.40.070.

Section 5. Time and Place of Meeting. The Community Services Commission shall meet regularly on the second Monday of each month at 6:00 p.m. in the Council Chambers in City Hall located at 41000 Main Street, Temecula.

Section 6. Stipend. The Community Services Commission shall receive the same stipend as the other boards, committees, and commissions pursuant to Temecula Municipal Code Section

2.40.100.

Section 7. Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the commission similar to that of other boards, committees, and commissions within the City.

Section 8. Role and Purpose. Similar to other boards, committees and commissions, with the exception of those with statutory responsibilities, the role of the Community Services Commission shall be advisory in nature, with legislative authority remaining with the City Council.

The commission shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and make recommendations. The commission shall work with

and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council.

The purpose of the Community Services Commission shall be as follows:
• Review and make recommendations to the City Council regarding the parks and recreational facilities component of the open space/conservation element of the General Plan
• Make recommendations to the Temecula Community Services Department regarding community services facilities, programs, events, activities, and services • Collaborate with community partners, including Temecula Valley Unified School District, community groups, and non -profits to identify opportunities to enhance community services facilities, programs, events, and services
• Serve as ambassadors to educate the community about the City's community services facilities, programs, events, and services
Section 9. The City Clerk shall certify to the passage and adoption of this resolution PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023.

ATTEST:

Randi Johl, City Clerk
Zak Schwank, Mayor
N

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 23rd day of May, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

RESOLUTION NO.2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA RECONSTITUTING THE PLANNING

COMMISSION

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

Section 1. Planning Commission Established. Pursuant to Section 2.40.010 of the Temecula Municipal Code, there is created a statutory commission to the City Council which shall be known as the "Planning Commission."
Section 2. Commission Composition and Membership. The Planning Commission shall consist of five (5) members appointed by the City Council pursuant to Section 2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission.

Section 3. Term of Office. Terms of office for the Planning Commission shall be three (3) years with staggered terms. At the completion of any term, a commission member may be reappointed pursuant to Temecula Municipal Code 2.40.060.

Section 4. Appointment, Removal and Vacancies. Members of the Planning Commission shall be appointed and removed in the same manner as other boards, committees and commissions within the City pursuant to Temecula Municipal Code 2.40.050. Vacancies shall be filled pursuant to 2.40.070.

Section 5. Time and Place of Meeting. The Planning Commission shall meet regularly on the first and third Wednesday of each month at 6 p.m. in the Council Chambers in City Hall located at 41000 Main Street, Temecula.

Section 6. Stipend. The Planning Commission shall receive the same stipend as the other boards, committees, and commissions pursuant to Temecula Municipal Code Section 2.40.100.

Section 8. Role and Purpose. Similar to other boards, committees and commissions, with the exception of those with statutory responsibilities, the role of the Planning Commission shall be advisory in nature, with legislative authority remaining with the City Council. The commission shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and make recommendations. The commission shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council.

The purpose of the Planning Commission shall be as follows:
• For purposes of state planning law, the planning commission serves as the planning agency, unless another official or body is specifically designated to perform that function or make a particular decision as provided by ordinance of the city • Advising the City Council on planning and land use matters • Reviewing and making recommendations on proposed developments, subdivisions, and zone changes
• Holding public hearings and soliciting public input on planning and land use issues • Reviewing and making recommendations on the City's General Plan, which guides future development and land use decisions
• Ensuring that development projects comply with the City's zoning and land use regulations • Working with developers, architects, and other stakeholders to ensure that proposed developments are compatible with the surrounding area and meet the needs of the community
• Reviewing and making recommendations on environmental documents related to development projects, such as Environmental Impact Reports • Enforcing the City's zoning and land use regulations, including issuing land use permits Section 9. The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023.

ATTEST:

Randi Johl, City Clerk
Zak Schwank, Mayor
2 STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ESTABLISHING THE RACE, EQUITY,

DIVERSITY AND INCLUSION (REDI) COMMISSION

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

Section 1. Race, Equity, Diversity and Inclusion Commission Established. Pursuant to Section 2.40.010 of the Temecula Municipal Code, there is hereby created an advisory commission to the City Council which shall be known as the "Race, Equity, Diversity and Inclusion Commission."
Section 2. Commission Composition and Membership. The Race, Equity, Diversity and Inclusion Commission shall consist of seven (7) members appointed by the City Council pursuant to Section 2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission.

Section 3. Term of Office. Terms of office for the Race, Equity, Diversity and Inclusion Commission shall be three (3) years with staggered terms. At the completion of any term, a commission member may be reappointed pursuant to Temecula Municipal Code 2.40.060.

Section 4. Appointment, Removal and Vacancies. Members of the Race, Equity, Diversity and Inclusion Commission shall be appointed and removed in the same manner as other boards and commissions within the City pursuant to Temecula Municipal Code 2.40.050. Vacancies shall be filled pursuant to 2.40.070.

Section 5. Time and Place of Meeting. The Race, Equity, Diversity and Inclusion Commission shall meet regularly on the second Thursday of each month at 6 p.m. in the Council Chambers in City Hall located at 41000 Main Street, Temecula.

Section 6. Stipend. The Race, Equity, Diversity and Inclusion Commission shall receive the same stipend as the other boards and commissions pursuant to Temecula Municipal Code Section 2.40.100.

Section 8. Role and Purpose. Similar to other boards and commissions, with the exception of those with statutory responsibilities, the role of the Race, Equity, Diversity and Inclusion Commission shall be advisory in nature, with legislative authority remaining with the City Council.

The commission shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and make recommendations. The commission shall work with

and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council.

The purpose of the Race, Equity, Diversity and Inclusion Commission shall be as follows:
• Build Strong Relationships Around Issues of Diversity, Inclusion and Equity With the City Council, Commissions, Staff and Community
• Learn About Existing City Events, Services and Programs and Identify Opportunities for Further Diversity and Inclusion within the Same
• Serve as Ambassadors to Educate the Community About Opportunities Related to Diversity and Inclusion within City Events, Services and Programs • Identify Opportunities for Enhanced Communication with All Residents, Including with Those of Various Race, Ethnic, Gender, Disability, Religious, and/or Cultural Backgrounds
• Identify Opportunities for Improved Outreach to All Residents on Various City Efforts and Initiatives
• Evaluate Policies Brought to the Commission for Consideration with an Equity Lens and Make Recommendations
• Incorporate proclamations and other similar items into commission meetings as recommended by the City Council
Section 9. The City Clerk shall certify to the passage and adoption of this resolution PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023.

ATTEST:

Randi Johl, City Clerk
Zak Schwank, Mayor
N

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA RECONSTITUTING THE TRAFFIC

SAFETY COMMISSION

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

Section 1. Traffic Safety Commission Established. Pursuant to Section 2.40.010 of the Temecula Municipal Code, there is created an advisory commission to the City Council which shall be known as the "Traffic Safety Commission."
Section 2. Commission Composition and Membership. The Traffic Safety Commission shall consist of five (5) members appointed by the City Council pursuant to Section 2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission.

Section 3. Term of Office. Terms of office for the Traffic Safety Commission shall be three (3) years with staggered terms. At the completion of any term, a commission member may be reappointed pursuant to Temecula Municipal Code 2.40.060.

Section 4. Appointment, Removal and Vacancies. Members of the Traffic Safety Commission shall be appointed and removed in the same manner as other boards, committees and commissions within the City pursuant to Temecula Municipal Code 2.40.050. Vacancies shall be filled pursuant to 2.40.070.

Section 5. Time and Place of Meeting. The Traffic Safety Commission shall meet regularly on the fourth Thursday of each month at 6:00 p.m. in the Council Chambers in City Hall located at 41000 Main Street, Temecula.

Section 6. Stipend. The Traffic Safety Commission shall receive the same stipend as the other boards, committees, and commissions pursuant to Temecula Municipal Code Section

2.40.100.

Section 8. Role and Purpose. Similar to other boards, committees and commissions, with the exception of those with statutory responsibilities, the role of the Traffic Safety Commission shall be advisory in nature, with legislative authority remaining with the City Council. The commission shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and make recommendations. The commission shall work with

and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council.

The purpose of the Traffic Safety Commission shall be as follows:
• Serve in an advisory capacity to the City Council making recommendations regarding traffic safety and transportation within the City of Temecula • Encourage public input on traffic safety and transportation issues and seek resolution of public concerns
• Serve as the reviewing body on specific matters related to traffic safety and transportation referred by the City Council
• Review specific matters related to traffic safety and transportation prior to being presented to the City Council for final approval
• Serve as ambassadors to educate the community about the City's traffic safety and transportation related services and programs
Section 9. The City Clerk shall certify to the passage and adoption of this resolution PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023.

ATTEST:

Randi Johl, City Clerk
Zak Schwank, Mayor
N

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

ORDINANCE NO.2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA REPEALING CHAPTER 2.44 AND
CHAPTER 2.48 OF THE TEMECULA MUNICIPAL CODE

RELATING TO THE PUBLIC TRAFFIC SAFETY

COMMISSION AND THE COMMUNITY SERVICES

COMMISSION

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

Section 1. Chapter 2.44 and Chapter 2.48 of the Temecula Municipal Code are hereby repealed.

Section 2. Severability. If any portion, provision, section, paragraph, sentence, or word of this ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance.

Section 3. Effective Date. This ordinance shall take effect thirty (30) days after its adoption.

Section 4. Notice of Adoption. The City Clerk shall certify to the adoption of this ordinance and cause it to be published in the manner required by law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ,
Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

1 RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA RECONSTITUTING THE PLANNING

COMMISSION

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

Section 2. Commission Composition and Membership. The Planning Commission shall consist of five (5) members appointed by the City Council pursuant to Section 2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission.

Section 6. Stipend. The Planning Commission shall receive the same stipend as the other boards, committees, and commissions pursuant to Temecula Municipal Code Section 2.40.100.

Section 8. Role and Purpose. Similar to other boards, committees and commissions, with the exception of those with statutory responsibilities, the role of the Planning Commission shall be advisory in nature, with legislative authority remaining with the City Council. The commission shall consider various items within its jurisdiction, including items suggested by the Cit y Council and City Manager, and make recommendations. The commission shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council.

2 The purpose of the Planning Commission shall be as follows:

 For purposes of state planning law, the planning commission serves as the planning agency, unless another official or body is specifically designated to perform that function or make a particular decision as provided by ordinance of the city

 Advising the City Council on planning and land use matters

 Reviewing and making recommendations on proposed developments, subdivisions, and zone changes

 Holding public hearings and soliciting public input on planning and land use issues

 Reviewing and making recommendations on the City's General Plan, which guides future development and land use decisions

 Ensuring that development projects comply with the City's zoning and land use regulations

 Working with developers, architects, and other stakeholders to ensure that proposed developments are compatible with the surrounding area and meet the needs of the community

 Reviewing and making recommendations on environmental documents related to development projects, such as Environmental Impact Reports

 Enforcing the City's zoning and land use regulations, including issuing land use permits

Section 9. The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023.

Zak Schwank, Mayor

ATTEST:

Randi Johl, City Clerk

3 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 23rd day of May, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Item No. 19

CITY OF TEMECULA

AGENDA REPORT
TO: City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: May 23, 2023
SUBJECT: Consider and Approve City Council Protocol Manual Policies (At the Request of Subcommittee Members Alexander and Kalfus)
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 ADOPTING THE CITY COUNCIL PROTOCOL

MANUAL AND ADOPTING FOUR CITY COUNCIL POLICIES

GOVERNING THE OPERATIONS OF THE CITY COUNCIL
BACKGROUND: The City Council approved the creation of a City Council Protocol Manual on July 14, 2020 as a part of its multi -phased, multi -year Race, Equity, Diversity and Inclusion (REDI) Initiative. The general policy content of the City Council Protocol Manual was approved on July 13, 2021. On August 24, 2021, the City Council requested that the preparation of City Council Policies relating to the Code of Conduct, Rules of Order, Agenda Placement, Request of Staff, and Public Participation In Meetings be expedited for consideration. Those policies were adopted on September 28, 2021. On January 10, 2023, the City Council appointed an ad hoc City Council Protocol Manual subcommittee as a part of its annual council subcommittee selection to guide staff in the preparation of additional policies for adoption in a completed manual. On March 12, 2023 the City Council adopted a revised policy related to agenda placement.

In consultation with the City Council Protocol Manual subcommittee consisting of Council Members Alexander and Kalfus, the next four polices are now ready for consideration by the full City Council. The policies are related to (1) general law city, (2) council manager form of government, (3) roles of mayor, mayor pro tempore and council and (4) selection of mayor and mayor pro tempore. It is recommended that the City Council consider these four policies and provide direction and/or adopt the policies as desired.

FISCAL IMPACT: None
ATTACHMENTS: 1. Resolution

2. Exhibit A — General Law City

3. Exhibit B — Council -Manager Form of Government

4. Exhibit C — Roles of Mayor, Mayor Pro Tempore and Council

5. Exhibit D — Selection of Mayor and Mayor Pro Tempore

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ADOPTING THE CITY COUNCIL

PROTOCOL MANUAL AND ADOPTING FOUR CITY

COUNCIL POLICIES GOVERNING THE OPERATIONS OF

THE CITY COUNCIL

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

Section 1. On July 14, 2020, the City Council approved the creation of a City Council Protocol Manual as a part of its multi -phased, multi -year Race, Equity, Diversity and Inclusion (REDI) Initiative.

Section 2. On July 13, 2021, the City Council approved the general policy content of the City Council Protocol Manual.

Section 3. The City Council adopted its first five policies on September 28, 2021 and a revised policy on March 23, 2023.

Section 4. On January 10, 2023, the City Council appointed an ad hoc City Council Protocol Manual subcommittee as a part of its annual council subcommittee selection to guide staff in the prepapration of additional policies for adoption in a completed manual.

Section 5. The City Council hereby adopts the "City Council Protocol Manual" which shall consist of various Council policies adopted by the Council for the conduct of its business and shall be maintained by the City Clerk. The following Policies are hereby adopted and shall be included in the City Council Protocol Manual:

A. City Council Policy — General Law City (Exhibit A);
B. City Council Policy — Council Manager Form of Government (Exhibit B); C. City Council Policy — Role of Mayor, Mayor Pro Tempore, and Council (Exhibit C); D. City Council Policy — Selection of Mayor and Mayor Pro Tempore (Exhibit D).

Section 5. All prior resolutions in conflict with and superseded by this resolution are hereby rescinded.

Section 6. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

CITY OF TEMECULA

CITY COUNCIL POLICY
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Title:

General Law City
Policy No.
1 Approved:

TBD
Revised:

N/A
PURPOSE:

The purpose of this City Council policy is to reaffirm adherence to and acknowledgment of the City of Temecula as a general law city and include said policy in the City Council Protocol Manual.

POLICY:

The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows:

Adherence to and Acknowledgment of the City of Temecula as a General Law City Local government agencies are established through the California Government Code and Article XI of the California Constitution. Local government agencies include counties, cities, special districts, and other regional bodies. The City of Temecula is a local government agency pursuant to these laws and incorporated as such on December 1, 1989. Cities provide essential and general services and programs for their residents such as health and safety and parks and recreation.

Article XI, § 3 of the Constitution of California specifically provides for the creation of city government.

As of the date of adoption of this policy, there are 482 incorporated cities in the State of California.

Government Code §34100 et seq. sets forth the two types of cities - general law and charter. General law cities, the most common form, are governed by the California Government Code and other statutes.

Charter cities, consisting of approximately one -quarter of the cities in California, are governed by their adopted charter. Matters deemed to be of "statewide concern" by the State of California, may be governed by statute irrespective of general law or charter designation.

The City of Temecula is a general law city existing and operating pursuant to the laws set forth in the California Constitution, California Government Code, and other relevant statutes.

CITY OF TEMECULA

CITY COUNCIL POLICY
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Title:

Council -Manager Form of Government
Policy No.
2 Approved:

TBD
Revised:

N/A
PURPOSE:

The purpose of this City Council policy is to reaffirm that the City of Temecula operates as a council- manager form of government and include said policy in the City Council Protocol Manual.

POLICY:

The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows:
eration as a Council -Manager Form of Government
The council-manager form of government is the most common type of governance structure amongst cities in the United States. Under this form of government, residents elect a governing body (city council) to adopt legislation and set policy. The governing body then hires a manager or administrator with broad executive authority to carry out those policies and oversee the local government's day-to-day operations.

This structure is similar to that of a corporation in the private sector whereby a board of directors sets forth policy and a chief executive officer implements such policy.

The council-manager form of government recognizes the critical role of elected officials as policy makers, who focus on mapping out a collective vision for the community and establishing the policies that govern it. The form also recognizes the need for a highly -qualified individual who is devoted exclusively to the delivery of services to residents. Under the council-manager form, there is a clear distinction between the administrative role of the manager and the political and policy roles of the governing body. The operations of the local government organization reside with the appointed manager, allowing elected officials to devote their time and energy to policy development and the assessment of the effectiveness of those policies within the community.

Government Code Section §34851 et seq. sets forth the process by which a council-manager form of government may be established in California. Temecula Municipal Code § 2.12 et. seq., adopted pursuant to the aforementioned code section, sets forth the specific duties, powers, and responsibilities of a city manager in relation to their service to the City of Temecula.

The municipal structure of the City of Temecula is a council-manager form of government operating pursuant to the laws set forth in the California Government Code and Temecula Municipal Code.

CITY OF TEMECULA

CITY COUNCIL POLICY
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33 i he Heart of Southern California
Wine Country
Title:

Role of Mayor, Mayor Pro Tempore and City Council
Policy No.
3 Approved:

TBD
Revised:

N/A
PURPOSE:

The purpose of this City Council policy is to reaffirm the role of the Mayor, Mayor Pro Tempore and City Council and include said policy in the City Council Protocol Manual.

POLICY:

The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows:

Role of Mayor, Mayor Pro Tempore and City Council
The City of Temecula is a general law city, operating as a council-manager form of government, with a five -member, non -partisan legislative body. The legislative body is referred to as the city council. Each council member is directly elected by the registered voters of their district. The positions of mayor and mayor pro tempore are ceremonial in nature and not directly elected. The city council selects the mayor and mayor pro tempore amongst themselves and the positions typically serve a calendar year.

The mayor is the public face of the community who presides at meetings, facilitates communication and understanding between elected and appointed officials and the public, and assists the legislative body in setting goals and advocating policy decisions. The mayor facilitates discussion and decision -making on important topics. The mayor pro tempore assists the mayor in fulfilling their role and presides in the absence of the mayor as needed.

The primary role of the city council is to engage with the community to determine needs and in response provide policy direction to ensure a high quality of life for all. The city council exercises its authority and sets policy through an ordinance, resolution, or minute order capturing its collective action on a variety of topics such as health and safety, fiscal stability, and growth and sustainability. The city council also adopts the annual budget, appoints members to its advisory boards and commissions, and manages the positions of the city manager and city attorney. All other employees in the City of Temecula remain the management responsibility of the city manager and department directors appointed by the city manager.

General day-to-day operations remain under the purview of the city manager appointed by the city council.

The above reaffirms the role of the mayor, mayor pro tempore, and city council in the City of Temecula, a general law city with a council-manager form of government.

CITY OF TEMECULA

CITY COUNCIL POLICY
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Title:

Selection of Mayor and Mayor Pro Tempore
Policy No.
4 Approved:

TBD
Revised:

N/A
PURPOSE:

The purpose of this City Council policy is to provide a process for the selection of the Mayor and Mayor Pro Tempore to serve in honorary positions of the City Council.

POLICY:

The policy of the City Council with respect to the matter listed in the above -referenced title is as follows:

The City of Temecula is a general law city, operating under the structure of a council-manager form of government, with a five -member, non -partisan legislative body. The legislative body is referred to as the city council. The city council has within it the position of mayor and mayor pro tempore. The positions of mayor and mayor pro tempore are ceremonial in nature and not directly elected. The city council selects the mayor and mayor pro tempore amongst themselves and the positions typically serve a calendar year.

The selection of the mayor and mayor pro tempore occurs annually at the last regularly scheduled council meeting in December. In an election year, the selection of the mayor and mayor pro tempore shall occur at the regularly scheduled council meeting in December at which the election is certified after the results are declared and the new council is seated.

Qualifications for Serving as Mayor and Mayor Pro Tempore To serve as mayor, an individual must have served on the city council for at least two years in their current term. To serve as mayor pro tempore, an individual must have served on the city council for at least one year in their current term. An individual may decline to serve in this role and/or resign at any time.

Term of Mavor and Mavor Pro Tempore
The term of mayor and mayor pro tempore shall be one year unless otherwise designated by a majority of the city council. Terms may be extended by a majority vote of the city council in a declared emergency such as a natural disaster. A regular report shall be provided to the city council in any circumstance whereby a term is extended on a temporary basis in an emergency circumstance. Terms may be also be limited by a majority vote of the city council under extenuating circumstances. Extentuating circumstances may include criminal activity, medical need, excessive absences from public meetings, or similar circumstance whereby a majority of the city council deems it appropriate to limit the term of mayor and/or mayor pro tempore.

Rotation of Mayor and Mayor Pro Tempore
The selection of the mayor and mayor pro tempore shall be determined by seniority based on a member's continuous length of service on the city council without having served as mayor. The individual with the longest continuous service on the council without having served as mayor shall be appointed to serve as mayor. The individual with the second longest continuous length of service on the council without having served as mayor shall be appointed to serve as mayor pro tempore. In the event two or more individuals have equal seniority, the individual with the higher vote count in his or her most recent election will be considered to have higher seniority and shall be selected. The position of mayor pro tempore shall automatically succeed to the position of mayor.

The above reaffirms the selection policy of the mayor and mayor pro tempore for the city council in the City of Temecula. Said policy shall apply to both appointed and elected members of the city council.

Item No. 20

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Director of Community Development
DATE: May 23, 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 April 2023.

CURRENT PLANNING ACTIVITIES
Planning processed forty-four (44) new applications and conducted one (1) Public Hearing in April 2023. A detailed account of planning activities is attached to this report.

Planning Statistics
April
Long Range Project
12 Accessory Dwelling Unit
Conditional j, 3t Pertillt
2 Development Plan
Massaue Permits
1 Modifications
�13
Pre -Application
3 Public Convenience or Necessity 1
Temporary Use Permit
3 Vendor License
Wireless Antenna Facility
1 Zoning Letter
Total
44 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 Final SEIR has been completed by the consultant and meetings have taken place with the City Council and Planning Commission Subcommittee's. (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, September 27, 2022, and May 25, 2023, and the Old Town Temecula Planning Commission Subcommittee on October 19, 2022. The project is scheduled for Planning Commission on June 21, 2023. (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 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. An environmental consultant has been selected and is under contract to prepare an environmental document for the project. (COOPER) FORE Temecula (PA23-0057): The City is processing a Development Plan for a 213-unit apartment community built on 6.6 acres located at 27468 Ynez Road in the Temecula Town Center Shopping Center.

The project is taking advantage of a mixed -use overlay within the City of Temecula General Plan. The project applicant met with the City Council General Plan Update Ad Hoc Subcommittee on March 14, 2023. (COOPER)
U-HAUL (PA23-0056): The City is processing a Development Plan for an approximately 40,883 square foot four story self -storage facility located on the southwest corner of Las Haciendas Street and Jefferson Avenue. (COOPER)
Firenze Appeal (PA23-0045): The City is processing an Appeal to the approved Firenze Development Plan (PA21-1023). The project was originally approved on January 20, 2023 (APN:921-060-058). (COOPER)
Rancho-12 Tentative Tract Map (PA22-0047): A Tentative Tract Map for a 12-lot single-family development located at 31670 Rancho California Road. (JONES) Starbucks Ynez Road Modification (PA22-0722): A Major Modification application to allow revisions to an existing commercial site. Revisions will include fagade and site improvements. The project is located at 27425 Ynez Road. (JONES)
White Barn Development Plan (PA22-0874): A Development Plan Application for a proposed 9,100 square -foot daycare facility on the vacant 2.46-acre parcel located at 39970 Cantrell Road. (JONES) Be Good Hotel (PA22-0995): A Development Plan Application to review a four-story hotel featuring nine rooms, restaurant and subterranean parking. The project is generally located on the northwest corner of Fourth Street and Mercedes Street. (JONES)
Amazon Delivery Van Parking Lot (PA22-1025): A modification application to allow a parking lot expansion to accommodate delivery van parking. The project is located at 27731 Diaz Road. (JONES) 412 Church Modification (PA22-1093): a Modification Application to convert the existing building into a church and to create an outdoor patio on the south side of the building located at 27919 Jefferson Avenue. (JONES)
Better Buzz/Ono BBQ Development Plan (PA23-0030): A Development Plan to allow the construction of two commercial structures totaling approximately 4,414 square feet. Structures will be used for a restaurant and coffee shop. The project is located at 29540 Rancho California Road. (JONES) Old Town Townhomes Development Plan (PA22-0941): the City is processing a Development Plan Application for the construction of 14 multifamily residential units on the vacant .68-acre parcel located at 42146 Sixth Street. (CARDENAS)

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 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 hard copies have been distributed to the City Council, City Staff, Boards, and Commissions. (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 website for the QLMP.

The intent of the website is to provide a "dashboard" to display the seven Core Values and eventually incorporate the goals and policies of the updated General Plan. The website will also be used to measure the city's progress towards achieving the Citizen's 20-Year Priorities identified in the QLMP. The dashboard will be displayed on a third -party website and will incorporate links and useful indicators intended for user- friendly navigation. MIG currently drafting a style guide and wireframe for staff to review. (GARCIA) 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 has executed the agreement for services and will begin updating the graphics as requested. Planning and Traffic Engineering have been working on updated street cross sections and a map to identify cross section placements. (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 retained Fehr & Peers (F&P) Transportation Consultants 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, Placeworks, to design and implement the Old Town Parklets. Locations and design themes will be determined throughout the process.

Due to the project change, a new contract is currently being drafted with an updated scope and fees from Placeworks. This will include a reduction in the contract amount and term extension. The project kickoff meeting with city staff is scheduled for May 1 Oth. (GARCIA) Complete Streets (LR23-0043): This project will draft a citywide policy for the city to ensure transportation infrastructure is designed to enhance safety, accessibility, and mobility for all users. A Complete Streets Checklist will be developed to be used internally to ensure that transportation infrastructure projects are implementing Complete Streets where practical by considering the feasibility of Complete Streets improvements and ensuring consistency with other planning documents. The City has retained Fehr & Peers Transportation Consultants to draft the Complete Streets Policy, implementation checklist, and mid -block crosswalk criteria. This project is being funded by the Local Early Action Planning (LEAP) grant that was awarded by the State Department of Housing and Community Development (HCD). The Agreement with Fehr & Peers was approved by City Council on April 25th, 2023. The project kickoff meeting with city staff is scheduled for May 15th. (GARCIA)
Climate Action Plan (CAP) Baseline Evaluation (LR23-0083): The City was awarded funds from the Local Early Action Planning (LEAP) grant opportunity by the State Department of Housing and Community Development (HCD) to prepare an internal report of the city's baseline Greenhouse Gas Emissions (GHG) inventory. The intent is for the City to have full documentation of a baseline emissions inventory that can be used as the City develops a Climate Action Plan. The City has hired WSP to collect data needed to estimate GHG emissions and include vehicle fuel economy standards, electric vehicle mandates, renewable electricity standards, waste reduction targets, and water use restrictions. The project kickoff meeting with city staff is anticipated for mid -June. (GARCIA)
Wayfinding Guide (LR23-0167): The city is working with a consultant, Alta Planning + Design, Inc., to implement a bicycle wayfinding system for the bike lanes and trails throughout the city. Alta will draft a wayfinding strategy memo that outlines best practices for destination selection, sign placement, and sign programming. The Multi -Use Trails and Bikeways Master Plan that was adopted in 2016 will act as an implementation and style guide to create an interconnected network designed to encourage more residents to use active transportation. The contract with Alta is in the works and the project kickoff is anticipated for mid -June. (GARCIA)
Land Use Economic Opportunity Study (LR23-0078): In preparation for the General Plan Update staff has engaged Keyser Marston Associates (KMA) to complete a new Land Use Economic Opportunity Study.

Staff is presently working on the agreement, funded through a LEAP Grant and services will commence once executed. (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.

The kickoff meeting was held with 18 in attendance, the Development Team has been assigned and consultant is planning for fieldwork in the coming weeks. Fieldwork was performed on March 281h and associated studies will be provided in due time. (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. Staff approached the consultant to include recently approved legislation in their analysis, and was unwilling. For this reason, staff with the assistance of the City Attorney's office will draft the Ordinance and the consultant has been released from the agreement through WRCOG. Staff continues to work with the City Attorney's Office on drafting the Ordinance. (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 and recommend technology for monitoring parking in real time. (JONES) Quality of Life Ordinance (LR23-0050): An Ordinance to address some concerns in 4 key areas that Staff has public safety concerns, 1) Massage Businesses attempting to circumvent the exemptions provided for in the Municipal Code and address some operational concerns raise by RSO, 2) Tobacco or "Smoke" Shops increasing number within the City and the process of licensing such establishments, 3) Smoking along public sidewalks with a focus on Old Town and the impacts to the walkable family feel the City and business owners have worked so hard to create, and 4) The growing availability of Kratom. Staff met with the City Council Public Safety Ad Hoc Subcommittee (JABK) on 4/25 to discuss the proposed scope of the ordinance and to obtain Councilmembers feedback and direction on the proposed ordinance. Staff has further analysis to perform and will return with a draft ordinance in the near future for their review. (COLLINS) Annual Title 17 Cleanup (LR23-0180): An annual effort of Community Development to identify areas of the code that need clarification, correction or an update. This is also performed to implement various components of state law. Staff has begun compiling the proposed changes and an ordinance will be drafted shortly thereafter. (COLLINS)

HOUSING
Las Haciendas Affordable Housing Project: The City has approved the construction of 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. Community HousingWorks (CHW), the developer, has closed their interest list to the public, the lottery has taken place, and the property management company ConAm Management is working on getting future tenants approved before the move in date. The project is currently under construction in Uptown Jefferson. (URIAS) Old Town Temecula Town Homes: The City is reviewing a Development Plan application for the construction of 14 multi -family residential units on the vacant .68-acre parcel located at 42146 Sixth Street. (CARDENAS)
Habitat (6) Homes Affordable Project: The City is working with Habitat for Humanity Inland Valley, INC., a California nonprofit developer, to finalize a draft Disposition and Development agreement for the construction of six (6) homes that will be available for purchase to families that qualify under low income or very low-income homebuyer income qualifications. The Disposition and Development agreement is scheduled four City Council on May 23rd. (URIAS)
Request For Proposal (RFP) of the Jefferson Ave/Uptown Vacant Parcel: The City is working on starting the process to RFP the vacant parcel located in Uptown on Jefferson Avenue to the South of the French Valley Interchange exit. This parcel has an Affordable Housing Overlay Zone and The City plans to build affordable housing on this parcel. (URIAS)

BUILDING & SAFETY
Building and Safety statistics for April 2023 are highlighted in the following table.

Building & Safety Statistics
April
Permits
4S=
New Single Family Units
+ 0
Ncnv Commercial Building
0 Photovoltaic
224
Tenant Impro� emeut
6 Non Constriction C of O
23 Dumber of ,erive Plan Checks
401
Number of Nmv Plan Checks
' 239
Dumber of Finaled Permits
302
Inspections.
3545
Inspections Per Day
177
Inspections Per Person Per Day
44 Stops Per Month
1035
isitors to Counter
0 Non -Construction Certificate of Occupancy
Habitat for Humanity (8,720 SF)
Small Animal Veterinary & Temecula Creek Equine Veterinary Service (3,693 SF) CycleBar (3,005 SF)

Tenant Improvement
• West Coast Pet Crematory Memorial (9,108 SF)
• Walmart(11, 076 s y ft)
• Mary Phillips Senior Center (7,886 SF1

CODE ENFORCEMENT
During the month April, Code Enforcement responded to 141 web inquiries. In addition, the division opened 268 code cases, conducted 519 regular inspections, and forwarded 27 referrals.

Code Fement Statistics April
abandoned or Inoperable �elucle 2
- acant Home i Prop_ Maintenance . Infestation. Mold 8
Business or Horne Occupation w o license. CUP 12
Trash and Debris. Dumping 2D
Overgrownegetation . Needs Fire Hazard 106
Green Pool 'Vector Control r Stagnant Water 5
�;Tafflti
23 'imm'Nuisance Animal Control
, 11
Trailer. R%- Stored Boat. Parking
14 Zaasduction iv o PermitBuilding Code
is
ticroach Public RO . Trash Cans
13 ?oning'Signs
36 ?ublic Safety & Health
0 total Number of Cases
268
Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties.

Foreclosure Statistics
April
Residential -
Default:
47 Residential -
Foreclosure
26 Residential -
REC
11 Total - Residential
84 Commercial
- Defaoult
2 Coammerual
- Foreclosure
1 Commercial
- REO
0 Total - Commercial
3 ATTACHMENT: Current Planning Activity Report

PLANNING ACTIVITY REPORT
Assigned Planner Approval
PA Number Project Address APN Apply Date Date Applicant PA23-0141 30865 Jedediah Smith Rd 959-010-003 Jaime Cardenas 04/03/2023 Xavier Temecula, CA 92592 Hernandez
Case Title / Description: Grammatico ADU: an Accessory Dwelling Unit application to for a 1200 square foot ADU with an attached 552 square foot garage and a 316 square foot covered patio on the property located at 30865 Jedediah Smith Road.

PA23-0145 28676 Old Town Front St 922-044-009 Yannin Marquez 04/03/2023 04/26/2023 Dean Norris Temecula, CA 92590
Case Title / Description: Swing Inn Rod Run food vendor TUP: A Temporary Use Permit for selling food and alcohol at 28676 Old Town Front Street during the Rod Run event on May 5th & 6th 2023 from 10:00 AM to 11:00 PM.

Company Owner Plan Type Status
Giuseppe PL Accessory Plan Review
Grammatico Dwelling Unit
Bridgeton Lake PL Temporary Approved
Holdings Use Permit
PA23-0146 29750 Rancho California Rd 921-760-001 Jaime Cardenas 04/04/2023 Nick Stephens Davi Allen PL Modifications Plan Review Temecula, CA 92591
Case Title / Description: 7-Eleven ADA Improvements MOD: a modification application to adjust the slope of the ADA ramp to be compliant for the 7-Eleven located at 29750 Rancho California Road.

PA23-0147 32225 Temecula Pky 960-010-047 Jaime Cardenas 04/04/2023 TJ Suwanswetr Temecula, CA 92592
Case Title / Description: Wal-Mart Paint MOD: a Modification Application for color scheme change to the existing building occupied by Wal-Mart located at 32225 Temecula Parkway.

PA23-0148 41770 Margarita Rd, 100, 101, 921-330-033 Yannin Marquez 04/04/2023 04/20/2023 Brandi Quijas & 102
Temecula, CA 92591
Case Title / Description: Sycamore Terrace Apartments Solar MOD: a Modification Application (Planning Review Only) to install roof mounted solar panels located at 41770 Margarita Road, units 100, 101, and 102.

PA23-0149 28551 Rancho California Rd 921-280-001 Jaime Cardenas 04/04/2023 Sabrina Frontino Temecula, CA 92590
Case Title / Description: Girlfriends of Inland Empire Market TUP: a Temporary Use Permit for a proposed vendor market from 11AM-4PM on April 14, 2023 on the property located at 28551 Rancho California Road.

Redhawk Towne PI -Modifications Plan Review
Center II
Packer Pointe PL Modifications Approved
Donald PL Temporary Cancelled
Manderscheid Use Permit

Page 1 of 5 ends

Assigned Planner Approval
PA Number Project Address APN Apply Date Date
Applicant Company Owner Plan Type Status
PA23-0150 41480 Sanborn Ave 910-272-008 Scott Cooper 04/04/2023 05/03/2023 Alfred Daher II Alfred Daher PL Public Approved
Temecula, CA 92590
Convenience or
Necessity
Application
Case Title / Description: 76 Service Station PCN: A Finding of Public Convenience or Necessity Application to allow a Type 20 ABC License for off -sale beer and wine for a gas station and convenience store, located at 41480 Sanborn Avenue.

PA23-0151 45042 Corte Bella Donna 961-193-014 Yannin Marquez 04/04/2023 04/17/2023 Mark Flolo Mark Flolo PL Modifications Approved
Temecula, CA 92592
Case Title / Description: Flolo Residence Deck Expansion MOD: a Modification Application (Planning Review Only) to expand an existing deck to a 530 square foot deck located at 45042 Corte Bella Donna.

PA23-0152 40940 County Center Dr 910-110-088 Jaime Cardenas 04/05/2023 Ashley Hollihan County Center PL Wireless Out
Temecula, CA 92591
Drive Inv Antenna Facility
Case Title / Description: 40940 County Center Drive WTF: a Modification Application for new wireless antenna and supporting equipment on the existing wireless facility located at 40940 County Center Drive.

PA23-0154 28406 Equity Dr 916-400-044 Scott Cooper 04/06/2023 Michael Grant Michael Grant PL Modifications Out
Temecula, CA
Case Title / Description: Lantern Crest MOD: A Modification to a previously approved Modification (PA19-1452) for revisions to the phasing, elevations, and site layout located at the southeast corner of Date Street and Ynez Road
PA23-0155 29640 Solana Way 921-330-056 Scott Cooper 04/06/2023 Todd Balicki Griffin Living, PL Modifications Out
Temecula, CA 92591
LLC
Case Title / Description: Solana Way Assisted Living MOD: A Modification to a previously approved Development Plan (PA19-0940) to revise exterior elevations related to the location and number of windows, doors, and balconies. The project is located at 29640 Solana Way.

PA23-0156 32465 San Marco Dr 959-142-048 Yannin Marquez 04/06/2023 05/02/2023 Jennifer Derrick PL Modifications Approved
Temecula, CA 92592
Case Title / Description: Derrick JADU MOD: a Minor Modification Application (Planning Review Only) for the conversion of a third car garage into the living and kitchen area for a new 460 square foot junior accessory dwelling unit located at 32465 San Marco Drive.

Page 2 of 5 ends

Assigned Planner Approval
PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0158 921-030-044 Eric Jones 04/07/2023 Thomas Kim Greenlaw PL Development Plan Review Temecula, CA Temecula Plan
Investor
Case Title / Description: Diaz RE Holdings LLC. DP: A Development Plan Application to construct a lot that can accommodate uses such as RV, boat, POD, light construction equipment, surplus vehicle, and/or fleet vehicle parking and storage. The project is located at APN: 921-030-044.

PA23-0159 31765 Temecula Pky 961-080-022 Eric Jones 04/07/2023 Kevin Kohan
New Plan Excel
PL Conditional Out
Temecula, CA 92592
Realty Trust Inc.

Use Permit
Case Title / Description: Bark Social CUP: A Conditional Use Permit to allow a newly proposed restaurant with a dog play area to obtain an ABC Type-47 alcohol license. The project is located at 31781 Temecula Parkway.

PA23-0160 40665 Winchester Rd, 8-103 910-290-006 Yannin Marquez 04/10/2023 Tammara
Winchester
PL Massage Plan Review
Temecula, CA 92591
(Tammy) Miller
Marketplace
Permits
Case Title / Description: Massage Green Spa MEP: A Massage Establishment Permit for Massage Green Spa located at 40665 Winchester Road, Suite B-103.

PA23-0161 42101 Moraga Rd 921-310-025 Jaime Cardenas 04/10/2023 Jennifer Willert
Saint Thomas
PL Zoning or Plan Review
Temecula, CA 92591
The Hermit
Planning Letter
Coptic Orthodox
Church
Case Title / Description: 42101 Moraga Road ZL: a zoning verification letter for the property located 42101 Moraga Road (921-310-025).

PA23-0162 41754 Margarita Rd 921-810-010 Jaime Cardenas 04/10/2023 04/25/2023 Kasey Little Nova Group
Fairfield
PL Zoning or Completed
Temecula, CA 92591
GBC
Residential
Planning Letter
Company LLC
Case Title / Description: Solana Ridge Apartments ZL: a Zoning Verification Letter for the project located at 41754 Margarita Road (921-810-010).

PA23-0164 27460 Bostik Ct 909-360-038 Jaime Cardenas 04/11/2023 04/26/2023 Emily Carter
Bostik Inc
PL Modifications Approved
Temecula, CA 92590
Case Title / Description: Bostik LN Tank MOD: a Modification Application for a proposed 3,000-gallon liquid nitrogen tank at the rear of the existing industrial building located at 27460 Bostik Court.

PA23-0165 46422 Koh inoor Way 962-381-006 Jaime Cardenas 04/11/2023 Sonny
Jeff Young
PL Modifications Plan Review
Temecula, CA 92592
Mascarenas
Case Title / Description: Young Residence Patio Cover MOD: a Modification Application for an attached 462 square foot patio cover at the rear of the existing residence located at 46422 Kohinoor Way.

Page 3 of 5 ends

Assigned Planner Approval
PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0168 29720 Rancho California Rd 921-320-021 Yannin Marquez 04/18/2023 Craig Blume Henkin Group PL Modifications Out Temecula, CA 92591
Case Title / Description: O'Reilly Auto Parts Exterior MOD: a Modification Application (Planning Review Only) to add a new door at the storefront, enlarge an existing door at the rear of building, new wall pack and replace door hardware at existing storefront system for O'Reilly Auto Parts located at 29720 Rancho California Road.

PA23-0169 30791 Jedediah Smith Rd 959-010-002 Yannin Marquez 04/18/2023 Yueh-Chiao Lin
Yueh-Chiao Lin
PL Accessory
Plan Review
Temecula, CA 92592
Dwelling Unit
Case Title / Description: Lin Residence ADU: an Accessory Dwelling Unit Application for a 876 square foot detached accessory dwelling unit located at 30791 Jedediah Smith Road.

PA23-0174 26463 Ynez Rd 910-300-014 Jaime Cardenas 04/21/2023 Lauren
Kimco Palm
PL Temporary
Cancelled
Temecula, CA 92591
Robertson
Plaza
Use Permit
Case Title / Description: Girls Day Out Market TUP: a Temporary Use Permit to host a local vendor market at the Tristone Cinemas parking lot located at 26463 Ynez Road.

PA23-0175 31093 Temecula Pky 961-410-048 Jaime Cardenas 04/21/2023 Temecula Creek
PL Conditional
Plan Review
Temecula, CA 92592
Plaza
Use Permit
Case Title / Description: Board and Brush Creative Studio CUP: a Conditional Use Permit application for a wood/craft art studio to obtain a Type 42 alcohol license at the commercial site located at 31093 Temecula Parkway, Suite D5.

PA23-0176 42375 Remington Ave 909-370-036 Jaime Cardenas 04/24/2023 5670 TEMECULA 5670
PL Modifications
Plan Review
Temecula, CA 92590

TEMECULA
Case Title / Description: Scotts Miracle Grow Mezzanine MOD: a Modification Application for the addition of a 6,975 square -foot mezzanine within the existing industrial building located at 42375 Remington Avenue.

PA23-0178 31795 Rancho California Rd 954-030-002 Jaime Cardenas 04/24/2023 04/26/2023 Kellie Willits MHSC-Temecula PL Zoning or Completed Temecula, CA 92592 Planning Letter
Case Title / Description: Meadows Village ZL: a zoning verification letter for the two parcels located in the Meadows Village commercial center located at the southeast corner of Rancho California and Meadows Parkway (954-030-002 and 954-030-003).

PA23-0179 30470 Pauba Rd 945-050-017 Yannin Marquez 04/25/2023 04/26/2023 Roger Sherer PL Modifications Plan Review Temecula, CA 92592
Case Title / Description: Trinity Lutheran Church MOD: a Minor Modification (Planning Review Only) to extend the approval of the temporary use of the modular structures for a period of five years located at 30470 Pauba Road.

Page 4 of 5 ends

Assigned Planner Approval
PA Number Project Address APN Apply Date Date
PA23-0182 28636 Old Town Front St, 102 922-034-036 Eric Jones 04/27/2023 Temecula, CA 92590
Case Title / Description: Old Town Blues Club CUP MOD: a Minor Modification Application to modify an existing conditional use permit to change the alcohol beverage license from type 42 to type 90 and allow business doors to remain open while live music is played located at 28636 Old Town Front Street, Suite 102 PA23-0183
Applicant Company Owner Plan Type Status
Andrew Doty Front & Main PL Modifications Applied
Yannin Marquez 04/28/2023 Kenneth Haskins
Case Title / Description: K&K Creamery Vendor Cart VL: An Outdoor Vendor License application for a roaming ice cream vendor cart operating Monday through Sunday from 10:00 a.m. to 8:00 p.m.

PL Vendor Plan Review
License
PA23-0184 31208 Camino Del Este 953-041-031 Yannin Marquez 04/28/2023 Melinda Reyes Dave Madden Pat Pedrotti PL Accessory Plan Review Temecula, CA 92591 Architect Dwelling Unit
Case Title / Description: Pedrotti Residence ADU: an Accessory Dwelling Unit application for a 1,197 square foot detached accessory dwelling unit located at 31208 Camino Del Este.

PREAPP23-0163 27725 Jefferson Ave, 101 921-400-031 Jaime Cardenas 04/10/2023 04/25/2023 Salvador Herrera Jefferson Plaza PL Completed Temecula, CA 92590 Center Pre -Application
Case Title / Description: Salud Family Restaurant Pre-App: a Pre -Application to review Salud Family Restaurant (formerly Antro Latin Lounge) located at 27725 Jefferson Avenue, Suite 101.

PREAPP23-0166 28545 Felix Valdez Ave, 921-281-006 Yannin Marquez 04/12/2023 James Blakely PL Cancelled Building A Pre -Application
Temecula, CA 92590
Case Title / Description: Elite Form Training LLC Pre-App: a Pre -Application for a sports training facility for grades K-12 located at 28545 Felix Valdez Avenue, Building A.

PREAPP23-0177 40910 Temecula Center Dr 916-400-025 Scott Cooper 04/24/2023 Marcus Temecula, CA 92591 Kemmerer
Case Title / Description: Mercedes Benz Sprinter Van Dealership Pre-App: A Pre -Application for an approximately 55,052 square foot Mercedes Benz Sprinter Van Dealership including sales, display, parts and service, detail area, employee wellness gym, and a 2nd story parking structure located adjacent to the existing Mercedes Benz Dealership on the southwest corner of Temecula Center Dr. and Ynez Rd.

PL Plan Review
Pre -Application

Page 5 of 5 ends

Item No. 21

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: John Crater, Division Chief
DATE: May 23, 2023
SUBJECT: Fire Department Monthly Report
PREPARED BY:

RECOMMENDATION:

Report.

Wendy Miller, Management Analyst
That the City Council receive and file the Fire Department Monthly ATTACHMENT: Fire Monthly Report

CITY OF TEMECULA

FIRE DEPARTMENT
Operations Prevention I Training I Emergency Management ill.;:

MONTHLY REPORT APRIL 2023
0 0 _,. 7 17165
1 �__--.
7 Engines I USAR 12 Truck I I Squad Population - 112,194 ing Calls far Service in 2U22 5 Stations
- V•�` � rillri.: rim• - •5 S;•d
IY• - T r V l
1111
APRIL CALL BREAKDOWN ,A_RIL
Other Y..... -= -
}s''•
TYPE: i - # �,
TYPE: = — ■fir # a Y;;_.r . {j• . f -
fi� COMMERCIAL FIRE 0 TRAFFIC COLLISION 71
MULTI -FAMILY FIRE .0 MEDICAL EMERGENCY B20 TC
RESIDENTIAL FIRE 3-- OTHER MISCELLANEOUS 0
PUBLIC ASSIST, - 41,; -
WILDLAND FIRE77_7'_> _-. -- STANDBY-- . ►+ r „ , , �:. . i "VEHICLE FIRE
•—'� = #==_MedicalEmergencies

OTHER FIRE
Lit
r RESCUE ... Y ;� 0 lip
...
- - RINGING ALARM
-:�. _.. { It F - , •'�
FALSE ALARM G4
HAZMAT4
:. -:• ' :.y r TOTAL: 74

CITY OF TEMECULA

FIRE DEPARTMENT
Operations Prevention I Training I Emergency Management MONTHLY REPORT APRIL 2023 ,}..
a
MT'l-ON—TRENDS
�+�r
•
_tom
� -
•- _
.. �,�
f9
:�
`l 1.71
i�AO:-'-- Y
�f
Iq /I
q 7
2 k I�4

CALLS THIS MONTH
i'
==s',.'
:
1 . - .-
li
r
:=
---
r
F-

CITY OF TEMECULA

FIRE DEPARTMENT
Operations I Prevention I Training I Emergency Management INUAI
CHECKS/REVIEWS PERMITS: ; :.;;;,::M _:= IN ECTIONS
_ --
I. 1 �•,f4 . � �.. 'r t Y
a
518
YTD: 2120 �:=_' - YTD:1884
,= YTD: 5

STRUCTM
INSPECTIONS ;
{- ► _
' - -� MIS _ • - � ... '___ _ :� - a .. •�-_ _
427
,
—=— YTD:16O4
MONTHLY REPORT APRIL 2023 a�
;,;:;..... APRIL INSPECTION BREAKDOWN

SPECIAL EVENT
26 _
YTD:115
q

CITY OF TEMECULA

FIRE DEPARTMENT
Operations Prevention I Training I Emergency Management a 9 �
MONTHLY REPORT I APRIL 2023= r -�
PROGRAM HIGHLIGHTS:-•,,.,,,,'''fi PREPAREDNESS TRAINING / EVENTS {: ��.,�:�� r��/�}ff.,. ...rr��,�{r��1� � , '- �kl�ll�ll��l_l_��I��111��-Y • 2023 Emergency Operations Plan App vedbythe City Council &MMUnity Presentations: 3��,ti�,�,t„
Mikel Alford has met the requirements or and awarded the CalOES Emergency Management Specialist designation k PEO Women's Association
�` ,_ �• �~
• OEM hosted the Kick -Off Meeting between the City of Temecula and DRC Pacific for our Catastrophic Emergency Vet Hospital Disaster Debris Removal standby agreement A a.. {.. ;� 1 _- ` ;�+, Michelle's Place (Stop the Bleed) --�----� — Community Preparedness Backpacks: 3-
P��NNED COMMUNITY EVENTS SUPPORTED: �}�:� ,��:��.��=a��— �� • Wolf Creek Safety Fair Ar �_
• TEEN CERT Course
• TCSD Community Services Expo -
GRANTS O CLAIMS: _ _ _
• Winter Storms 2023 DR-40: Riverside County has been added to thQrs Proclamation effective 20 April 2023
Initial Damage Estimate provided to Riverside County EMD — package is at CaIDES for review _ _ 2 . _ . fib'!, -� •
OEM D Public Works are submitting a Hazard Mitigation project for Rainbow Canyon Drive (Land/Rock Slide Prevention) • COVID Emergency Reimbursement Package: Under Review by FEMA • Fairview Fire Management Assistance Grant (FMAG) Package: Under Review by CalOES YTD:1a Total: 325
- 4r
EMERGENCY OPERATIONS CENTER,,V,'__, ,
Activations: :a
Current Status: L,�ye1.4- Nor al Aerations

Item No. 22

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Chris Durham, Chief of Police
DATE: May 23, 2023
SUBJECT: Temecula Sheriff's Monthly Report (April 2023) PREPARED BY:

RECOMMENDATION:

Chris Mattson, Sergeant
Receive and file.

The following report reflects the activity of the Temecula Sheriff's Department for April 2023.

PATROL SERVICES
Overall calls for police service.................................................................................................6,258 "Priority One" calls for service......................................................................................................82 Average response time for "Priority One" calls.........................................................................6.35 1IWIXIW►11MWA30
Chaplain....................................................................................................................................81.75 Community Action Patrol (CAP) hours..................................................................................556.20 Reserve officer hours (patrol)......................................................................................................134 Explorer.......................................................................................................................................41.5 Station/Administration..............................................................................................................17.50 Total Volunteer hours.............................................................................................................813.45 C�]11_I711COWSHI SI
Total customers served.....................................................................................522 Fingerprints/Live Scan.......................................................................................76 Policereports filed..............................................................................................2 Citationssigned off..........................................................................................11 Totalreceipts...........................................................................................................................$5,638

CRIME PREVENTION
Crime prevention/Neighborhood watch meetings...........................................................................1 Safety presentations/Training................................................................................0 Specialevents.................................................................................................................................12 Residential/Business security surveys conducted............................................................................0 Residences/Businesses visited for past crime follow-up.................................................................0 StationTours.................................................................................................................................... l Planning Review Projects.......................................................................................3 Temp Outdoor Use Permits..................................................................................13

SPECIAL TEAMS (CORE)
ReportsWritten...............................................................................................16 Onsight felony arrests..................................................................................................................... I On sight misdemeanor arrests................................................................................8 Felony arrest warrants served................................................................................. I Misdemeanor arrest warrants served.............................................................................................26 AreaChecks.....................................................................................................78 CampChecks................................................................................................................................15 PedestrianChecks.....................................................................................................35 Traffic Stops/Vehicle Checks..................................................................................................... 1/0 Outreachattempts / Success........................................................................................................ 5/6 SPECIAL TEAMS (Metro District Team)
Onsight, felony arrests......................................................................................18 On sight, misdemeanor arrests.......................................................................................................26 Felony arrest warrants served..........................................................................................................6 Misdemeanor arrest warrants served.............................................................................................70 Bar/Business checks......................................................................................................................48 D.U.I. Arrests..................................................................................................................................4 Traffic/Parking citations.............................................................................................................147 FirearmsSeized................................................................................................0 SPECIAL TEAMS (Special Enforcement Team)
Onsight felony arrests.....................................................................................................................1 On sight misdemeanor arrests..........................................................................................................

I
Felony arrest warrants served...........................................................................................................1 Misdemeanor arrest warrants served................................................................................................4 Follow-up investigations/search warrants...................................................................16 Parole/Probation Searches...............................................................................................................I PedestrianChecks...................................................................................................1 Traffic Stops/Vehicle Checks.......................................................................................................1/1 Marijuana Dispensary Checks....................................................................................................... 0 ROBBERY/BURGLARY SUPPRESSION TEAM
BeginningCaseload.......................................................................................................................48 TotalCases Assigned....................................................................................................................22 TotalCases Closed........................................................................................................................19 Search Warrants prepared/served...................................................................................................4 Arrests..............................................................................................................................................8 Outof Custody Filings............................................................................................9

TRAFFIC
Citations issued for hazardous violations..................................................................................1169 Non -hazardous citations...............................................................................................................163 Parkingcitations...........................................................................................................................178

Stop Light Abuse/Intersection Program (S.L.A.P.) citations.........................................................39 Seatbelts.........................................................................................................................................26 CellPhone Cites...........................................................................................................................264 Injurycollisions.............................................................................................................................27 D.U.I. Arrests.................................................................................................................................33 Grant -funded D.U.I. Traffic safety checkpoints/saturation enforcement........................................2 Grant -funded traffic click it or ticket/traffic enforcement..............................................................4

INVESTIGATIONS
BeginningCaseload.......................................................................................................................90 TotalCases Assigned....................................................................................................................31 TotalCases Closed........................................................................................................................42 Search Warrants prepared/served
.................................................................................................26 Arrests..............................................................................................................................................2 Outof Custody Filings............................................................................................5 Sex Offenders Processed....................................................................................20

PROMENADE MALL TEAM
Callsfor service...........................................................................................................................181 Felonyarrest/filings.........................................................................................................................2 Misdemeanor arrest/filings..............................................................................................................9 TrafficCitations..............................................................................................22 Total customers served................................................................................................................703 Fingerprints/Live Scans...............................................................................................................187 Totalreceipts........................................................................................... $6,594

SCHOOL RESOURCE OFFICERS
Felonyarrest.....................................................................................................................................2 Misdemeanor arrests........................................................................................................................9 Reports...........................................................................................................................................28 Citations.........................................................................................................................................19 Meetings/Presentations................................................................................................................197

Item No. 23

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2023
SUBJECT: Public Works Department Monthly Report
RECOMMENDATION: Receive and file the Public Works Department Monthly Report for Capital Improvement Projects, Maintenance Projects, and Land Development Projects. This report may also be viewed on the City's website at:
hl!p://temeculaca.gov/270/Cqpital-improvement-Projects-CIP ATTACHMENT: Project Status Report

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
May 23, 2023

CAPITAL IMPROVEMENT PROJECTS

CIRCULATION PROJECTS
Cherry Street Extension & Murrieta Creek Crossing, PW19-15 Description: Preliminary design of the Extension of Cherry Street from Adams Avenue to Diaz Road, including a new crossing of Murrieta Creek.

Cost: $37,831,090
Status: The City will receive 30% plans for a two -span bridge at the end of May, 2023. Environmental agencies have stated that a low -flow crossing is a non -starter. A bridge will exacerbate flooding. Staff is discussing options to proceed with this project.

Diaz Road Expansion, PW17-25
Description Improve Diaz Road to meet the roadway classification of Major Arterial (4 Lanes Divided), between Cherry Street and Rancho California Road. The 2.2-mile stretch will be widened, extended, and/or improved to create a contiguous Major Arterial segment. The project will be developed and constructed in two phases.

Phase 1 will include improvements on Diaz Road from Winchester Road to Rancho California Road. Phase 2 will include improvements on Diaz Road from Cherry Street to Winchester Road.

Cost: $14,255,991
Status: The environmental Initial Study has been approved, Mitigated Negative Declaration adopted, and Notice of Determination filed in May 2022. Design is 90% complete. Regulatory permit applications have been submitted for USACE 404 Nationwide Permit and CDFW Streambed Alteration 1602. Current activities include consultant review of 90% plan check comments, design coordination with utility purveyors (SCE, RCWD, and EMWD) and City project PW16-05 Murrieta Creek Bridge at Overland Drive, Riverside County Flood Control review of 90% design plans and Encroachment Permit application, and preparation of regulatory permit applications for SWRCB 401 Water Quality Certification and USACE Section 408.

Construction previously anticipated to start in Spring of 2023 is now delayed to Spring/Summer of 2024 due to EMWD sewer line project on Diaz Rd starting construction in Q1/Q2 of 2023.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
May 23, 2023
CIRCULATION PROJECTS (Continued)
French Valley Parkway/Interstate 15 Improvements- Phase 11, PW16-01 Description: Design and construction of the two-lane northbound collector/distributer road system beginning north of the Winchester Road interchange on -ramps and ending just north of the Interstate 15/Interstate 215 junction with connection to Interstate 15 and Interstate 215.

Cost: $138,736,346
Status: Project is under construction May 2023 — May 2025 1-15 Congestion Relief, PW19-02
Description Design and construction of a single auxiliary lane, northbound Interstate 15 connecting the Temecula Parkway on -ramp to the Rancho California Road off -ramp.

Cost: $8,971,710
Status: Design and environmental studies November 2019 — May 2023. Environmental revalidation was approved in March 2023. Current activities include Caltrans review of the 100% Plans, Specifications, and Estimate.

Target for beginning of construction is Fall 2023.

Rainbow Canyon Road Pavement Rehab, PW22-15
Description Design and construction of pavement rehab for Rainbow Canyon Rd from Pechanga Parkway to southern City Limits.

Cost: $2,900,000
Status: Design has started. SB&O subconsultants have started ground penetrating radar scope of work to locate gas lines located underneath the roadway.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
May 23, 2023
CIRCULATION PROJECTS (Continued)
Murrieta Creek Bridge at Overland Drive, PW16-05
Description: Design and construction of a new bridge crossing over Murrieta Creek between Rancho California Road and Winchester Road.

Cost: $26,073,374
Status: The City applied and was approved to receive Federal Highway Bridge Program (HBP) funds. City Council approved the design agreement with CNS Engineers Inc. at the March 12, 2019, meeting. Preliminary Environmental Study (PES) approved by Caltrans on August 15, 2019. Plans are 65% complete. RCA JPR Conformance is approved. Biological monitoring in Temecula Creek for potential mitigation site is complete as of July 2021. Project has received MSHCP conformance. Staff continues to work with Caltrans to advance HBP Grant Funds to earlier fiscal years. Caltrans HBP Program management had proposed reducing the curb -to -curb width of the bridge that is considered "participating" for grant funding purposes.

Staff has been able to address this issue with Caltrans and the majority of the bridge width will remain as a participating cost. 2022 HBP Bridge Update was submitted in August. NEPA approval is anticipated in May of 2023, Caltrans review time has been longer than anticipated. Construction start is anticipated mid to late 2025 depending on availability of HBP funds.

Overland Drive Widening, PW 20-11
Description This project includes widening Overland Drive from Jefferson Avenue to Commerce Center Drive, to two lanes in each direction, and the completion of missing segments of sidewalk, streetlights, and installation of the traffic signal at Commerce Center Drive and the modification of the traffic signal at Jefferson Avenue.

Cost: $2,894,420
Status: 60% plan check submittal package was returned to design consultant for corrections in mid -September. 90% plan check submittal package is anticipated to be submitted in May 2023.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
May 23, 2023
CIRCULATION PROJECTS (Continued)
Pavement Rehabilitation Program — Ynez Road, Solana Way, Nicolas Road and Winchester Road, PW 21-10
Description: Pavement rehabilitation project on Ynez Road, Solana Way, Nicolas Road and Winchester Road.

Pavement rehabilitation includes full width and/or edge grinding of existing asphalt, localized dig outs, preparation of grade, and placement of rubberized asphalt concrete pavement. Work also includes reconstruction of ADA curb ramps, removal and replacement of curb and gutter, adjustment of existing utilities to grade, installation and removal of temporary video detection and restoration of existing striping, and detector loops.

Cost: $4,651,420.13
Status: Construction contract was awarded by City Council on October 11, 2022. Construction started on October 17, 2022 And then suspended due to low temperatures. Construction restarted on April 10, 2023.

Anticipated completion of project is end of May 2023.

Pavement Rehabilitation Program- Meadowview/ Paloma Del Sol, PW21-06 Description: Rehabilitation of roads in interior streets in the Meadowview tract, and Paloma Del Sol tract Amarita Way, Montelegro Way, and Santiago Rd.

Cost: $4,732,266.70
Status: In construction. The Paloma Del Sol portion of the project is complete. Final road striping and raising of utilities currently underway in the Meadowview area. Anticipated completion of project is end of May 2023.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
May 23, 2023

INFRASTRUCTURE PROJECTS
Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive, PW19-19 Description: This project includes the installation of a traffic signal on Rancho California Road at Tee Drive.

Cost: $471970
Status: In construction, all conduits have been installed and all foundations have been poured. The traffic signal service pedestal location is awaiting inspection to pour slab and install cabinet. Traffic signal poles have been ordered and anticipated to be delivered on 5/26/23. Construction completion is anticipated at the end of June 2023.

Traffic Signal and Park & Ride Access Improvements, PW18-11 Description: This project includes the installation of a traffic signal on Temecula Parkway at Wabash Lane. The project also includes relocating the access to the Park and Ride facility on Temecula Parkway at La Paz Road from Vallejo Avenue to Wabash Lane.

Cost: $1,347,674
Status: The traffic signal and the new access road to the Park and Ride are fully operational. Access to Park and Ride from Vallejo Ave. has been closed and a permanent block wall will be constructed. Construction completion is anticipated in May of 2023.

Traffic Signal- System Upgrade (Protective/Permissive Signal Heads), PW19-09 Description: This project will modify traffic signals at three (3) locations in the City to provide protected/permissive signal operations. The three (3) intersections include Margarita Road/Verdes Lane, Redhawk Parkway/Paseo Parallon-Overland Trail, and Winchester Road/Enterprise Circle.

Cost: $481,900
Status: Project is currently out to bid.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
May 23, 2023
INFRASTRUCTURE PROJECTS (Continued)
Bike and Trail Program — Great Oak Trail Lighting, PW21-16 Description: Project includes the installation of solar lights along the Great Oak Trail adjacent to the northeast side of Pechanga Parkway from Deer Hollow Way to Loma Linda Road.

Cost: $400,000
Status: Project is currently in design.

Citywide Drainage Master Plan, PW19-16
Description: Project will prepare a report that shows all drainage courses within the City. Also includes a master hydrology study showing the anticipated storm flows at build -out.

Cost: $600,000
Status: GIS database in process of being updated. Full GIS drainage update anticipated in June 2023.

Community Recreation Center (CRC) Renovations, PW19-07
Description: The project facilitates the rehabilitation, improvement, and reconfiguration of the Community Recreation Center. This project includes expansion and reconfiguration of teen center; conversion of office space to accommodate a dedicated police substation; renovation of key components of the building including safety features, flooring, roof, and restroom facility access; ADA compliance; renovation and expansion of existing office space and rec rooms including AV upgrades; expanded storage space and upgraded kitchen equipment.

Cost: $10,708,232
Status: Construction contract for Phase 1 was awarded at the 9/27/2022 City Council meeting. Construction started 11/21/2022 and is expected to be completed mid -June, 2023. Design for Phase 2 started in February 2023.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
May 23, 2023
INFRASTRUCTURE PROJECTS (Continued)
Fiber Optic Communication System Upgrade, PW 18-05
Description: This project will install fiber optic communication system upgrades including conduit, cable, CCTV cameras, traffic signal controllers, and related communication equipment to improve safety and operations with optimized traffic signal timing coordination. Various signalized intersections will be improved along the Winchester Road, Rancho California Road, and Temecula Parkway corridors.

Cost: $1,208,200
Status: All communication infrastructure and traffic signal cabinet equipment has been installed. Project is in fiber optic communication testing stage.

Fiber Optic Communications Systems- Citywide, PW 22-03
Description: This project will develop a communications masterplan that will provide a strategic plan outlining the approach and buildout design of fiber optic cable and conduit throughout the City. The masterplan document will provide a roadmap to connect all existing and future traffic signals, traffic monitoring devices, surveillance cameras, and City facilities to City -owned fiber communication lines. The ultimate project goal is to enhance the City's existing fiber optic communication system to ensure it can handle the future needs of the City.

Cost: $120,150
Status: The project has just commenced, and the consultant is working on an existing systems assessment.

Fire Station 84 Renovation, PW19-14
Description: This project includes the design, construction, and renovation to Fire Station 84. The renovations include, adding a Wellness Room, expanding the Storage Room, and upgrading the Training Room. Also, the upgrades include, electrical, windows, flooring, paint, tile, HVAC, cabinets, plumbing fixtures, garage bay doors and any necessary improvements needed to conform to ADA accessibility access.

Cost: $1,641,028
Status: Advertisement for construction bids was cancelled. Contract documents are under revision and 2nd plan check was submitted on April 10, 2023. These documents are anticipated to be approved by the end of May and will be re -advertised shortly after that.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
May 23, 2023
INFRASTRUCTURE PROJECTS (Continued)
Interstate 15 / State Route 79 South Interchange Enhanced Landscaping, PW17-19 Description: Landscape beautification of the Interstate 15 corridor between French Valley Parkway and Temecula Parkway, including each interchange, in association with Visit Temecula Valley and the Pechanga Tribe.

This project includes the design and construction of enhanced landscaping, hardscape, and irrigation between the freeway and ramps on the west side of the Interstate 15 / State Route 79S (Temecula Parkway) interchange.

Cost: $3,558,483
Status: Design and environmental studies August 2019 — October 2022. Current activities include environmental revalidation and design of new power and irrigation water service. Estimated construction in late Summer 2023.

Margarita Recreation Center, PW17-21
Description: Demolition and Reconstruction of New Margarita Recreation Center Building and Pool Cost: $12,601,508
Status: The Design -Build Contract was awarded at the March 9, 2021, City Council Meeting to De La Secura Builders, Inc., for a Guaranteed Maximum Price of $8,680,459.00. Major demolition activities commenced mid -March 2022. City Groundbreaking occurred on March 31, 2022. Building footings have been poured.

Foundation was completed mid -August and framing is also complete. Pool excavation, placement of steel reinforcement, and concrete for the pool base is complete. Roofing is near complete. Contractor is currently installing utilities in the wall and is also installing drywall. Due to unforeseen supply issues with major components of the main building electrical system, the scheduled grand opening has been pushed back from July to mid-September/October 2023.

Mary Phillips Senior Center Enhancement and Renovation, PW20-13 Description: The project includes the enhancement and renovation of the Mary Phillips Senior Center. Work includes new exterior siding, painting, replacement of perimeter soffits, fascia boards, eaves, and select doors & windows.

Cost: $1,262,025
Status: City Council awarded the construction contract at the 02/14/2023 meeting. Construction started 3/29/2023 and is anticipated to last for 5 months.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
May 23, 2023
INFRASTRUCTURE PROJECTS (Continued)
Mary Phillips Senior Center Outdoor Recreational Area, PW22-08 Description: The project includes the design and construction of a shuffleboard court area adjacent to Mary Phillips Senior Center. In addition, the HVAC units will be replaced.

Cost: $650,000
Status: Project awarded on 5/9/23. Construction set to start first part of July, 2023.

Sidewalks — Citywide (Ynez Road, Rancho Highland to Tierra Vista Road), PW17-28 Description: New sidewalks on the west side of Ynez Road from Rancho Highland to Tierra Vista Road.

Cost: $202,120
Status: ADA Access Ramps have been revised and currently being reviewed. The project is scheduled to be advertised for construction bids in Summer 2023.

Sidewalks — Citywide (Pauba Road, Elinda Road to Showalter Road), PW 19-20 Description: New sidewalks and street widening on the South side of Pauba Road from Elinda Road to Showalter Road.

Cost: $526,828.52
Status: Project is at 95% design stage. Southern California Edison is designing the street light relocation plan.

Design is anticipated to be completed by end of June 2023.

Traffic Signal- Promenade Mall Ring Road, PW 21-15
Description: The project includes the installation of a traffic signal on Ring Road at Promenade Mall East.

Cost: $412,206
Status: Construction contract was awarded by City Council on September 13, 2022. Equipment has been ordered and construction completion is anticipated in May 2023.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
May 23, 2023
INFRASTRUCTURE PROJECTS (Continued)
Citywide Slurry Seal Program Fiscal Year 2021-22, PW22-02 Description: Slurry seal residential streets in Paloma Del Sol, Paseo Del Sol, and Rancho Vista Estates tracts.

Cost: $2,451,053.45
Status: Construction is complete. NOC filed on April 24, 2023.

Citywide Concrete Repairs Fiscal Year 2021-22, PW 22-01 Description: Various concrete repairs in the city.

Cost: $272,369.97
Status: Construction is complete.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
May 23, 2023

PARKS AND RECREATION PROJECTS
Murrieta Creek Improvements, PW21-13
Description: This part of the project involves installing 27 solar lights along the Murrieta Creek trail on the east side of the creek from Rancho California Road to First Street.

Cost: $200,000
Status: Riverside County Flood Control Permit submitted as of January 4, 2023.

Community Recreation Center Splash Pad & Shade Structures, PW21-07 Description: This project provides for the conversion of the CRC's wading pool into a splash pad, and the addition of shade structures in the area.

Cost: $1,100,000
Status: Project is at 100% design. Received approval of plans and specifications and authorization to advertise for construction bids at the April 25, 2023 City Council meeting.

Dog Park Renovation, PW21-14
Description: Design and construct a dog park including a small dog pen and large dog pen at Michael "Mike" Naggar Community Park.

Cost: $430,000
Status: 100% PS&E documents are currently under final review. Authorization to bid is scheduled for the May 23, 2023, City Council Meeting. Construction is anticipated to start in Summer 2023.

Park Restroom Renovations, Expansion and Americans with Disabilities Act (ADA), PW17-06 Description: Renovation of various park site restroom facilities, including Ronald Reagan Sports Park North/South Ball Field (new roof, cabinets, fixtures, and other building improvements), Vail Ranch Park and Long Canyon Creek Park.

Cost: $1,127,800
Status: Project is ongoing. Ronald Reagan Sports Park North/South Ball Field Restroom building is currently in the design phase. Vail Ranch Park is in the scoping phase.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
May 23, 2023
PARKS AND RECREATION PROJECTS (Continued)
PICKLEBALL COURTS, PW21-03
Description: Design and construct new, dedicated pickleball courts at Ronald Reagan Sports Park.

Cost: $2,400,000
Status: On January 24, 2023, the Parks, Recreation and Community Services Subcommittee supported moving forward with design for a pickle ball facility that includes a total of 17 courts and parking. Staff will move forward with construction documents and finalize the cost associated with this option.

Playground Equipment Enhancement and Safety Surfacing
Description: Re -design, enhancement of playground equipment, and safety surfacing to comply with current state and federal regulations and enhance the quality of the parks.

Cost: $800,000
Status: An RFP is being prepared for the design, purchase & installation for three playground project sites — Redhawk Community Park, Long Canyon Creek Park & Temecula Creek Park.

Ronald Reagan Sports Park Pump Track Shade Structure, PW22-14 Description: Installation of shade structure adjacent to the Ronald Reagan Sports Park Pump Track and launch pad area.

Cost: $75,000
Status: Contract has been fully executed. Contractor is addressing comments from building and safety. In the process of requisitioning a purchase order. Installation of shade structure is anticipated to start in July 2023.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
May 23, 2023
PARKS AND RECREATION PROJECTS (Continued)
Ronald Reagan Sports Park Hockey Rink Improvements, PW22-06 Description: This project will include the renovation of the existing hockey rink to install new flooring material and arena style roof structure and also address ADA noncompliance.

Cost: $1,200,000
Status: A Request for Quotes is being drafted to compile a list of qualified design -builders. RFP to go out to qualified finalists. A list of improvements and performance standards has been drafted by DEA to include in the RFQ.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
May 23, 2023

LAND DEVELOPMENT OVERSIGHT PROJECTS
American Tire Depot
Description: A 7,303 square foot building to be used for tire retail and repair, as well as minor auto repair services, located at the southwest corner of Ynez Road and DLR Drive.

Status: Parking lot has been paved. Wet utility tie-in construction has commenced.

Arrive @ Rancho Highlands
Description: A 270-unit multi -family community built on 12.32 acres that includes 55 affordable units. The project is located adjacent to the Temecula Duck Pond approximately 775 feet southeast of Rancho California Road on the north side of Ynez Road.

Status: Grading and onsite storm drain permits were issued in October 2021. Grading and onsite storm drain construction has commenced. Overflow parking lot has been paved.

Heirloom Farms
Description: A Development Plan for a 321-unit single family residential community built on 27.86 acres consisting of detached homes and attached townhomes located on the southwest corner of Date Street and Ynez Road.

Includes the installation of a new Traffic Signal at the intersection of Ynez Rod and Waverly Lane/Temecula Center Drive.

Status: Rough grading permit has been issued in July 2021, the offsite and private onsite street and storm drain improvements permits were issued in October 2021 and the traffic signal permit was issued in September 2021. Precise grading is approved and in progress. Street Improvements in progress.

Las Haciendas Apartments
Description: A Development Plan to construct a 77-unit affordable housing project located at 28715 Las Haciendas Street in Uptown Temecula.

Status: Precise grading permit was issued in December 2021. Grading has commenced in January 2022 and is ongoing.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
May 23, 2023
LAND DEVELOPMENT OVERSIGHT PROJECTS (Continued)
Mountain View
Description: Thirteen industrial buildings on Avenida Alvarado Status: Thirteen precise grading permits have been issued and construction has commenced. Improvements on Avenida Alvarado, along with street light installations is in process. Onsite storm drain installation has commenced.

Solana Assisted Living
Description: A 90,000 square foot, two-story, Senior Assisted Living Facility located on the southeast corner of the Margarita Road and Solana Way.

Status: A rough grading permit was issued in January 2022. Grading began on February 7, 2022. Street improvements and precise grading plans are near approval.

Sommers Bend
Description: Land Development has provided oversight of the following submittals for plan check and inspections: final maps, Community Sports Park, and recreation lots, precise grading; street and storm drain improvements; traffic signals; street lighting; and signing & striping.

Status: The mass grading permit was issued in September 2018. Sommers Bend has been paved with streetlights installed. The community sports park, Ranch at Sommers Bend, construction is complete and has been accepted at the February 8, 2022, Council Meeting. The Sommers Bend recreation center construction is complete. Installation of streets, storm drains and streetlights on east end of project is in process. Grading has been completed in the Density Core, currently installing sewer. Installation of Santa Gertrudis Creek Channel improvements northwest end of project is in process.

REQUESTS TO SPEAK

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CITY OF TEMECULA
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Date:

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Temecula City CouncilMay 23, 2023

Temecula City Council
May 23, 2023