Cities Index.
Agenda

Temecula City Council
July 25, 2023

Document
Agenda
Meeting
July 25, 2023
Body
Temecula City Council
Pages
14
Original file
707 KB
Text extracted from the city's file for reading and search. Open the original on laserfiche.temeculaca.gov. That file is the official record.

A-3

City of Temecula
CFD 20-01 (Heirloom Farms)
Budget Report
Fiscal Year 2023-24
Services CFD (No DSS)
Public Safety and Maintenance Services
Item Levy Levy Difference Note/Comment
Public Safety and Maintenance Services $0.00 $74,101.42 $74,101.42 Total Public Safety and Maintenance Services $0.00 $74,101.42 1 $74,101.42 Administration
Rate Levy
$0.11
$0.25
Rate
$0.00
$0.00 $0.11
$0.00 $0.25
$0.00
$0.00
$0.00
Levy
$87.23
$16.17
$36.75
$1,000.00
$0.00
$1,140.15
Difference Note/Comment
$87.23
$16.17
$36.75
$1,000.00
$0.00
$1,140.15
Item
Auditor -Controller (per Fund No enrollment fee)
Auditor -Controller (per Parcel enrollment fee)
Treasurer/Tax Collector (per Parcel fee)
City Administrative Costs
Other Costs
Total Administration
Other
Levy Difference Note/Comment
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
Itern
Reserve Adjustment
Levy
$0.00
$0.00
Delinquency Allowance
Delinquency Charges
$0.00
Less: Prior Year Surplus
$0.00
Total Other
$0.00
Totals
Item Levy
Levy Difference Note/Comment
Total Requirement
$0.00 $75,241.57
District Adjustment
$0.00 $0.00 $0.00
Enrollment Adjustment
r$7575,241,57
$0.00
Total Levy
$0.00 $75,241.57 ,241.57
Factors:

Levy % Difference
N/A
Administration %of Levy

1.52%
City's % of Levy

1.33%
Maximum Authorized Tax
$75,241.57
Levy % of Maximum Tax
100.00%
Bonds Outstanding After September 1, 2023
N/A
FY 2022-23 Delinquency Rate as of 12/10/2022
N/A
FY 2022-23 Delinquency Rate as of 4/10/2023
N/A
FY 2022-23 Parcels Levied
0 FY 2023-24 Projected Parcels to Levy
147
Final Maturity N/A
Ill Current Year Per Fund No Charge based upon Auditor -Controller Letter Dated June 1, 2023.

Note/Comment
147 new permits for FY 2023-24
Rates increase 5.6% per year
Max tax is $511.85 per parcel for FY 2023-24

Item No. 13

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: July 25, 2023
SUBJECT: Adopt Weed Abatement Lien Resolution for Fiscal Year 2023-24 PREPARED BY: Vanessa Rivera, Administrative Assistant
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ORDERING CONFIRMATION OF THE SPECIAL

ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE

CITY OF TEMECULA FOR COSTS OF ABATEMENT AND

REMOVAL OF HAZARDOUS VEGETATION FOR FISCAL
YEAR 2023-24
BACKGROUND: The City of Temecula is responsible for the abatement of hazardous vegetation for properties that are not cleared of hazardous vegetation during the spring and summer abatement season. On May 1, 2020, City Manager approved an agreement with Inland Empire Property Services to bring parcels with hazardous conditions into compliance with the Temecula Municipal Code. The owners of these parcels are billed by the City to recover the costs of the contractor plus an administrative fee. If the owners do not respond to the billing request, the City places a lien on the property to recover the costs of abatement.

All owners were properly notified via certified mail, return receipt requested, of the need to abate hazardous vegetation conditions on their properties and were given thirty days to remove the hazardous vegetation themselves prior to the City taking forced abatement action. As such, these properties are included in Exhibit A.

As per the Temecula Municipal Code Section 8.16.090, the lien process requires that a public hearing be held before the City Council to take comments from the property owners with respect to the costs proposed to be assessed against their properties and to confirm those costs. The Notice of Public Hearing was printed in the Press Enterprise on July 13, 2023. Following the public hearing, the City Council must adopt a resolution for the fiscal year which:

Confirms the costs incurred by the City in performing the forced abatement work.

2. Provides that the actual abatement costs will become a lien upon the properties, and upon recordation, in the amount of the costs shown on the attached Exhibit A.

3. Provides that the resolution will be transmitted to the Riverside County Treasurer -Tax Collector so the amounts of the assessment can be entered upon the parcels as they appear on the assessment rolls and the costs will be collected on the property tax bill.

Upon adoption of the resolution, staff will forward the adopted resolution for filing with the Riverside County Treasurer -Tax Collector and for recording with the County Recorder.

FISCAL IMPACT: The recording of these liens will enable the City to recover abatement costs through the County's property tax collection system. The City will recover actual amounts paid out to the weed abatement contractor. The City will also recover an administrative fee placed on each parcel that was abated by the City's contractor.

ATTACHMENTS: 1. Resolution

2. Exhibit A —Abatement Charges for FY 2023-24

3. Notice of Public Hearing

RESOLUTION NO.2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ORDERING CONFIRMATION OF THE

SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND

WITHIN THE CITY OF TEMECULA FOR COSTS OF

ABATEMENT AND REMOVAL OF HAZARDOUS
VEGETATION FOR FISCAL YEARS 2023-24

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

Section 1. Chapter 8.16 of the Temecula Municipal Code provides for expedited abatement of hazardous vegetation from vacant lots and parcels.

Section 2. Abatement of hazardous vegetation has been completed for each of the parcels as described in the attached list of parcels (Exhibit "A"), at a cost equal to the costs of abatement and removal of hazardous vegetation on each parcel.

Section 3. A hearing was held on July 25, 2023, duly noticed in accordance with the requirements of Chapter 8.16 of the Temecula Municipal Code, concerning the costs of abatement of these parcels at which time the Council heard all objections of property owners liable to be assessed for the costs of abatement.

Section 4. The list of parcels and costs of abatement and removal of hazardous vegetation for each parcel is hereby reconfirmed and said costs shall constitute special assessments against the respective parcels of land, and are a lien on said land in the amount of the respective assessments.

Section 5. A copy of this resolution shall be transmitted to the Treasurer -Tax Collector who shall enter the amounts of the respective assessments against the respective parcels of land as they appear in the current assessment roll, and shall collect said assessments at the same time in the same manner as ordinary municipal ad valorem taxes as provided in Section 39577 of the Government Code.

Section 6. The costs against any parcel of land listed in Exhibit "A" assessed by this resolution and the lien created thereby shall be deemed discharged and released upon the payment for said parcel of the property taxes for the tax year above -noted.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of July, 2023.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of July 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

EXHIBIT A

WEED ABATEMENT CITY COUNCIL
7/25/2023
Code Case Number
Code Case Type
Parcel Number
Code Case Status
Code Case Balance Due
WA23-1397
CE - Weed Abatement
909310002
Investigating
$337.00
WA23-1401
CE - Weed Abatement
909370044
Investigating
$1,277.00
WA23-1403
CE - Weed Abatement
910272022
Investigating
$362.00
WA23-1412
CE - Weed Abatement
919043003
Investigating
$737.00
WA23-1433
CE - Weed Abatement
921030044
Investigating
$827.00
WA23-1477
CE - Weed Abatement
922190033
Investigating
$627.00
WA23-1478
CE - Weed Abatement
922190034
Investigating
$782.00
WA23-1480
CE - Weed Abatement
922200010
Investigating
$937.00
WA23-1483
CE - Weed Abatement
940300014
Investigating
$672.00
WA23-1486
CE - Weed Abatement
944060007
Investigating
$1,587.00
WA23-1487
CE - Weed Abatement
944060009
Investigating
$440.75
WA23-1488
CE - Weed Abatement
944330008
Investigating
$517.00
WA23-1489
CE - Weed Abatement
944330019
Investigating
$362.00
WA23-1508
CE - Weed Abatement
945090007
Investigating
$517.00
WA23-1510
CE - Weed Abatement
945110008
Investigating
$1,322.00
WA23-1513
CE - Weed Abatement
945140010
Investigating
$517.00
WA23-1515
CE - Weed Abatement
945150011
Investigating
$362.00
WA23-1520
CE - Weed Abatement
945160022
Investigating
$617.00
WA23-1544
CE - Weed Abatement
957120017
Investigating
$517.00
WA23-1559
CE - Weed Abatement
957340020
Investigating
$1,322.00
WA23-1598
CE - Weed Abatement
966010007
Investigating
$747.00
WA23-1599
CE - Weed Abatement
966090001
Investigating
$2,227.00
WA23-1640
CE - Weed Abatement
957150003
Investigating
$982.00
WA23-1667
CE - Weed Abatement
945090001
Investigating
$462.00
WA23-1685
CE - Weed Abatement
909310003
Investigating
$337.00
WA23-1923
CE - Weed Abatement
909310004
Investigating
$337.00
WA23-1924
CE - Weed Abatement
909310005
Investigating
$337.00
WA23-1925
CE - Weed Abatement
910272002
Investigating
$517.00
WA23-1926
CE - Weed Abatement
910272017
Investigating
$489.50
WA23-1927
CE - Weed Abatement
910272018
Investigating
$489.50
WA23-1928
CE - Weed Abatement
910272025
Investigating
$517.00
WA23-1929
CE - Weed Abatement
910272029
Investigating
$362.00
WA23-1936
CE - Weed Abatement
945120002
Investigating
$337.00
WA23-1937
CE - Weed Abatement
945120003
Investigating
$348.25
WA23-1938
CE - Weed Abatement
945120004
Investigating
$1,292.00
WA23-1939
CE - Weed Abatement
945140007
Investigating
$462.00
WA23-1942
CE - Weed Abatement
919292013
Investigating
$1,002.00
WA23-1943
CE - Weed Abatement
957221051
Investigating
$427.00
WA23-1979
ICE - Weed Abatement
9221900131
Investigating
$854.50
WA23-1980
ICE - Weed Abatement
922200009
Investigating
$982.00
WA23-1992
ICE - Weed Abatement
957150016
Investigating
$827.00
Rev.7/18/2023

Notice of Public Hearing

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

Applicant: City of Temecula
Location: Citywide
Proposal: Adopt a resolution ordering confirmation of the special assessment against parcels of land within the City of Temecula for costs of abatement and removal of hazardous vegetation for fiscal years 2023-24.

PLACE OF HEARING

DATE OF HEARING
TIME OF HEARING:

City of Temecula Civic Center
Council Chambers
41000 Main Street
Temecula, CA
July 25, 2023
6:00 PM
Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing.

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

The proposed project application may be viewed at the public information counter, Temecula Civic Center, Community 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 the Code Enforcement Division, City of Temecula Community Development Department, (951) 302-4144.

Item No. 14

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 25, 2023
SUBJECT: Recommended Adoption of Resolution of Necessity for Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes on Assessor's Parcel Number 957-090-023 in Connection with the Construction of Public Street, Drainage, and Related Improvements, and all Uses Necessary or Convenient Thereto for the Proposed Extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection
PREPARED BY: Ron Moreno, Assistant Director of Public Works Anissa Sharp, Management Assistant
Paula Gutierrez Baeza, City Attorney's Office
RECOMMENDATION: That the City Council take the following actions:

Consider the following Resolution, which is Resolution of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof for public use in connection with the construction of public street, drainage, and related improvements, and all uses necessary or convenient thereto for the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection:

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA DECLARING CERTAIN REAL PROPERTY

INTERESTS NECESSARY FOR PUBLIC PURPOSES AND

AUTHORIZING THE ACQUISITION THEREOF IN

CONNECTION WITH THE PUBLIC STREET, DRAINAGE,

AND RELATED IMPROVEMENTS FOR THE NICOLAS ROAD

FROM BUTTERFIELD STAGE ROAD TO THE CALLE

GI ASOL/NICOLAS ROAD CONNECTION (CERTAIN
PROPERTY INTERESTS ON APN 957-090-023) AND MAKING

FINDINGS THAT NO FURTHER ENVIRONMENTAL REVIEW
IS REQUIRED PURSUANT TO SECTION 15162 OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

GUIDELINES AND SECTION 21166 OF THE PUBLIC

RESOURCES CODE

2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity.

If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2023- ("Resolution of Necessity"), which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the Subject Property Interests summarized below and described more particularly in the Exhibits to the Resolution of Necessity:
(i) Isaac G. Navejar and Isabel L. Navejar — 39622 Liefer Road, Temecula (APN 957-090-023 — Navejar Parcel)
- An approximate 31,168 square foot temporary construction easement with a term of twelve months on the Navejar Parcel described more particularly on EXHIBIT A and depicted on EXHIBIT B to Resolution No. 2023- with a covenant authorizing the construction of certain permanent rip -rap and related drainage improvements in portions of said approximate 31,168 square foot temporary construction easement area shown roughly on EXHIBIT C to Resolution No. 2023-
The approximate 31,168 square foot temporary construction easement the City seeks to acquire on the Navejar Parcel with the covenant authorizing the construction of permanent rip -rap and related drainage improvements in portions of said 31,168 square foot area are referred to below collectively as the "Subject Property Interests." The Subject Property Interests are located on the portions of the Navejar Property within the Long Valley Wash, a natural flood control channel.

4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney's Office to file and prosecute an eminent domain proceeding for the acquisition of the Subject Property Interests by eminent domain.

Authorize the City Manager to execute all necessary documents.

Authorize the City Clerk to certify the adoption of the Resolution of Necessity.

BACKGROUND:

Background and Summary
The City Council has before it a proposed Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interest described above and in the attached Resolution of Necessity for public use. The City seeks to acquire the Subject Property Interest for public use, namely for the construction of certain public off -site improvements, consisting of public street, drainage, and related improvements, and all uses necessary or convenient thereto in connection with the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road connection ("Project").

Background Regarding Sommers Bend Development Project and Relevant Off - Site Public Improvements in Connection with Extension of Nicolas Road from Butterfield Stage Road to Calle Girasol/Nicolas Road Connection and Related Improvements
As discussed below, the Project will construct certain public improvements, consisting of public street, drainage, access, public utility and related improvements, and all uses necessary or convenient thereto in connection with the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection. The Subject Property Interests are required to facilitate the street and drainage improvements that will be constructed within the existing right of way as part of the construction and extension of Nicolas Road and to protect said improvements from erosion. The Subject Property Interests are also required to construct rip -rap and related drainage improvements in portions the 31,168 square foot temporary construction easement area that will protect the related street improvements from erosion and flooding.

The drainage and related improvements that are necessary to support the public street improvements that will be constructed within the existing right of way as part of the extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection are in the public interest and necessity. Said improvements are necessary to protect the street improvements, provide necessary drainage, and mitigate erosion and flooding in the area of the street improvements. The City originally approved the Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside.

The Development Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057, and (3) the Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276. Developer Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation ("Developer") are the successors to certain of these approved applications for

development and propose to construct the Sommers Bend Project ("Sommers Bend Project" or "Development Project"). Said development documents are incorporated herein by this reference.

To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on Exhibit D (New Attachment 5-A to Development Agreement) to said Third Amendment. Specifically, Condition 3(A) to Exhibit D contains a specific condition of approval requiring Developer to construct certain public improvements in connection with Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Connection:

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

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

The Subject Property Interests are required to complete the offsite drainage and related improvements necessary to protect the related street and drainage improvements constructed as part of the Project from erosion and flooding. The City seeks to use the 31,168 square foot temporary construction easement for a term of twelve months to facilitate the construction of the Project and to construct the permanent rip -rap and related drainage improvements on the portions of said 31,168 square foot temporary construction easement depicted roughly on EXHIBIT C to Resolution No. 2023- . The Subject Property Interests are located on portions of the Navejar Property within the Long Valley Wash, a natural flood control channel that experiences flooding during rain events.

Pursuant to California Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on offsite property not owned or controlled by a developer, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire off -site property by eminent domain or such off -site improvement conditions will be waived. Pursuant to Government Code Section 66462.5(c), a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such off -site property. The City and the developer of the Sommers Bend Project entered into that certain Agreement Pursuant to Government Code Section

66462.5 Between Woodside 05S, LP and Wingsweep Corporation, on the one hand, and City of Temecula, on the other, for Acquisition of Certain Real Property Interests (Calle Girasol/Nicolas Road Connection) as of April 12, 2022 in connection with the subject offsite public improvements.

Authorization for Acquisition of the Subject Property Interests by Eminent Domain and Findings Required for Adoption of Resolution of Necessity The City seeks to acquire the Subject Property Interests for public use, namely to facilitate the construction of the street and drainage improvements for the Project and to construct drainage and related improvements, and all uses necessary or convenient thereto in connection with the Project pursuant to the authority conferred on the City of Temecula to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40404, and 66462.5, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650 and by other provisions of law.

Code of Civil Procedure, Section 1240.010 provides that "[t]he power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object, or function is one for which the power of eminent domain may be exercised, such action is deemed to be a declaration by the Legislature that such use, purpose, object, or function is a public use." Government Code Section 66462.5(c) authorizes the City and the Developer of the Sommers Bend Project to enter into an agreement requiring the Developer to complete the required offsite improvements required for the Project pursuant to Government Code Section 66462 at such time as the City acquires an interest in the land that will permit such improvements to be constructed. Government Code Section 66462.5(a) provides that a city or county may "acquire by negotiation or commence eminent domain proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article (commencing with Section 1255.410) of Chapter 6 of that title."
To adopt the proposed Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests the City Council must find and determine that:

A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interests described in the Resolution of Necessity are necessary for the Project; and
D. The City has made an offer as required by Government Code Section 7267.2 to the owners of record of the Subject Property Interests the City seeks to acquire.

The amount of just compensation is not an issue before the City Council at this hearing. The hearing relates to issues A, B, C, and D above. The amount of just compensation would be

determined in the eminent domain proceedings that would be filed if the City Council, in its sole discretion, adopts the proposed Resolution of Necessity.

Environmental Analysis
The environmental effects of the Project and the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Environmental Impact Report for the Roripaugh Ranch Specific Plan ("EIR") pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal.

Code Regs. Section 15000 et seq. ("CEQA Guidelines").

On November 26, 2002, the City Council adopted Resolution 02-111, A Resolution of the City Council of Temecula, California, Certifying the Final Environmental Impact Report Prepared for the Roripaugh Ranch Specific Plan and Related Planning Applications Actions and Adopting the Environmental Findings Pursuant to the California Environmental Quality Act, and the State CEQA Guidelines, a Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations, in Connection therewith for the Roripaugh Ranch Specific Plan, Located near the Future Intersection of Butterfield Stage Road and Nicolas Road (Planning Application 94-0076).

Said environmental documents are incorporated herein by this reference.

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

On July 11, 2023, City Staff reviewed the environmental documentation prepared in connection with the Development Project in connection with Staff s review of the proposed acquisition of the Subject Property Interests for the Project. City Staff reviewed the EIR, the First Addendum to the EIR adopted on April 23, 2013, the Second Addendum to the EIR adopted on March 22, 2016, the Third Addendum to the EIR adopted on January 23, 2018, the Fourth Addendum to the EIR adopted on November 6, 2019, the Fifth Addendum to the EIR adopted on January 14, 2020, and determined that the Project and acquisition of the Subject Property Interests needed for the Project are consistent with the EIR and Addenda to the EIRs. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Development Project, no substantial changes have occurred in the circumstances under which the Development Project is undertaken, and the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests for the Project. The above documents are referred to below collectively as the "Environmental Documents".

City's Actions Pursuant to Government Code Section 7260 et seq.

Pursuant to Government Code Section 7260 et seq., the City of Temecula obtained a fair market value appraisal of the Subject Property Interests and the larger parcel of which said Subject Property Interests are a part. The City set just compensation for the Subject Property Interests in accordance with the fair market value. The City retained Overland Pacific & Cutler ("OPC") as its acquisition consultant to assist the City with the City's good faith negotiations for the acquisition of the Subject Property Interests.

Government Code Section 7260 Offer — Subject Property Interests On September 20, 2022, the City extended a written offer pursuant to Government Code Section 7267.2 to the owners of record, Isaac G. Navejar and Isabel L. Navejar ("Owners"). The offer letter contained an appraisal summary statement that described the zoning, highest and best use of the parcel, explained the appraiser's valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Further, the offer letter included an eminent domain pamphlet that explained the eminent domain process and the rights of the record owners.

OPC attempted to meet with the Owners on several occasions to discuss the City's offer and negotiate in good faith with the owners for the acquisition of the Subject Property Interests. On October 7, 2022, Mr. Navejar requested that the offer to purchase the Subject Property Interests be increased to $12,000 from the fair market value set as just compensation. The parties negotiated the proposed purchase of the Subject Property Interests in good faith and the City agreed to the counter-offer presented by the Owners. Additional communications were held regarding the Project. The Owners submitted a letter objecting to the adoption of a resolution of necessity for the Navejar Parcel in connection with a February 14, 2023 hearing that considered the adoption of resolutions of necessity for property interests needed from two other parcels. A resolution of necessity relating to the Navejar Parcel was not on the City Council Agenda at that time. The City understood that the Owners had reached an agreement for the City's use the Subject Property Interests and followed up with the Owners regarding said agreement.

Further communications were held between OPC and Mr. Navejar regarding his agreement to let the City use the Subject Property Interests for $12,000. The Owners' daughter, Vanessa Navejar Ugalde later requested that all communications to her parents be in writing and that said communications be sent to her with a copy to Mrs. Navejar. Further communications were held between the City and the Owners' daughter. The Purchase and Sale Agreement was emailed to the Owners' daughter on March 7, 2023. Mrs. Navejar was included in the email transmission.

The City followed up several times and on March 23, 2023, the Owners' daughter informed the City that the Owners "did not agree with any of [the City's] information and are definitely not interested in any of your (cities, builders) thoughts and opinions" regarding the Navejar Property.

As of the date of this Agenda Report, the parties have not reached a negotiated agreement. Based on the timing of the Project and the Owners' decision not to proceed with a negotiated sale of the Subject Property Interests, it is necessary that the City consider the adoption of the Resolution of Necessity at this time. The adoption of a Resolution does not preclude further negotiations between the parties for the City's acquisition of the Subject Property Interests.

City's Actions Pursuant to Code of Civil Procedure Section 1245.235 Code of Civil Procedure Section 1245.235 Notice — Subject Property Interests Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first- class mail dated July 7, 2023 to the Owners, Isaac G. Navejar and Isabel L. Navejar, the record owners of the Subject Property Interests the City seeks to acquire. A courtesy copy of the letter and notice was also emailed to Mrs. Navejar and to the Owners' daughter. The letter and notice

informed the Owners of the City's intent to consider at its July 25, 2023 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests in connection with the Project.

The letter and notice advised the Owners of their right to appear and be heard regarding the City's proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the Owners of the Subject Property Interests that they have an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire from the Owners are necessary for the Project.

REQUIRED FINDINGS FOR ADOPTION OF RESOLUTION OF NECESSITY A. The Public Interest and Necessity Require the Project The Project, as planned and designed, is in the public interest and necessity and is needed to construct the public street, drainage, access, public utility and related improvements in connection with the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road. The Subject Property Interests are required to protect the street and drainage improvements that will be constructed within the existing right of way as part of the construction and extension of Nicolas Road from erosion. The Subject Property Interests are also required for the construction of certain rip -rap and related drainage improvements in portions of the 31,168 square foot temporary construction easement area to protect the street improvements from flooding.

The Project, as planned and located, is consistent with the circulation and street system in the Roadway Plan depicted in the City of Temecula General Plan. Construction of the permanent rip - rap and drainage improvements in a portion of the approximate 31,168 square foot temporary construction easement area will help protect the street and drainage improvements from erosion and will also help protect the remaining portions of the Navejar Parcel from erosion and to minimize flooding. The rough location of the rip -rap and related drainage improvements on Subject Property Interests are shown on EXHIBIT C to Resolution No. No. 2023- . The drainage and rip -rap improvements are located in the portions of the Navejar Parcel within the Long Valley Wash.

The Project, as planned and designed, seeks to minimize the impact on private parcels. The Subject Property Interests are located in the portions of the Navejar Parcel within the Long Valley Wash, a natural flood control channel that experiences flooding during rain events. The drainage and rip - rap improvements will help minimize flooding on the remainder portions of the Navejar Parcel.

The construction of the Project will not result in the displacement of any persons because the residence and improvements located on the Navejar Parcel are not located in the area of the Subject Property Interests. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interests at this time because the acquisition of the Subject Property Interests are necessary to help the City facilitate the construction of the

public street, drainage, rip -rap, and related improvements that will be constructed as part of the Project.

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

B. The Project is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Iniury The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project is planned and designed to construct necessary public street, drainage, access, public utility and related improvements, and all uses necessary or convenient thereto consistent with the Roadway Plan of the City's General Plan. The Subject Property Interests are required to facilitate the construction of the public street, drainage, and related improvements in connection with the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection. The Subject Property Interests are necessary to protect the street improvements that will be constructed within the existing right of way as part of the construction and extension of Nicolas Road from erosion. The Subject Property Interests are also required for the construction of rip -rap and related drainage improvements in portions of said 31,168 square foot temporary construction easement area to protect the street improvements from flooding.

The Project is also planned and located to minimize the impact on private parcels. The Subject Property Interests on the Navejar Parcel are located within the Long Valley Wash, a natural flood control channel that experiences flooding during rain events. The rip -rap and related drainage improvements that the City will construct in portions of said 31,168 square foot Subject Property Interests are necessary to protect the street improvements from erosion and flooding and will also help minimize flooding on the remainder portions of the Navejar Parcel. It is expected that, in the after condition, less of the remainder portion of the Navejar Parcel will be located within the 100- year flood limits.

The construction of the Project will not result in the displacement of any persons because the Subject Property Interests are located in the portions of the Navejar Parcel within the Long Valley Wash, a natural flood control channel that experiences flooding during rain events. No residences or other structures are located in the area of the Subject Property Interests.

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

C. The Subiect Property Interests Described in each Resolution of Necessity are Necessary for the Proiect
The City seeks to construct the Project, as planned and designed, to construct necessary public street, drainage, access, public utility and related improvements consistent with the Roadway Plan of the City's General Plan. The Subject Property Interests are required to facilitate the construction of the public street, drainage, and related improvements in connection with the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection. The Subject Property Interests are necessary to protect the street improvements that will be constructed within the existing right of way as part of the construction and extension of Nicolas Road from erosion. The Subject Property Interests are also required for the construction of permanent rip -rap and related drainage improvements in portions of said 31,168 square foot temporary construction easement area to protect the street improvements from erosion and flooding. The rip -rap and related drainage improvements that will also help minimize flooding on the remaining portions of the Navejar Parcel. The Subject Property Interests are located in the portions of the Navejar Parcel within the Long Valley Wash, a natural flood control channel that experiences flooding during rain events. No residences or structures are located in the area of the Subject Property Interests. The Project cannot be constructed without the acquisition of the Subject Property Interests.

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

D. The City has Made an Offer as Required by Government Code Section 7267.2 to the Owners of Record of the Subiect Property Interests The City's actions under Government Code Section 7260 et seq. in connection with the acquisition of the Subject Property Interests are detailed above.

Government Code Section 7260 Offer — Subject Property Interests As noted above, on September 20, 2022, the City extended a written offer pursuant to Government Code Section 7267.2 to the Owners, Isaac G. Navejar and Isabel L. Navejar, the record owners.

The offer letter contained an appraisal summary statement that described the zoning, highest and best use of the parcel, explained the appraiser's valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Further, the offer letter included an eminent domain pamphlet that explained the eminent domain process and the rights of the record owners.

OPC attempted to meet with the record owners on several occasions to discuss the City's offer and negotiate in good faith with the owners for the acquisition of the Subject Property Interests. On October 7, 2022, Mr. Navejar requested that the offer to purchase the Subject Property Interests be increased to $12,000 from the fair market value set as just compensation. The parties negotiated the proposed purchase of the Subject Property Interests in good faith and the City agreed to the

counter-offer presented by the Owners. Additional communications were held regarding the Project. The Owners submitted a letter objecting to the adoption of a resolution of necessity for the Navejar Parcel in connection with a February 14, 2023 hearing that considered the adoption of resolutions of necessity for property interests needed from two other parcels. A resolution of necessity was not on the City Council Agenda and was not considered for the Navejar Parcel at that time. The City understood that the Owners had reached an agreement for the City's use of the Subject Property Interests and followed up with the Owners regarding said agreement.

Further communications were held between OPC and Mr. Navejar regarding his agreement to let the City use the Subject Property Interests for $12,000. The Owners' daughter, Vanessa Navejar Ugalde later requested that all communications to her parents be in writing and that said communications be sent to her with a copy to Mrs. Navejar. Further communications were held between the City and the Owners' daughter. The Purchase and Sale Agreement was emailed to the Owners' daughter on March 7, 2023. Mrs. Navejar was included in the email transmission.

The City followed up several times and on March 23, 2023, the Owners' daughter informed the City that the Owners "did not agree with any of [the City's] information and are definitely not interested in any of your (cities, builders) thoughts and opinions" regarding the Navejar Property.

As of the date of this Agenda Report, the parties have not reached a negotiated agreement. Based on the timing of the Project and the Owners' decision not to proceed with a negotiated sale of the Subject Property Interests, it is necessary that the City consider the adoption of the Resolution of Necessity at this time. The adoption of a Resolution does not preclude further negotiations between the parties for the City's acquisition of the Subject Property Interests.

INCORPORATION OF DOCUMENTS
The following documents referenced above are on file with the City Clerk's Office and/or the Public Works Department and are incorporated herein by this reference:
• Resolution No. 2023- , Resolution of Necessity with EXHIBIT A, EXHIBIT B, and EXHIBIT C in connection with the Subject Property Interests (attached hereto)
• City of Temecula General Plan
• Offer letters to the record owners of the Subject Property Interests • Notices pursuant to Code of Civil Procedure Section 1245.235 to record owners of the Subject Property Interests
• Development Project Documents
9 Environmental Documents relating to Development Project

FISCAL IMPACT: Pursuant to the Agreement Pursuant to Government Code Section 66462.5 Between Woodside 05S, LP and Wingsweep Corporation, on the one hand, and City of Temecula, on the other, for Acquisition of Certain Real Property Interests (Calle Girasol/Nicolas Road Connection) as of April 12, 2022, the Developer is responsible for the acquisition costs in connection with the real property interests required for the construction of the off -site improvements.

ATTACHMENTS:

1. Resolution - Resolution of Necessity in connection with Navejar Property Interests (APN 957-090-023)

2. Exhibits A, B and C to the Resolution of Necessity in connection with Navejar Property Interests (APN 957-090-023)

RESOLUTION NO.2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA DECLARING CERTAIN REAL

PROPERTY INTERESTS NECESSARY FOR PUBLIC

PURPOSES AND AUTHORIZING THE ACQUISITION

THEREOF IN CONNECTION WITH THE PUBLIC STREET,

DRAINAGE, AND RELATED IMPROVEMENTS FOR THE

NICOLAS ROAD FROM BUTTERFIELD STAGE ROAD TO

THE CALLE GIRASOL/NICOLAS ROAD CONNECTION
(CERTAIN PROPERTY INTERESTS ON APN 957-090-023)

AND MAKING FINDINGS THAT NO FURTHER

ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT
TO SECTION 15162 OF THE CALIFORNIA

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

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

Section 1. Findings.

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

B. The City originally approved the Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside. The Development Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006- 0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057, and (3) the Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276. Developer Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project ("Sommers Bend Project" or "Development Project").

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

Specifically, Condition 3(A) to Exhibit D contains a specific condition of approval requiring Developer to construct certain public improvements in connection with Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Connection:

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

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

D. The Project requires the acquisition of an approximate 31,168 square foot temporary construction easement with a term of twelve months and a covenant authorizing the construction of certain permanent rip -rap and related drainage improvements in portions of said 31,168 square foot temporary construction easement area on the real property located at 39622 Liefer Road, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 957- 090-023 described more particularly at Section 3 below.

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

Section 2. Adoption of Resolution of Necessity. The City Council of the City of Temecula adopts Resolution No. 2023- , A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Public Street, Drainage, and Related Improvements for the Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection (Certain Property Interests on APN 957-090-023) and Making Findings that No Further Environmental Review is Required Pursuant to Section 15162 of the California Environmental Quality Act Guidelines and Section 21166 of the Public Resources Code.

N

A. The City hereby adopts the Resolution of Necessity authorizing the acquisition by eminent domain of the approximate 31,168 square foot temporary construction easement with a term of twelve months described more particularly in Section 3 below for public use, namely to facilitate the construction of certain public off -site improvements, consisting of public street, drainage, and related improvements, and for the construction of certain permanent rip -rap and related drainage improvements in portions of said 31,168 square foot temporary construction easement area, and all uses necessary or convenient thereto in connection with the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road pursuant to the authority conferred on the City of Temecula to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40404, and 66462.5, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650 and by other provisions of law. Code of Civil Procedure Section 1240.010 provides that "[t]he power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object, or function is one for which the power of eminent domain may be exercised, such action is deemed to be a declaration by the Legislature that such use, purpose, object, or function is a public use." Government Code Section 66462.5(c) authorizes the City and the developer of a project for which the construction of offsite improvements are required to enter into an agreement requiring the developer to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires an interest in the land that will permit such improvements to be constructed. Government Code Section 66462.5(a) provides that a city or county may "acquire by negotiation or commence eminent domain proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article (commencing with Section 1255.410) of Chapter 6 of that title." Section 3. Subject Property Interests. The City hereby authorizes the acquisition by eminent domain of the following real property interests (referred to below collectively as the "Subject Property Interests") on the real property located at 39622 Liefer Road, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 957-090-023 ("Property") for public use, namely to facilitate the construction of certain public improvements, consisting of public street, drainage, and related improvements, and all uses necessary or convenient thereto and to construct certain permanent rip -rap and related drainage improvements in portions of said 31,168 square foot temporary construction easement area on the Property in connection with the improvements for the Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection:
• An approximate 31,168 square foot temporary construction easement on the Property with a term of twelve months described more particularly on EXHIBIT A and depicted on EXHIBIT B attached hereto and incorporated herein by this reference to facilitate the construction of the Project with a covenant that would authorize the construction of certain rip -rap and related drainage improvements in portions of said 31,168 square foot temporary construction easement area to protect the related street and drainage improvements from erosion and flooding. 3 A rough depiction of the location of the permanent rip -rap and related drainage improvements that will be constructed within said 31,168 square foot temporary construction easement area is shown on EXHIBIT C attached hereto and incorporated herein by this reference.

Section 4. Environmental Review.

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

Said environmental documents are incorporated herein by this reference. Since the adoption of the EIR, five EIR Addendums have been prepared for the Development Project area. The most recent Addendum to the EIR was adopted on January 14, 2020.

B. On July 11, 2023, City Staff reviewed the environmental documentation prepared in connection with the Development Project in connection with Staff s review of the proposed acquisition of the Subject Property Interests for the Project. City Staff reviewed the EIR, the First Addendum to the EIR adopted on April 23, 2013, the Second Addendum to the EIR adopted on March 22, 2016, the Third Addendum to the EIR adopted on January 23, 2018, the Fourth Addendum to the EIR adopted on November 6, 2019, the Fifth Addendum to the EIR adopted on January 14, 2020, and determined that the Project and acquisition of the Subject Property Interests needed for the Project are consistent with the EIR and Addenda to the EIRs. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Development Project, no substantial changes have occurred in the circumstances under which the Development Project is undertaken, and the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests for the Project. The above documents are referred to below collectively as the "Environmental Documents." Section 5. The Project, as planned and designed, is in the public interest and necessity and is needed to construct the public street, drainage, access, public utility and related improvements in connection with the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection. The Subject Property Interests are required to protect the street and drainage improvements that will be constructed within the existing right of way as part of the construction and extension of Nicolas Road from erosion. The Subject Property Interests are also required for the construction of permanent rip -rap and related drainage improvements in portions of said 31,168 square foot permanent easement area to protect the street improvements 4 from flooding.

C. The Project, as planned and located, is consistent with the circulation and street system in the Roadway Plan depicted in the City of Temecula General Plan. Construction of the permanent rip -rap and related drainage improvements in a portion of the approximate 31,168 square foot portion of the Subject Property Interests is necessary to protect the street improvements from erosion and to minimize flooding. The drainage and rip -rap improvements that will be constructed in portions of the Subject Property Interests located within the Long Valley Wash will also help minimize flooding on the remainder portions of the Property.

D. The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project, as planned and designed, seeks to minimize the impact on private properties. The Subject Property Interests are located in the portions of the Property within the Long Valley Wash, a natural flood control channel that experiences flooding during rain events. The permanent rip -rap and related drainage improvements that will be constructed in portions of said 31,168 square foot temporary construction easement area will help minimize flooding on the remainder portions of the Property.

The construction of the Project will not result in the displacement of any persons because no residences or structures are located in the area of the Subject Property Interests. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interests to proceed with the construction of the public street, drainage, and related improvements for the Project.

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

Section 6. Offer Letter. Pursuant to Government Code Section 7260 et seq., the City of Temecula obtained a fair market value appraisal of the Subject Property Interests and the Property.

The City set just compensation for the Subject Property Interests in accordance with the fair market values. The City retained Overland Pacific & Cutler ("OPC") as its acquisition consultant to assist the City with the City's good faith negotiations for the acquisition of the Subject Property Interests.

On September 20, 2022, the City extended a written offer pursuant to Government Code Section 7267.2 to the owners of record, Isaac G. Navejar and Isabel L. Navejar (Owners). The offer letter contained an appraisal summary statement that described the zoning, highest and best use of the Property explained the appraiser's valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Further, the offer letter included an eminent domain pamphlet that explained the eminent domain process and the rights of the record owners. On October 7, 2022, Mr. Navejar requested that the purchase price for the Subject Property Interests be increased. Additional discussions took place between the Parties. The City agreed to the Owners' counteroffer and prepared a Purchase and Sale Agreement.

Further communications were held between OPC and Mr. Navejar regarding his agreement to let the City use the Subject Property Interests for the agreed -upon purchase price. The Owners' daughter, Vanessa Navejar Ugalde, later requested that all communications to her parents be sent 5 to her with a copy to Mrs. Navejar. Further communications were held between the City and the Owners' daughter. The Purchase and Sale Agreement was emailed to Mr. and Mrs. Navejar's daughter, on March 7, 2023. Mrs. Navejar was included in the email transmission. The City followed up several times and on March 23, 2023, Ms. Navejar Ugalde informed the City that the Owners "did not agree with any of [the City's] information and are definitely not interested in any of your (cities, builders) thoughts and opinions" regarding the Property. As of July 25, 2023, the Parties have not reached an agreement for the City's acquisition of the Subject Property Interests.

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

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

A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury;
C. The Subject Property Interests, consisting of the approximate 31,168 square foot temporary construction easement with a term of twelve months on the Property to facilitate the construction of the Project and to protect the related street and drainage improvements constructed as part of the Project from erosion and flooding, which is described more particularly on EXHIBIT A and depicted on EXHIBIT B hereto, and the covenant that would authorize the construction of certain permanent rip -rap and related drainage improvements in portions of said 31,168 square foot temporary construction easement area roughly shown on EXHIBIT C hereto to protect the street improvements from erosion and to minimize flooding, are necessary for the Project; and D. The City has made the offer required by Government Code Section 7267.2 to the owners of record of the Subject Property Interests the City seeks to acquire.

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

Section 10. Authorization to File Eminent Domain Proceeding. The City Attorney's Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire the Subject Property Interests, consisting of the approximate 31,168 square foot temporary construction easement with a term of twelve months described more particularly on EXHIBIT A and depicted on EXHIBIT B hereto to facilitate the construction of the Project and a covenant that would authorize the construction of certain rip -rap and related improvements in portions of said 31,168 square foot temporary construction easement roughly depicted on EXHIBIT C hereto to protect the related street and drainage improvements roughly from erosion and flooding and to help minimize flooding on the remainder portions of the Property.

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

Section 12. Certification. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25 day of July, 2023.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 251h day of July, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

EXHIBIT A

LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT

EXHIBIT A TO EXHIBIT B

LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
That portion of Parcel 4 of Parcel Map No. 18022, in the City of Temecula. County of Riverside, Slate of California, as shown on the map recorded in Book 112, Pages 28 and 29 of Parcel Mops. in the Off -ice of the County Recorder of said Riverside County. descr bed as follows; BEGINNING at the southeasterly corner of said Parcel 4, said pant being an the northerly Right of Way line of Nicolas Road (55.00 toot half -width):

Thence along the easterly line of said Parcel 4 North 09°1Q'13" West 167.45 feet; Thence leaving said easterly line South 49'1117' West 0.92 feet; Thence South 49°01'49"'West 103.63 feet;
Thence South 70'04'10" West 126.67 feet;
Thence South 73°53'38" West 67.95 feet;
Thence South 20'49'47" West 46.75 feet to the westerly line of said Parcel 4:

Thence along said westerly line and the southerly line of staid Parcel 4 South 06232'34" East 12.12 feet,
Thence South 53°38'21" East 33.78 feet to the
Thence North 81'36' 16' East 281.06 feet to the POINT OF BEGINNING.

Ccnlaining 0.72 Acres, or 31.168 Square Feet: more or less This description was prepared
by me or under my direction.
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Michael Baker International September 2, 2020
40810 County Center Drive, Suile 200 JN 175051
Temecula, CA 92591 Page 1 of 1

EXHIBIT A
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EXHIBIT B

DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT
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NAVEJAR PROPERTYbr
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DATA TABLE

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LENGTH
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EXHIBIT C

DESCRIPTION OF PERMANENT IMPROVEMENTS TO BE CONSTRUCTED ON

PORTION OF GRANTOR'S PROPERTY
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NAVEJAR PROPERTY
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IS ME IS TEMPORARY CONSTRUCTION EASEMENT AND COVENANT

FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS

RIP RAP SLOPE EROSION PROTECTION

EXHIBIT C
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INTERNATIONAL

Item No. 15

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: John Crater, Division Chief
DATE: July 25, 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

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Item No. 16

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Chris Durham, Captain
DATE: July 25, 2023
SUBJECT: Temecula Sheriff's Monthly Report (June 2023)
PREPARED BY: Chris Mattson, Sergeant
RECOMMENDATION: That the City Council receive and file.

The following report reflects the activity of the Temecula Sheriff's Station for June 2023.

PATROL SERVICES
Overall calls for police service.................................................................................................6,649 "Priority One" calls for service......................................................................................................63 Average response time for "Priority One" calls.........................................................................7.29

VOLUNTEERS
Chaplain....................................................................................................................................38.50 Community Action Patrol (CAP) hours..................................................................................791.70 Reserve officer hours (patrol)........................................................................................................20 Explorer.......................................................................................................................................... 84 Station/Administration ...................................................................................................................16 Total Volunteer hours.............................................................................................................950.20

OLD TOWN STOREFRONT
Total customers served.....................................................................................821 Fingerprints/Live Scan.....................................................................................151 Policereports filed .............................................................................................10 Citationssigned off..........................................................................................15 Totalreceipts...........................................................................................................................$5,476

CRIME PREVENTION
Crime prevention/Neighborhood watch meetings...........................................................................2 Safety presentations/Training................................................................................3 Specialevents.................................................................................................................................12 Residential/Business security surveys conducted............................................................................0 Residences/Businesses visited for past crime follow-up
.................................................................0 StationTours....................................................................................................................................0 Planning Review Projects.......................................................................................2 Temp Outdoor Use Permits....................................................................................5

SPECIAL TEAMS (CORE)
ReportsWritten...............................................................................................3 1 Onsight felony arrests.....................................................................................................................3 On sight misdemeanor arrests................................................................................4 Felony arrest warrants served.................................................................................3 Misdemeanor arrest warrants served.............................................................................................12 AreaChecks...................................................................................................112 CampChecks................................................................................................................................13 PedestrianChecks.....................................................................................................42 Traffic Stops/Vehicle Checks..................................................................................................... 2/1 Outreach attempts / Success........................................................................................................ 1/3 SPECIAL TEAMS (Metro District Team)
On sight, felony arrests......................................................................................14 Onsight, misdemeanor arrests.......................................................................................................26 Felony arrest warrants served..........................................................................................................8 Misdemeanor arrest warrants served.............................................................................................43 Bar/Business checks......................................................................................................................30 D.U.I. Arrests................................................................................................................................11 Traffic/Parking citations.............................................................................................................204 FirearmsSeized................................................................................................ I SPECIAL TEAMS (Special Enforcement Team)
Onsight felony arrests......................................................................................................................4 On sight misdemeanor arrests......................................................................................................... I I Felony arrest warrants served...........................................................................................................4 Misdemeanor arrest warrants served................................................................................................8 Follow-up investigations/search warrants....................................................................8 Parole/Probation Searches.............................................................................................................20 PedestrianChecks...................................................................................................8 Traffic Stops/Vehicle Checks.....................................................................................................13/7 Marijuana Dispensary Checks.........................................................................................................0

ROBBERY/BURGLARY SUPPRESSION TEAM
BeginningCaseload.......................................................................................................................61 TotalCases Assigned....................................................................................................................16 TotalCases Closed........................................................................................................................19 Search Warrants prepared/served.................................................................................................I I Arrests............................................................................................................................................10 Outof Custody Filings............................................................................................8

TRAFFIC
Citations issued for hazardous violations..................................................................................1619 Non -hazardous citations...............................................................................................................195 Parkingcitations...........................................................................................................................183 Stop Light Abuse/Intersection Program (S.L.A.P.) citations.......................................................177

Seatbelts.........................................................................................................................................39 CellPhone Cites...........................................................................................................................296 Injurycollisions.............................................................................................................................28 D.U.I. Arrests.................................................................................................................................31 Grant -funded D.U.I. Traffic safety checkpoints/saturation enforcement........................................4 Grant -funded traffic click it or ticket/traffic enforcement..............................................................2

INVESTIGATIONS
BeginningCaseload.......................................................................................................................81 TotalCases Assigned....................................................................................................................32 TotalCases Closed........................................................................................................................28 Search Warrants prepared/served.................................................................................................31 Arrests..............................................................................................................................................5 Outof Custody Filings............................................................................................6 Sex Offenders Processed....................................................................................26

PROMENADE MALL TEAM
Callsfor service...........................................................................................................................217 Felonyarrest/filings.........................................................................................................................6 Misdemeanor arrest/filings............................................................................................................14 TrafficCitations..............................................................................................48 Total customers served.............................................................................................................1,028 Fingerprints/Live Scans...............................................................................................................254 Totalreceipts............................................................................................ $7,363 SCHOOL RESOURCE OFFICERS (Out of session for the summer) Felonyarrest.....................................................................................................................................0 Misdemeanor arrests........................................................................................................................ I Reports.............................................................................................................................................7 Citations.........................................................................................................................................12 Meetings/Presentations..................................................................................................................31

Item No. 17

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 25, 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
July 25, 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 has received a general plan for a two -span bridge and a general plan for a bridge with a 500-foot long viaduct. Environmental agencies have stated that a low -flow crossing is a non -starter. The two -span bridge will exacerbate flooding. Staff is discussing options on how 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 Q2 of 2023.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
July 25, 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. For detailed information, please visit the project website at TemeculaCA.gov/FVP2.
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 Final Plans, Specifications, and Estimate.

Target for beginning of construction is Winter 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. The design consultant, SB&O, has finished the ground penetrating radar scope of work.

They are starting the conceptual design.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
July 25, 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 August 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 was submitted in July 2023.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
July 25, 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. Project is complete, finalizing last CCO. Anticipating to file NOC is late August 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. Paloma Del Sol and Meadowview areas are complete. Punchlist phase of work. Anticipated completion of project is end of July 2023.

Rancho California Median Improvements, PW23-04
Description: Design and construction of missing raised concrete medians with landscaping between Humber Drive and Butterfield Stage Road. In addition, there will also be construction of missing improvements on the north side of Rancho California Road, between Riesling Court and Promenade chardonnay Hills. The improvements will include median curbs, curb and gutter, sidewalks, and landscape and irrigation.

Cost: $3,855,000
Status: An informal RFP was sent to the City's on -call engineering consultants. Design is anticipated to start in August 2023 with the consultant that is chosen from said RFP.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
July 25, 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 is complete, Contractor is preparing last invoice. Anticipate to file the NOC at the end of August 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 Avenue has been closed and a permanent block wall was constructed. Project is in the close out phase.

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
July 25, 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 July 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. The facility was opened to the public mid -June, 2023. Design for Phase 2 started in February 2023.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
July 25, 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. The plans and specifications are anticipated to be approved by mid -July 2023. Anticipate to re -advertise the project after that.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
July 25, 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 — July 2023. Current activities include environmental revalidation and design of new power and irrigation water service. Estimated construction start in early Fall 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. Roofing is near complete. Contractor is currently installing millwork inside the building and working on pool.. Anticipate building to have permanent power installed by July 21, 2023. 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 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
July 25, 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: Construction contract awarded by City Council on May 9, 2023. Notice to Proceed was issued June 26, 2023. Contractor has already ordered shade structures.

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. Consultant is re -designing project to eliminate retaining wall. Design is anticipated to be completed by end of July 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 July 2023.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
July 25, 2023
INFRASTRUCTURE PROJECTS (Continued)
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. NOC filed at the July 11, 2023 City Council Meeting.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
July 25, 2023

PARKS AND RECREATION PROJECTS
Murrieta Creek Improvements — Trail Lights, 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. A US Army Corps of Engineers (USACE) 408 permit is required and an application has already been submitted 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 out for public bidding with bids scheduled to be opened July 20, 2023.

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: Bid documents are finalized. Project is scheduled to be posted on PlanetBids on Thursday 07/13/2023.

Bids will be opened on Thursday 08/03/2023. Construction is anticipated to start in September 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
July 25, 2023
PARKS AND RECREATION PROJECTS (Continued)
PICKLEBALL COURTS, PW21-03
Description: Design and construct new, dedicated pickleball courts at Ronald Reagan Sports Park.

Cost: $3,300,878
Status: Project is at 60% design stage. Construction bidding is anticipated to be early 2024.

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. USA Shade is currently manufacturing the shade structure. Installation of shade structure is anticipated to take place the week of August 21, 2023.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
July 25, 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 Qualification 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. Construction anticipated to start in Q1 of 2024.

City of Temecula

DEPARTMENT OF PUBLIC WORKS

PROJECT STATUS REPORT
July 25, 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
July 25, 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

REQUEST TO SPEAK

CITY OF TEMECULA
1989
Date: ---V25 4 3
Public Comment: Non -Agenda Item: IX Agenda Item ❑ Future Agenda Item: ❑ p H1'I' o-� Znl i ^d 0 (' S-
Item Description or Item No.

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

Name

Email address:

PhoneNumber:

If you are representing an organization or group, please give the name:
aid
Please note that all information presented at a City Council meeting becomes public record.

All information provided is optional.

REQUEST TO SPEAK
� CITY OF TEMECULA
1989
Date: gs
Public Comment: Non -Agenda Item: Agenda Item Future Agenda Item: S �a Item Description or Item No.

Request to Speak forms for Public Comments or items isted on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the recnrrl
Name: l'c,P' r 1f Phone Number.

Address. .�
Email address—�
If you are representing an organization or group, please give the nam '� c� �cz vtA r
k1fA
fcike-
Please note that all information presented at a City Council meeting becomes public record. p(ojrcL^-\ All information provided is optional. I I -------1

Public Comment

REQUEST TO SPEAK

CITY OF TEMECULA
Date:

Non -Agenda Itek / I Agenda Item: D Future Agenda Item:

Item Description or Item No. 4 a�,_
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the rqcord.

Name: Phone Number
Address
Email address:

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

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

All information provided is optional.

REQUEST TO SPEAK

CITY OF TEMECULA
1989
Date:

Public Comment Non -Agenda Item: Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No.

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

Name: W \ r
Address:

Email address:

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

Phone Number:

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

All information provided is optional.

REQUEST TO SPEAK

CITY OF TEMECULA
19li9
Date: -7/2 r121
Public Comment: Non -Agenda Item Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No.

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

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

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All information provided is optional.

REQUEST TO SPEAK

CITY OF TEMECULA
Date: 7 Z Z, 3
Public Comment: Non -Agenda Item: � Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No.

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

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0�0-�ON

REQUEST TO SPEAK

CITY OF TEMECULA
- _ Date: Z� '- ZOZ
Public Comment: Non -Agenda Item: Agenda Item ❑ Future Agenda Item: ❑ Item Description or Item No.

Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. ( /
Name: ��1V�yA�C/r/ C-L Phone Number:

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01989

REQUEST TO SPEAK

CITY OF TEMECULA
'1 (/"Tl
Date:

Public Comment: Non -Agenda Item: Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No.

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