Agenda — Temecula City Council, November 28, 2023 (part 2 of 3)

MLPA 08-22-07

Master Agreement Number 1000608455 11062023
Schedule Number 1000608455000002

ATTACHMENT A
TO

SCHEDULE TO STATE AND LOCAL GOVERNMENT MASTER LEASE PURCHASE AGREEMENT The first payment of Rent will be due on the Acceptance Date and all payments will be due annually thereafter.

Payment No
Payment
Interest_
Principal
Balance
Concluding
Payment
0 $2,168,500.00
$2,211,870.00
1 $489,040.12
$0.00
$489,040.12
$1,679,459.88
$1,713,049.08
2 $489,040.12
$107,357.70
$381,682.42
$1,297,777.46
$1,323,733.01
3 $489,040.12
$82,959.05
$406,081.07
$891,696.39
$909,530.32
4 $489,040.12
$57,000.75
$432,039.37
$459,657.02
$468,850.16
5 $489,040.12
$29,383.10
$459,657.02
$0.00
$0.00
Grand Totals $2,445,200.60
$276,700.60
$2,168,500.00
$0.00
Please note that the Concluding Payment includes a 2% prepayment premium which is payable only in the event you prepay this lease early.

Lessee Please Initial and date:
z Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York

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IvII.PA 08-22-07

Master Agreement Number 1000608455 11072023
Schedule Number 10006084551107202301

STATE AND LOCAL GOVERNMENT MASTER LEASE PURCHASE AGREEMENT

ACCEPTANCE CERTIFICATE
Hewlett-Packard Financial Services Company' ("Lessor") and City of Temecula, California, an agency, department or political subdivision of the State of California ("Lessee") are parties to the State and Local Government Master Lease Purchase Agreement (the "Master Agreement") and Schedule under such Master Agreement (the "Schedule") identified by the Master Agreement Number and Schedule Number, respectively, specified above. The Master Agreement and Schedule together comprise a separate Lease, that is being accepted and commenced pursuant to this Acceptance Certificate. All capitalized terms used in this Acceptance Certificate without definition have the meanings ascribed to them in the Master Agreement.

1. LEASE ACCEPTANCE. Lessee hereby acknowledges that the Equipment described in Section 1 of the Schedule, or if different, the Equipment described in the attached invoice or other attachment hereto, has been delivered to the Equipment Location specified below, inspected by Lessee and found to be in good operating order and condition, and has been unconditionally and irrevocably accepted by Lessee under the Lease evidenced by the Master Agreement and the Schedule as of the Acceptance Date set forth below.

Lessee authorizes Lessor to reduce the Rent payments on the Schedule to reflect the Final Invoice Amount set forth on the attached invoice(s) if such amount is different than the Total Cost on the Schedule.

2. LESSEE ACKNOWLEDGEMENTS. Lessee hereby agrees to faithfully perform all of its obligations under the Master Agreement and the Schedule and reaffirms, as of the date hereof, its representations and warranties as set forth in the Master Agreement.

Lessee hereby acknowledges its agreement to pay Lessor Rent payments, as set forth in the Schedule, plus any applicable taxes, together with all other costs, expenses and charges whatsoever which Lessee is required to pay pursuant to the Master Agreement and the Schedule, in each instance at the times, in the manner and under the terms and conditions set forth in the Master Agreement and the Schedule, respectively.

3. EQUIPMENT LOCATION. The Equipment has been installed and is located at the following Equipment Location:
41000 Main Street, Temecula, CA 92590.

4. REPRESENTATIONS AND WARRANTIES. Lessee hereby represents and warrants that on and as of the date hereof each of the representations and warranties made by Lessee in the Master Agreement are true, correct and complete.

City of Temecula, California
By:

Name and Title
Acceptance Date:
'Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York

Page 1 of 3 ends

NLLPA 08-22-07

INCUMBENCY CERTIFICATE
(State and Local Government Master Lease Purchase Agreement) I, the undersigned being the duly appointed and acting Secretary or Clerk of ("Lessee"), DO HEREBY CERTIFY that (i) I have custody of the records of Lessee; and (ii) based on an examination of such records of Lessee as of the date set forth below, the following persons in the respective capacities indicated opposite their names have been authorized to execute, with full authority to bind the Lessee to the State and Local Government Master Lease Purchase Agreement between Lessee and Hewlett-Packard Financial Services Company as lessor ("Master Agreement"), and all other agreements, documents and instruments executed and delivered and to be executed and delivered in connection therewith, including without limitation, the Master Agreement, any Schedules and Acceptance Certificates (as such terms are defined in the Master Agreement; collectively referred to as the "Documents"); and (iii) the signature set forth opposite such individual's name and title/office is the true and authentic signature of that individual; and, (iv) each such individual has (and had on the date each such individual affixed his or her signature to the Documents) the authority to enter into the Documents on behalf of the Lessee.

Name Title/Office Email Address Signature
Lessee agrees that: (1) the Documents may be executed by electronic signature ("Electronic Document") initiated through any mutually agreed commercial electronic signature provider to Lessee's authorized signatory's password -protected access email address that Lessee has identified above; (ii) any electronic signatures appearing on any Electronic Document shall have the same force and effect, and be considered for all purposes, as an original ink signature; and (iii) if the terms set forth in any Electronic Document evidence both a monetary obligation and a security interest in, or a lease of, specific goods and/or software license used in the goods, and Lessor may cause the Electronic Document to be marked as the sole original copy and such marked copy will constitute "electronic chattel paper" in the sole custody and control of Lessor.

On behalf of Lessee, I hereby certify the due and effective ratification, approval, and confirmation of all such acts and things that any of the above -referenced persons has done or may do in connection with the matters outlined above prior or subsequent to the date of this Certificate. I do further certify that the foregoing authority shall remain in full force and effect, and Hewlett-Packard Financial Services Company shall be entitled to rely upon same, until written notice of the modification, rescission or revocation of same, in whole or in part, has been delivered to Hewlett-Packard Financial Services Company, but no such modification, rescission or revocation shall, in any event, be effective with respect to any documents executed or actions taken in reliance upon the foregoing authority prior to the delivery to Hewlett-Packard Financial Services Company of said written notice of said modification, rescission or revocation. The execution and delivery of the Documents for and on behalf of Lessee is not prohibited or in any manner restricted by any law, ordinance or regulation.

IN WITNESS WHEREOF, I have duly executed this Incumbency Certificate and affixed Lessee's seal hereto this day of 2023.

SEAL
Secretary/Clerk or duly elected or appointed and acting officer (or duly authorized designee of such officer) of

CITY OF TEMECULA, CALIFORNIA
Signature:

Print Name:
[PLEASE NOTE: THE GENERAL PURPOSE OF THIS DOCUMENT IS TO AUTHORIZE INDIVIDUALS TO SIGN THE LEASE DOCUMENTS. CONSEQUENTLY, THE PERSON PROVIDING THE AUTHORIZATION CANNOT HIM OR HERSELF BE ONE OF THE SIGNERS OF THE LEASE DOCUMENTS. — I.E. CANNOT AUTHORIZE HIM OR HERSELF].

Incumbency Certificate 11-02

:it 9 A A : A
0*0i

MASTER SERVICES AGREEMENT
THIS MASTER SERVICES AGREEMENT (the "MSA") between DataBank Holdings Ltd., a Texas limited partnership with offices at 400 South Akard, Suite 100, Dallas, Texas 75202 ("DataBaW) and the City of Temecula with offices at 41000 Main Street. Temecul,,L CA 92590("Customer') is made effective as of the date indicated below the Customer signature on the initial Order Form submitted by Customer and accepted by DataBank.

ARTICLE 1 —INTRODUCTION

1.1 General. This MSA sets forth the terms and conditions of DataBank's delivery and Customer's receipt of any or all of the Services provided by DataBank, including Professional Services. The specific Services to be provided under this MSA are identified in the Order Forms and/or Statements of Work submitted by Customer and accepted by DataBank and described in detail in the Order Forms and/or Statements of Work attached to each Order Form. The service levels DataBank will provide to Customer for each Service ordered, other than Professional Services, are defined in detail in the Service Level Agreements. Each Service Level Agreement and Order Form submitted, accepted and executed by both parties is hereby incorporated by reference into this MSA. This MSA is intended to cover any and all Services ordered by Customer and provided by DataBank. Any terms set forth in this MSA which apply specifically to Services not ordered by Customer, will not apply to Customer.

If Customer and DataBank or any of its affiliated entities are party to an agreement pursuant to which services are provided to Customer (the "Prior MSA"), then the parties hereby expressly agree that the Prior MSA is hereby terminated and superseded in its entirety by this MSA, and any Service Orders previously issued under the Prior MSA that are in effect are subject to the terms and conditions set forth in this MSA.

1.2 Definitions. Capitalized terms used and not elsewhere defined in this MSA, have the meanings given them in Schedule A to this MSA.

ARTICLE 2 — DELIVERY OF SERVICES AND TERM

2.1 Delivery of Services.
(a) General. By submitting an Order Form, Customer agrees to take and pay for, and, by accepting the Order Form, DataBank agrees to provide, the Services specified on the Order Form during the Initial Term and for any Renewal Term, as specified in Section 2.2(b). Billing for individual Services will begin as set out on the applicable Order Form. If no time is set out on an Order Form, billing will begin on the Service Commencement Date. The Services (including all data storage), shall be provided solely from within the continental United States and on computing and data storage devices residing therein. Databank shall maintain accurate records of all fees billable to, and payments made by, Customer in a format that will reasonably permit audit by Customer for a period of no less than three (3) years from when a fee was incurred or a payment was made. The foregoing obligation of Databank shall survive the termination of this MSA. For the term of this MSA, upon Customer's written request, Databank shall provide Customer with a copy of its annual American Institute of Certified Public Accountants Service Organization Control (SOC) 1 type 2 report and SOC 2 type 2 report (for all Trust Services Principles) or applicable successor reports. In the event Customer gives Databank written notice of a "litigation hold" or request under the California Public Records Act (Gov. Code § 7920.000 et seq., "Public Records Act")., then as to all data identified in such notice or request that is stored on DataBank's equipment, Databank shall, at no additional cost to Customer, isolate and preserve all such data pending receipt of further direction from the Customer.

2.2 Term of Services.
(a) Commencement of Initial Term. The term for each Service will commence on the Service Commencement Date and continue for the Initial Term.
(b) Renewal Terms. Following the Initial Term and unless otherwise terminated as provided for in this MSA or in writing at least ninety (90) days prior to the end of the Initial Term by either party that it has elected to terminate, each Service will be renewed for successive one (1) year terms (each, a "Renewal Term"). Except as otherwise expressly provided in this MSA, DataBank is obligated to provide and Customer is obligated to pay for each Service through its Initial Term and any Renewal Term. The termination of any Service will not affect Customer's obligations to pay for other Services. (c) Utility Rate Increases. Customer acknowledges that Databank may increase power charges at a rate proportional to utility rate increases during the Initial Term or any Renewal Term.

ARTICLE 3 — PAYMENT TERMS FOR FEES AND EXPENSES

3.1 Fees and Expenses. Customer will pay all fees and expenses due according to the prices and terms listed in the Order Forms. The

prices listed in the Order Forms will be increased by up to three percent (3%) per annum during the Initial Term indicated in the Order Forms and any Renewal Term thereof to cover increased costs associated with operating the DataBank Data Centers.

3.2 Payment Terms. On the Service Commencement Date for each Service, Customer will be billed an amount equal to all non- recurring charges indicated in the Order Form and the monthly reCUrring charges far the first month of the term. Monthly recurring charges for all other months will be billed in advance of the provision of Services. All other charges for Services received and expenses incurred during a month (e.g., time and materials billing fees, etc.) will be billed at the end of the month in which the Services were provided.

Payment for all fees and expenses is due within thirty (30) days from the date of each DataBank invoice ("Due Date"). All payments will be made in the United States in U.S. dollars.

3.3 Late Payments. Any payment not received within by the Due Date will accrue interest at a rate of one and one half percent (1 '/%) per month, or the highest rate allowed by applicable law, whichever is lower.

3.4 Billing Disputes. If Customer in good faith disputes any portion of any DataBank invoice, Customer shall submit to DataBank, by the due date, full payment of the undisputed portion of the invoice and written documentation identifying and substantiating the disputed amount. If Customer does not report a dispute within sixty (60) days following the date of the applicable invoice pursuant to this Article

3.4, Customer shall have waived its right to dispute the invoice and all charges therein shall be deemed true and correct and due and owing. DataBank and Customer agree to use their respective commercially reasonable efforts to resolve any dispute within thirty (30) days after DataBank receives written notice of this dispute from Customer. Any disputed amounts resolved in favor of Customer shall be credited to Customer's account on the next invoice following resolution of the dispute. Any disputed amounts determined to be payable to DataBank shall be due within thirty (30) days of the resolution of the dispute.

3.5 Taxes. All fees charged by DataBank for Services are exclusive of all regulatory fees, surcharges, taxes and similar fees now in force or enacted in the future imposed on the transaction or the delivery of Services, all of which Customer will be responsible for and will pay in full, except for franchise taxes and taxes based on DataBank's net income.

ARTICLE 4 — CONFIDENTIAL INFORMATION; INTELLECTUAL PROPERTY OWNERSHIP; LICENSE GRANTS

4.1 Confidential Information.
(a) Nondisclosure of Confidential Information. Each party acknowledges that it will have access to certain confidential information of the other party concerning the other party's business, plans, customers, technology, and products, and other information held in confidence by the other party ("Confidential Information"). Confidential Information will include all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential. Confidential Information will also include, but not be limited to, DataBank Technology and Customer Technology. Each party agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by, or required to achieve the purposes of, this MSA, nor disclose to any third party (except as required by law or to that party's attorneys, accountants and other advisors as reasonably necessary), any of the other party's Confidential Information. Each party also agrees that it will take reasonable precautions to protect the confidentiality of the other parry's Confidential Information, at least as stringent as it takes to protect its own Confidential Information.
(b) Exceptions. Information will not be deemed Confidential Information under this MSA if such information: (i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this MSA by the receiving party; or (iv) is independently developed by the receiving party.

The receiving party may disclose Confidential Information pursuant to the requirements of a governmental agency or by operation of law or legal procedure, provided that it gives the disclosing party reasonable prior written notice sufficient to permit the disclosing party to contest such disclosure unless (i) such disclosure is prohibited by law; or (ii) a government agency requests that no disclosure be made to the disclosing party. It is understood that Customer is subject to the California Public Records Act (Gov. Code §7920.000 et seq.). If a request under the California Public Records Act is made to view Databank"s Confidential Information, Customer shall notify Databank of the request and the date that such records will be released to the requester unless Databank obtains a court order enjoining that disclosure. If Databank fails to obtain a court order enjoining that disclosure, Customer will release the requested information on the date specified.

4.2 Intellectual Property.
(a) Ownership. Except for the rights expressly granted in this MSA, this MSA does not transfer from DataBank to Customer any DataBank Technology, and all right, title and interest in and to Databank Technology will remain solely with DataBank. Except for the rights expressly granted in this MSA, this MSA does not transfer from Customer to DataBank any Customer Technology, and all right, title and interest in and to Customer Technology will remain solely with Customer. DataBank and Customer each agrees that it will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the other party.
(b) General Skills and Knowledge. Notwithstanding anything to the contrary in this MSA, DataBank will not be prohibited or enjoined at any time by Customer from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of DataBank.

ARTICLE 5 — DATABANK REPRESENTATIONS AND WARRANTIES

5.1 General.
(a) Authority and Performance of DataBank. DataBank represents and warrants that (i) it has the legal right and authority to enter into this MSA and perform its obligations under this MSA, (ii) the performance of its obligations and delivery of the Services to Customer will not violate any applicable U.S. laws or regulations, including OSHA requirements, or cause a breach of any agreements with any third parties; (iii) there is no outstanding litigation, arbitrated matter or other dispute to which it is a party which, if decided unfavorably to it, would reasonably be expected to have a potential or actual material adverse effect on its ability to fulfill its obligations under this MSA; and (iv) to the best of its knowledge and belief, it is the lawful licensee or owner of the Services (excluding any of Customer's data therein) and has all the necessary rights in the Services to grant the use of the Services to Customer. In the event of a breach of the warranties set forth in this Section 5.1(a), Customer's remedy, in addition to any other remedies available at law or in equity, is termination pursuant to Article 10.

5.2 Service Warranties.
(a) Service Level Warranty. Subject to the exceptions set forth in the Service Level Agreement applicable to a specific Service, DataBank warrants that it will provide each Service at or above the service levels defined in the applicable Service Level Agreement (the "Service Level Warranty').
(b) Remedies. In the event that DataBank fails to provide a Service at the level required by the Service Level Warranty, Customer'sonly remedies are those set forth in the Service Level Agreement applicable to that Service (the "Remedies"). (c) Customer Must Request Remedies. In order to receive any of the Remedies, Customer must notify DataBank in writing within thirty (30) days from the time Customer becomes eligible to receive such Remedies. Failure to comply with this requirement will forfeit Customer's right to receive such Remedies.
(d) Remedies Shall Not Be Cumulative; Maximum Remedy. The Remedies set forth in each Service Level Agreement are not cumulative. The aggregate maximum Remedy for any and all failures to provide Services at the level required by a particular Service Level Agreement that occur in a single calendar month shall not exceed the maximum set forth in such Service Level Agreement. (e) Termination Option for Chronic Problems. Customer may terminate a specific Service if the Customer experiences Chronic Problems (as defined in the applicable Service Level Agreement) with such Service. Customer must provide DataBank written notice of termination for Chronic Problems as specified in the Service Level Agreement and such termination will be effective as provided in the Service Level Agreement.
(f)THE SERVICE LEVEL WARRANTY SET FORTH IN THIS SECTION 5.2 DOES NOT APPLY TO (1) ANY PROFESSIONAL SERVICES; (II) ANY SUPPLEMENTAL SERVICES; OR (III) ANY SERVICES THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL WARRANTY (AS STATED IN THE SERVICE LEVEL AGREEMENTS FOR SUCH SERVICES). (g) System Maintenance. Except for Emergency Maintenance, in the event DataBank determines that it is necessary to perform maintenance that has the potential for Service to be interrupted for the performance of system maintenance, DataBank will notify Customer ten (10) days prior to the performance of such maintenance and will schedule such maintenance during non -peak hours (midnight to 5:00 A.M. local time). In no event shall interruption for system maintenance if Customer is notified of in advance constitute a failure of performance by DataBank.
(h) Software License. Any third party software license provided to Customer is provided with "Restricted Rights" applicable to private and public licensees, including restrictions on use, duplication or disclosure by the U.S. Government as set forth in this MSA and as provided in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. (i) Third Party Solutions. Customer agrees and acknowledges that Customer may purchase, install or utilize certain third party applications, products, services, or software ("Third Party Solutions") through DataBank with the Services. These Third Party Solutions are provided to Customer "AS IS" and are governed by the third party's own terms of service (including any required payments) and privacy policies as set forth by that third party. DataBank does not endorse and is not responsible or liable for, directly or indirectly, and makes no representations or warranties and provides no indemnification for the services or features provided by any Third Party Solutions that Customer may choose to install, notwithstanding any language to the contrary in this MSA, any Order Form, Statements of Work or Service Level Agreement. DataBank is not liable for Customer's reliance on the privacy practices, data security processes or other policies of such Third Party Solutions. DATABANK DOES NOT MANAGE OR PROVIDE CUSTOMER SUPPORT OR ASSISTANCE WITH

RESPECT TO THE THIRD PARTY SOLUTIONS, UNLESS PREVIOUSLY AGREED IN WRITING BY THE PARTIES, AND DATABANK

IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DAMAGES OR LOSSES ALLEGED OR CAUSED IN CONNECTION WITH THE USE OF, OR RELIANCE UPON, ANY THIRD PARTY SOLUTIONS. 0) Customer Solutions. To the extent that Customer uses its own applications, products, services, software ("Customer Solutions") in conjunction with the Services, then DataBank shall not be responsible or liable in any way for any damage or loss alleged, or caused, in connection with the use of or reliance upon of any Customer Solutions.

5.3 Service Performance Warranty. Data Bank warrants that it will perform the Services in a manner consistent with industry standards reasonably applicable to the performance thereof.

5.4No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN ARTICLE 5, THE SERVICES AREPROVIDED

ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. DATABANK DOES NOT MAKE, AND

HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DATABANK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE, OR COMPLETELY SECURE.

5.5 Disclaimer of Actions Caused by or Under the Control of Third Parties. DATABANK DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM DATABANK'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES,

ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH DATABANK WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS

IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, DATABANK CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, DATABANK DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

ARTICLE 6 — CUSTOMER REPRESENTATIONS, WARRANTIES AND OBLIGATIONS

6.1 Representations and Warranties of Customer.
(a) Authority and Performance. Customer represents and warrants that (i) it has the legal right and authority to enter into this MSA and perform its obligations under this MSA, and (ii) the performance of its obligations and use of the Services (by Customer, its customers and users) will not violate any applicable laws, regulations or the Acceptable Use Policy or unreasonably interfere with other DataBank customers' use of DataBank services.
(b) Breach of Warranties. In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, DataBank will have the right, in its sole reasonable discretion, to suspend immediately any related Services if deemed reasonably necessary by DataBank to prevent any harm to DataBank and its business. DataBank will provide notice and opportunity to cure. Once cured, DataBank will promptly restore the Services.

6.3 Accesses and Security. Customer's access to the DataBank Data Centers will be limited solely to the Representatives identified by the Customer to DataBank in writing or entered by Customer into the DataBank Web Portal. If Customer is in breach under this MSA or otherwise not in compliance with the terms of this MSA and is notified of such breach by Databank, DataBank's prior written consent, which may be granted in DataBank's sole discretion, will be required for any such access.

6.4 Restrictions on Use of Services. Customer shall not, without the prior written consent of DataBank, which will not be unreasonably withheld, resell the Services to any third parties.

6.5 "Distributed Denial of Service Attack" ("DDoS Attack'). DataBank shall assign Internet Protocol ("IP") address space for Customer use during the term of this MSA. DataBank shall retain ownership of all such IP addresses at all times. Unless Customer has subscribed to DataBank DDoS Service, in the event Customer is subject to a DDoS Attack, it may be necessary to limit or stop all Customer data transfer including Null Routing of all inbound and outbound Customer internet traffic. If this occurs, DataBank will use commercially reasonable efforts to contact Customer. DataBank will attempt to limit the time in which Customer's data transfer is restricted, but this type of restriction will not be a breach of this MSA.

ARTICLE 7— INSURANCE

7.1 DataBank Minimum Levels. DataBank agrees to keep in full force and effect during the term of this MSA: (i) comprehensive general liability insurance in an amount not less than $2 million per occurrence for bodily injury and property damage, (ii) workers' compensation insurance including employer's liability insurance in an amount not less than $1 million per occurrence, (iii) hired and non -owned automobile liability insurance in an amount not less than $1 million per occurrence Where not specifically prohibited by law, all policies shall contain waiver of subrogation. DataBank agrees that it will ensure and be solely responsible for ensuring that its contractors and subcontractors maintain insurance coverage at levels no less than those required by applicable law and customary in DataBank's and its agents' industries.

The Customer shall be named as an additional insured in the commercial general, and excess liability policies which shall contain standard cross liability clauses. Databank shall cause the liability it assumed under this MSA to be specifically insured under the contractual liability section of the liability insurance policies. The liability policies shall be primary without right of contribution from any Indemnitee, and Databank waives all rights of subrogation with respect to said policies. Such policies shall require that Customer be given no less than thirty (30) calendar days prior written notice of any cancellation thereof or material change therein. Databank shall provide Customer with certificates of insurance and original endorsements, evidencing all of the above coverage, including all special requirements specifically noted above, and shall provide Customer with certificates of insurance evidencing renewal or substitution of such insurance thirty (30)

calendar days prior to the effective date of such renewal or substitution

7.2 Customer Minimum Levels. In order to provide customers with physical access to facilities operated by DataBank and equipment owned by third parties, DataBank is required by its insurers to ensure that each DataBank customer maintains adequate insurance coverage. Customer agrees to keep in full force and effect during the term of this MSA: (i) comprehensive general liability insurance in an amount not less than $2 million per occurrence for bodily injury and property damage, (ii) workers compensation insurance including employer's liability insurance in an amount not less than $1 million per occurrence, and (iii) and "All Risk" property insurance covering all of Customer's equipment in an amount not less than its full replacement cost. If Customer is purchasing Managed or Cloud Services, Customer must additionally obtain professional liability insurance and standard form property insurance, including business interruption and electronic data processing media insurance, in each case in the amount not less than $1 million per occurrence. Where not specifically prohibited by law, all policies shall contain waiver of subrogation. Customer shall notify DataBank in writing at least thirty (30) days in advance of cancellation or reduction in coverage. Customer agrees that it will ensure and be solely responsible for ensuring that its agents (including contractors and subcontractors) maintain insurance coverage at levels no less than those required by applicable law and customary in Customer's and its agents' industries. Databank acknowledges that Customer is a public entity and may self -insure or obtain insurance from a risk pool, which shall be acceptable coverage

7.3 Certificates of Insurance; Naming DataBank as an Additional Insured. Prior to any access of the DataBank Data Centers by any Representative or other agent or employee of Customer, Customer will (i) deliver to DataBank certificates of insurance which evidence the minimum levels of insurance set forth above; and (ii) cause its insurance providers to name Databank as an additional insured and notify DataBank in writing of the effective date thereof.

ARTICLE 8 —LIMITATIONS OF LIABILITY

8.1 Personal Injury. EACH REPRESENTATIVE AND ANY OTHER PERSON VISITING A DATABANK DATA CENTER DOES SO AT ITS OWN RISK. NEITHER PARTY ASSUMES LIABILITY WHATSOEVER FOR ANY HARM TO SUCH PERSONS RESULTING FROM ANY CAUSE OTHER THAN THE PARTY'S NEGLIGENCE OR WILLFUL MISCONDUCT.

8.2 Consequential Damages Waiver. EXCEPT FOR A BREACH OF SECTION 4.1 ("CONFIDENTIAL INFORMATION") OF THIS MSA,

IN NO EVENT WILL EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, EXEMPLARY,

SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST

PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR

LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. .

8.3 LIMITATION OF ACTUALS. DATABANK'S TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL MONTHLY RECURRING CHARGES RECEIVED BY DATABANK FROM CUSTOMER OVER THE PRECEDING TWELVE (12) MONTHS FOR THE AFFECTED SERVICES.

ARTICLE 9—INDEMNIFICATION

9.1 Indemnification. DataBank shall indemnify, defend and hold Customer (including City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers) harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") resulting from or arising out of any claim, suit, action, or proceeding (each, an "Action") brought by any third party against Customer or its affiliates alleging (i) the infringement or misappropriation of any intellectual property right relating to the delivery or use of the Services (but excluding any infringement solely caused by Customer); (ii) tangible property or personal injury caused by the gross negligence or willful misconduct of DataBank.

9.1.1Notice. Databank's indemnification obligations under this MSA shall be subject to (i) receiving prompt written notice of the existence of any Action; (ii) permitting the Customer to participate in the defense of any Action; and (iii) receiving full cooperation of the Customer in the defense thereof.

ARTICLE 10—TERMINATION

10.1 Termination by Customer For Cause. If DataBank fails to perform a particular Service under this MSA and does not remedy such failure within thirty (30) days following written notice from Customer (or such additional time which may be reasonably necessary to remedy such failure), Customer may terminate such Service without any further obligation to DataBank except for the payment of undisputed accrued but unpaid charges. If DataBank is unable to provide Service for thirty (30) consecutive days due to a Force Majeure event as defined in Section 11.1, Customer may terminate the affected Service without liability.

10.2 Termination by Customer for Convenience. Customer may, at any time and without cause, terminate any Service upon thirty (30) days written notice to DataBank, provided that Customer shall immediately pay DataBank (a) all charges for Services previously rendered, and (b) the monthly amount due for the terminated Services times the number of months remaining in the first 12 months of the applicable term, if any plus 50% of the monthly amount due for the terminated Services times the number of months remaining in the applicable term after month 12.

DataBank acknowledges that funding to pay for Services ordered under this MSA is subject to annual appropriations by the appropriate governing body and if adequate sums are not appropriated in any fiscal year to fund Customer's use of Services ordered hereunder, upon

delivering to DataBank documentation of the same satisfactory to DataBank in its reasonable discretion, Customer may terminate the affected Services upon no less than 45 days prior written notice. Such termination will not affect Customer's payment obligations for periods prior to such termination. Customer represents and warrants, however, that Customer will include sufficient funding to cover charges for all Services ordered under this MSA in each Customer budget submitted for approval, and will actively support the appropriation of such funding, during the term of each Order Form.

10.3 Termination by DataBank. DataBank may terminate this MSA or any Service with no further liability if (i) Customer fails to make payment as required under this MSA and such failure is uncorrected for thirty (30) calendar days following written notice from DataBank, or (ii) Customer fails to perform any other material obligation under this MSA and does not remedy such failure within thirty (30) days following written notice from DataBank or (iii) Customer files for bankruptcy or reorganization (voluntary or involuntary) (hereinafter collectively referred to as "Customer Default'). In the event of a Customer Default, DataBank shall have the right to: (i) suspend Service to Customer; (ii) cease processing or accepting orders for Service; and/or (iii) terminate this MSA or any Service. If DataBank terminates this MSA due to a Customer Default, Customer shall remain liable for all undisputed charges outlined in Section 10.2 herein. It is the express intent and understanding of the parties that, this MSA and Service Orders hereunder being one integrated agreement and not separate, severable contracts, Customer's rights to early termination of any Service is not a right to "reject", on an individual basis, any Service or any Service Order pursuant to federal bankruptcy laws.

10.4 Termination on Expiration of all Services. Either party may terminate this MSA, effective as of the date specified in written notice of termination provided to the other party, if all Services have been terminated in accordance with the procedures in Section 2.2(b) or if no Order Forms are in effect.

10.5 No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Service or this MSA in accordance with its terms.

10.6 Effect of MSA Termination. Upon the effective date of termination of this MSA:
(a) DataBank will immediately cease providing the Services; (b) any and all undisputed payment obligations of Customer under this MSA for Services through any applicable term will immediately become
due;
(c) within ten (10) days of such termination, each party will return all Confidential Information of the other party in its possession and will not make or retain any copies of such Confidential Information except as required to comply with any applicable legal or accounting record keeping requirement;
(d) DataBank, at its sole discretion, may remove any Customer Equipment from any DataBank facility and return to Customer and Customer shall bear the cost of the removal and storage of the Equipment and risk of damage or loss related in any way to the removal of the Equipment.

10.7. Termination Assistance. Notwithstanding the provisions of Section 10.6, upon the termination of this MSA for any reason, DataBank will provide to Customer such termination assistance relating to the Services, at DataBank's then current standard rates, as may be reasonably requested in writing by Customer. DataBank's obligation to provide assistance pursuant to this Section 10.7 is limited to a period of forty-five (45) days (the "Assistance Period'). Databank will provide to Customer and/or to the consultant selected by Customer ("Successor Consultant"), at DataBank's then current standard rates, assistance reasonably requested by Customer to effect the orderly transition of the Services, in whole or in part, to Customer or to Successor Consultant ("Transition Services") following the termination of this MSA, in whole or in part All applicable terms and conditions of this MSA shall apply to the Transition Services. This Section shall survive the termination of this MSA.

10.8Survival. The following provisions will survive any expiration ortermination of this MSA: Articles 3, 8, 9, 10 and 11 (excluding Section

11.2) and Sections 4.1, 4.2, and 5.4.

ARTICLE 11 —MISCELLANEOUS PROVISIONS

11.1 Force Majeure. Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this MSA due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet (not resulting from the actions or inactions of DataBank) (each a "Force Majeure Event'), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance.

11.2 No Lease; MSA Subordinate to Master Lease. This MSA is a services agreement and is not intended to and will not constitute a lease of any real property. Customer acknowledges and agrees that (i) it has been granted only a license to use the DataBank Data Centers in accordance with this MSA; (ii) Customer has not been granted any real property interest in the DataBank Data Centers; and (ii) Customer has no rights as a tenant or otherwise under any real property or landlord/tenant laws, regulations, or ordinances.

11.3 Marketing. During the term of this MSA DataBank shall not publicly refer to Customer orally or in writing without the prior written

consent of Customer, however, Customer agrees that DataBank may refer to Customer in communications with DataBank's bankers, accountants, and other service providers to the extent reasonably necessary.

11.4 Government Regulations. Customer will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this MSA without first complying with all export control laws and regulations which may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction Customer operates or does business.

11.5 No Third Party Beneficiaries. DataBank and Customer agree that, except as otherwise expressly provided in this MSA, there shall be no third party beneficiaries to this MSA, including but not limited to the insurance providers for either party or the customers of Customer.

11.6 Governing Law; Dispute Resolution. This MSA and the rights and obligations of the parties created hereby will be governed by and construed in accordance with the internal laws of the State of California with venue in with venue in Los Angeles County, California, without regard to its conflict of law rules and specifically excluding from application to this MSA that law known as the United Nations Convention on the International Sale of Goods. The parties will reasonably endeavorto settle amicably by mutual discussions any disputes, differences, or claims whatsoever related to this MSA.

11.7 Severability. In the event any provision of this MSA is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this MSA will remain in full force and effect.

11.8 Waiver. The waiver of any breach or default of this MSA, or the failure to exercise any right provided for in this MSA, will not constitute a waiver of any subsequent breach, default or right, and will not act to amend or negate the rights of the waiving or non- exercising party.

11.9 Assignment. Customer may assign this MSA in whole as part of a corporate reorganization, consolidation, merger, sale of all or substantially all of its assets, or transaction or series of related transactions that results in the transfer of fifty percent (50%) or more of the outstanding voting power of Customer, provided that any such assignee agrees to be bound by the terms and conditions of this MSA.

Customer may not otherwise assign its rights or delegate its duties under this MSA either in whole or in part without the priorwritten consent of DataBank, and any attempted assignment or delegation without such consent will be void. DataBank may assign this MSA in whole or part, including through the assignment of one or more Order Forms to its Local Entities that own and/or operate facilities in various locations to provide Services specified on such Order Form or Order Forms. Such Local Entities will perform the Services in accordance with, and subject to, the terms and conditions of this MSA and the applicable Order Form. DataBank may act as agent of any Local Entity, and in such capacity would continue to invoice Customer for Services rendered, manage Order Form acceptance and Service delivery hereunder and may exercise and enforce other rights on behalf of such Local Entities. In addition, DataBank may delegate the performance of certain Services to third parties, including Local Entities provided that DataBank will remain responsible for the obligations to provide such Services in accordance with the applicable Order Form and this MSA

11.10 This MSA will bind and inure to the benefit of each party's successors and permitted assigns.

11.11 Notice. Any notice or communication required or permitted to be given under this MSA maybe delivered by hand, deposited with an overnight courier, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party as listed on the Order Form or at such other address as may hereafter be furnished in writing by either party to the other party. Such notice will be deemed to have been given as of the date it is delivered, mailed, or sent, whichever is earlier.

11.12 Relationship of Parties. DataBank and Customer are independent contractors and this MSA will not establish any relationship of partnership, joint venture, employment, franchise, fiduciary, or agency between DataBank and Customer. Neither DataBank nor Customer will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided in this MSA.

11.13 Article and Section Headings; Pronouns; Plural and Singular. The article and section headings in this MSA are for reference purposes only and shall not affect the meaning or interpretation of this MSA. References in this MSA to a designated "Article" or "Section" refer to an Article or Section of this MSA unless otherwise specifically indicated. All pronouns used in this MSA shall be construed as including both genders and the neuter. All capitalized defined terms used in this MSA are equally applicable to their singular and plural forms.

11.14 Entire Agreement. This MSA, including schedules and all documents incorporated into this MSA by reference, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all of the prior agreements and undertakings, both written and oral, among the parties, or any of them, with respect to the subject matter of this MSA. Any additional or different terms in any Order Form or other response by Customer shall be deemed objected to by DataBank without need of further notice of objection, and shall be of no effect or in any way binding upon DataBank.

11.15 Counterparts and Originals. This MSA may be executed in counterparts, which together shall constitute a single agreement.

Delivery by telephonic facsimile or electronic mail transmission of a signed counterpart of this MSA shall be effective as delivery of a manually signed counterpart. Once signed, any reproduction of this MSA made by reliable means (e.g., photocopy, facsimile) is considered an original.

11.16 Amendments. This MSA may be amended or changed only by a written document signed by authorized representatives of DataBank and Customer in accordance with this Section 11.16.

11.17 Databank shall keep itself informed of all applicable federal, state and local laws, ordinances, codes, regulations and requirements applicable to DataBank's performance of its services pursuant to this MSA. Databank shall, at all times, observe and comply with all such laws and regulations, including, but not limited to the Americans with Disabilities Act, the Stored Communications Act, 18 U.S.C. Section 2701, et seq., California Civil Code Sections 1798.80 through 1798.84, and the California Consumer Privacy Act, Civil Code Section 1798.100, et seq, if and to the extent applicable. Customer, and its officers and employees, shall not be liable at law or in equity by reason of the failure of Databank to comply with this paragraph.

11.18 Interpretation of Conflicting Terns. In the event of a conflict between or among the terms in this MSA, the Service Level Agreements, the Order Forms, Statements of Work and any other document made a part hereof, the documents shall control in the following order: the Order Form with the latest date, Statements of Work, the Service Level Agreements, this MSA and other documents.

Authorized representatives of Customer and DataBank have read the foregoing Master Services Agreement and all documents incorporated into the Master Services Agreement and agree and accept such terms effective as of the date first referenced above.

CUSTOMER:

Signature:

Print Name:

Title:

Date:
❑A
Sig
Prii
Title
Dai
This Master Services Agreement incorporates the following documents when applicable:
• Service Orders
• Service Level Agreements
• Statements of Work
• Schedule A - Definitions

DATABANK
MASTER SERVICES AGREEMENT SCHEDULE A —DEFINITIONS
The following defined terms are equally applicable in their singular and plural forms:
a) "Acceptable Use Policy" means the DataBank general Acceptable Use Policy, as of the effective date of the MSA, governing Customer's use of Services, including, but not limited to, online conduct, and the obligations of Customer and its Representatives in the DataBank Data Centers and available at http://www.databank.com/legal/aup . b) "Customer Equipment" or "Equipment" means computer and telecommunications equipment, or other such supporting equipment owned by Customer and placed in DataBank Data Center.
c) "Customer Technology" means Customer's proprietary technology, including Customer's Internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Customer or licensed to Customer from a third party) and also including any derivatives, improvements, enhancements or extensions of Customer Technology conceived, reduced to practice, or developed during the term of this MSA by Customer.
d) "DataBank Data Center" means any of the facilities used by DataBank to provide the Services. e) "DataBank Technology' means DataBank's proprietary technology, including DataBank Services, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by DataBank or licensed to DataBank from a third party) and also including any derivatives, improvements, enhancements or extensions of DataBank Technology conceived, reduced to practice, or developed during the term of this MSA by either party that are not uniquely applicable to Customer or that have general applicability in the art. 0 "Distributed Denial of Service Attack" means a cyber-attack in which the perpetrator seeks to make a machine or network resource unavailable to its intended users by disrupting services of a host connected to the internet. g) "Emergency Maintenance" is maintenance activities that are unscheduled to correct an emergency needed to prevent injury, loss of property, or return an asset to services in DataBank's sole discretion. h) "Initial Term" means the minimum term for which DataBank will provide the Services to Customer, as indicated on the Order Forms.
i) "Order Form" means any of the forms specifying the Services, and the term and prices of such Services, to be provided by DataBank to Customer that are submitted by Customer and accepted by DataBank, including any Statement of Work attached thereto. j) "Null Routing" means the act of implementing a command on a firewall or network equipment to drop packets originating or terminating to a specific IP address or range of addresses. k) "Professional Services" means any professional or consulting service provided by DataBank to Customer as more fully described in a Statement of Work.
1) "Representatives" mean the individuals identified in writing or via the DataBank Portal that contain the names and contact information (e.g. email and telephone numbers) of Customer and the individuals authorized by Customer to enter the DataBank Data Centers.
m) "Renewal Term" means any service term following the Initial Term, as specified in Section 2.2 of the MSA. n) "Representatives" mean the individuals identified in writing or via the DataBank Portal that contain the names and contact information (e.g. email and telephone numbers) of Customer and the individuals authorized by Customer to enter the DataBank Data Centers.
o) "Services" means the specific services provided by DataBank as described on the Order Forms. p) "Service Commencement Date" means the date Service is first made available to Customer for use and Customer has not, within five (5) business days of such delivery, notified DataBank of its non -acceptance of the Service for reasons caused by DataBank. q) "Service Level Agreement" is the detailed definition of service levels that DataBank will provide to Customer for a specific Service.

r) "Service Level Warranty" is described and defined in Section 5.2 of the MSA. s) "Statement of Work" means the detailed descriptions of the Professional Services attached to Order Forms.

The terms "written" and "in writing" mean anything reduced to a tangible form by a party, including a printed, photocopy, facsimile or handwritten document but excluding email or other electronic format.

HELII TO M
w E m a k E I T E a s i E r f o r y o u
The City of Temecula
Digital Transformation
Proposal
Presented By:

Alan Roa
alan.roa(a)_helixstorm.com
951-816-6845
Mark Perlstein
mark.perlstein(@helixstorm.com
951-348-4017
Aaron Schneider
aaron.schneider(a),helixstorm.com
951-225-3491
Helixstorm
27238 Via Industria
Temecula, CA 92590
888-434-3549

Page 1 ends

Executive Summary
The City of Temecula has been operating by leveraging an infrastructure solution that was implemented over 5 years ago. During that time the City experienced minimal issues, very little downtime but for a very few number of incidents, and the solution has provided stability and the functionality to support its requirements.

As to be expected, over that 5-year period, technology has improved, there are now solution options that will make maintenance and support activities easier, and cost per unit of transaction and storage capacity has declined, enabling the implementation of a far more modern and robust system.

Additionally, and importantly, after a 5-year cycle of usage the current equipment has aged, and the likelihood of issues from the current solution present risk on the issues of greater downtime, and possible failure due to older equipment, among other factors.

New risks have appeared in the market, including but not limited to, ransomware and overall security issues. It is critical that, coincident with the end of the 5-year cycle of usage of the current infrastructure, that the new solution be architected according to today's best practices, resulting in the continued mitigation of risk to the city and the services it must reliably deliver to its residents.

Each element of the solution is explained within this document, but in summary the new solution will deliver a critical digital transformation to the City that will provide:

A primary site (city hall) for all normal daily business operations and a secondary site to support business operations from a physical disaster.

Improved reliability and resiliency via a modern technology solution o Primary Site (City Hall)
• Designed with 31 seconds of downtime annually or 99.9999% uptime as defined by HPE availability guarantee.
• Designed to protect against cyber threats and ransomware using immutable repositories that cannot be deleted.

Designed for an RTO/RPO of 4 hours in the event of a digital disaster (encrypted network)
o Secondary Site (Databank Colocation in Denver Colorado) • Designed to protect against a physical disaster and conduct daily business operations from this site and will support 100% of business applications, 50 employee workstations, and a reduced performance level from the primary site.

Built for an RTO/RPO of 24 hours in the event a physical disaster is declared.

Recovery Point Objective (RPO) is defined as the amount of data an organization is willing to lose. The City of Temecula is willing to lose no more than 4 hours of data at the primary site and no more than 24 hours at the secondary site.

Recovery Time Objective (RTO) is defined as the amount of time an organization is willing to have their business applications be inaccessible. The City of Temecula is not willing to have their applications and data inaccessible more than 4 hours at the primary site and 24 hours at the secondary site.

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Proposal:

Primary Site Design - $1,255,472.55
city mall
Physical Veeant Proxy
(6) DL360 Gen10
di servers for ESXi
SN2010m Switches - i5C51
Alletra 6050 {
Stureance 5260 with
(2) Upgrade Kits -
384TB
CoT Primary Site
IS ST
• (2( Intel Xeon-Gold 5220R Processors (2.2GHz/24-core/15Ow) •Memory-768GB (12x64GBI
• Network - 4 X 10/25Gb Ports
• All cables to support 10/25GbE connections
• Support - 5 YR 240
rmn�uawry

4.�e J 7R11a I182.44 I202.71

REHWRMANCE
1[�[M1•.AI 4'R.•mY e�ooaal ' issfEq
MIKF�SWEO READ F REP➢
184TR 135.14TB 202.71Te

Page 3 ends

Secondary Site Cost = $507e144.29
Databank (Denver)
•(2) Intel Xeon-Gold 5220R Processors (2.2GHz/24-core/150W) • Memory - 768GB (12x64GB)
• Network - 4 X 10/25Gb Ports
• Support - 5 YR 247
•All cables to support 10/25GbE connections
1100 Mbo Internet
r(2) PAN Firewall - 440
(4) DL360 Gen10
dHCI Sews (or ESXi
ISN201om all network tragic
Alletra 5030
24TB Flash
126TB Disk
HPE Storeonce 52611
192TB Upgrade Kit
CoT Secondary Site 126T6 101.14T6 151.7TR
5030-2%-126T-GG
CONMG TION SILL Or MATERIALS
ENORONMENtA
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1101.14,E f 126 1136.53 11511
2q% 230116

PERFORMANCE
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MI%ED Sq/SS READ WRITE TnEAD gNlRRf

Page 4 ends

Complete Solution = $1,762,616.84
city MaII Oat -k (Denier)
Phyvcal V— Prozy I
(6) DL360 Genl'
dFICI servers br EMi
5N2=1 Switches-ISCSI
All.. 6C50
sWrecnce 5266 V4In
(2) Llpgratle Kil -
334T0
Rack Elevation Diagrams
J1f10 M6ps Irllernei
1(2) PAN Pi —11- 440
(4) DL36C 0.10
NO --1. ESXi
I5mm, 9il neixmlk nific
All-- Spep
24T0 Fial.

L26TB Disk
lWE -tone 5250
1( LD2T0 Upgrade KA

Page 5 ends

Professional Services and Setup Fees
• Installation, Configuration, and Migration ................................. $205,000 • Databank Cabinet Provisioning....................................................$10,000 0 45U 1200mm cabinet
o (2) 208v Managed and Switched PDU's
o ATS to provide redundant power to devices that only have support for a single power supply.
o Vertical and horizontal cable management
• Point-to-point.................................................................................$2,500 • Total........................................................................................... $217,500

5. OberatinLa Costs (5 Years
• Point -to -Point @ 200 Mbps........................................................... $96,000 • Databank Colocation...................................................................... $96,000 o (1) Cabinet 45U 1200mm
o (2) RJ45 copper ethernet interfaces providing internet and patch panel 0 100Mbps Internet speed
o (2) 208v 30amp power circuits
o (1) Cross -connect (SMF) for 200Mbps point-to-point
Total operating costs (5 Years) .................................................... $192,000

Page 6 ends

Pricing Summary
Item
Annual Cost
5-Year Cost
Total
Operating Costs ML
Point -to -Point with 200 Mbps
$ 19,200.00
$ 96,000.00
Databank Colocation
$ 19,200.00
$ 96,000.00
Operating Costs Total $ 192,000.00
Setup Costs
Point -to -Point Setup Fee
$ 2,500.00
Databank Colocation
$ 10,000.00
Setup Costs Total
$ 12,500.00
Hardware & Installation Costs
Primary Site
$ 1,255,472.55
Secondary Site
$ 507,144.29
Professional Services & Travel
$ 205,000.00
Hardware & Installation Costs
$ 1,967,616.84
Total
Lease Costs
Grand Total
$ 2,172,116.84
Less Discount
$ (3,616.84)
Amount Financed
$ 2,168,500.00
Lease Charges
$ 276,720.45
Total Lease Cost
$ 2,445,220.45
Annual Lease Payment
Annual Lease Payment
$ 489,044.09

Page 7 ends

HELIX TO M
WE m a k E IT E a S i E r for y o u
The City of Temecula
Digital Transformation
Statement of Work
Presented By:

Ryan Aziz
ryan.aziz(o-)helixstorm.com
(951) 521-1301
Aaron Schneider
[email protected]
951-225-3491
Helixstorm
27238 Via Industria
Temecula, CA 92590
(888) 434-3549

Page 8 ends

w e m a k e I T e a s i e r f o r y o u

INTRODUCTION
Helixstorm has the capability to be the single source for building integrated IT solutions for The City of Temecula. Helixstorm focuses on core hardware and software products that are combined with a unique consulting methodology to deliver a solution tailored to the customer's requirements.

Finally, Helixstorm's goal is to develop a solid working relationship and a familiarity with The City of Temecula's computing environment and associate requirements in order to validate the solution.

Helixstorm is in a singular position to provide the best possible solution in continuing support of this mission -critical environment.

The combination of these factors, combined with strategic pricing initiatives, makes Helixstorm uniquely qualified to provide the design, consulting, and implementation of this infrastructure solution for The City of Temecula.

Helixstorm is pleased to provide this statement of work, under which Helixstorm will provide Datacenter Support Services described herein. This Statement of Work is effective as of %EFFECTIVEDATE% (the Effective Date).

Objective
Update The City of Temecula's primary infrastructure to protect against a digital disaster by implementing immutable backups and the ability to restore operations within 24 hours. Protect against a physical disaster by setting up a secondary site in Denver, CO that will be operational within 48 hours.

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Luc makc IT casicr for you_
Helixstorm — Professional Services
The advantage of using Helixstorm Professional Services is proven by the successful implementations and satisfactory reviews received from its nationwide customer base. This success is attributed to key deliverables that go above and beyond basic installations:

Project Management
Overseeing the services installation from conception to finality, Helixstorm assigns a project manager as the customer's single point of contact and first escalation point. In addition, the project manager has the support of a Services Resource Coordinator and the VP of Professional Services as escalation points.

Project Management services are comprised of coordination of all correspondence and status meetings, verifying shipping accuracy, coordinating various resources required to complete the installation, and providing escalation management.

Design Services and Pre -installation Planning
Design Service and Pre -install Planning provide a thorough understanding between Helixstorm and The City of Temecula on the Final accepted solution. Helixstorm welcomes customer input and feedback in this phase of the process. Final acceptance and sign -off from the customer is required to proceed to the next stage.

Knowledge Transfer
Helixstorm consultants take the time to go over the functionality of each piece of newly installed hardware. While this orientation does not take the place of any formal training, it provides a comfort level for your staff to begin usage of the systems from day one.

Documentation
Helixstorm Consultants will deliver at the conclusion of your project, documentation to be used to reference and maintain your systems. The documents contain detailed installation procedures executed during the installation of servers, as well as diagrams and system outputs proven beneficial to the administration of the machines.

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w E m a k e IT E a s i e r for you

SERVICE DESCRIPTION AND DELIVERABLES
Helixstorm will perform the tasks listed in the Service Deliverables section. A brief description of these tasks includes:

Install and configure the following equipment:

Primary Site (City Hall)
• (6) HPE DL360 Gen10 Servers
• (2) 10GbE Modules in existing 5406 core switch
• (1) Alletra 6050
• (2) Mellanox SN2010m iSCSI switches
• (1) HPE 5260 Storeonce
Secondary Site (Denver)
• (4) HPE DL360 Gen10 Servers
• (2) Palo Alto 440 Firewalls
• (1) Alletra 5030
• (2) Mellanox SN2010m iSCSI switches
• (1) HPE 5260 Storeonce
Helixstorm Services Deliverables
Pre -Installation Tasks
• Project Preparation
• Internal Kickoff
• Customer Kickoff
• Design, Preparation and Planning (including customer input) o Server Host Placement
o Storage Array Placement
o iSCSI Switches
o Veeam
o VMware
o Backup Target
o Migration
Phase 1(Primary Site) (200 Hours)
Infrastructure Installation
• Physical Equipment Logistics
• Inventory equipment
• Rack equipment per design
• Cable equipment per design

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w E m a k e IT E a s i e r for you
Retrofit Existing Core Network
• Install 10GbE modules into 2 x HPE Aruba 5406 z12 switches • Install transceivers
• Assist with point-to-point installation from contracted provider Install and Configure dHCI Infrastructure
• Ensure fan kits and power supplies are installed, seated, and functioning per manufacturer specifications
• Cable power supplies to balance the load between existing A&B PDUs. • Install and configure 6 x HPE DL Gen10 Servers into rack • Cable 2 x 25GbE ports per dHCI node to each SN2010m switch • Cable 2 x 10GbE ports per dHCI node to each module on core switch • Use temporary VMware Enterprise Plus keys (will migrate City owned keys from old environment once data migration is complete)
• Upgrade vSphere 6 license keys to vSphere 7
• Register dHCI with HPE InfoSight
HPE Mellanox SN2010m iSCSI Switches (Qty 2)
• Install and configure 2 x Mellanox SN2010m iSCSI switches • Cable 2 x 1GbE management ports on SN2010m to existing 2 x 1GbE ports on core switch
• Create 100GbE trunk between 2 x SN2010m iSCSI switches • Install 8 x SFP+ transceivers into each iSCSI switch
• Create new vLAN on each switch
o iSCSI—A
o iSCSI_B
o Management
o Create counters for iSCSI network
o Label all ports
Install and configure 1 x HPE Alletra 6050 Storage Array • Install and cable Alletra 6050
• Connect 4 x 1GbE management/replication to core network • Connect 4 x 25GbE iSCSI cables to SN2010m iSCSI switches • Initialize and name Alletra (out of box procedure)
• Configure management/replication ports
• Configure iSCSI ports
• Create hosts and host sets

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w E m a k E IT easier for y o u
• Create volumes (LUNs)
• Map volumes to host/host sets
VMware vSphere 7.x
• Prepare ESX host servers
• Install HPE OEM build of VMware ESXi 7.x operating system on each dHCI node • Install new instance VMware vCenter Standard 7.x
• Configure VMware vCenter
• Configure distributed switching
• Install and configure vSphere Enterprise Plus licensing • Configure all management and server vLANs on virtual switches • Configure iSCSI network on virtual switches
Backup Target
• Install and configure Veeam Proxy/Transport
• Install and configure StoreOnce
• Integrate into data and iSCSI networks
• Create retention policies and backup jobs based on requirements • Configure backup jobs to support all migrated virtual machines from old environment
• Test Backup/Restore
Phase 2 (Secondary Site) (165 Hours)
Infrastructure Installation
• Physical Equipment Logistics
• Inventory equipment
• Rack equipment per design
• Cable equipment per design
Install and Configure Firewalls
• Install and configure 2 x Palo Alto 440 firewalls
• Connect firewalls to SN2010m
• Setup IP scheme for all vlans and traffic
• Install and configure all licenses
• Configure datacenter WAN uplink
• Configure point-to-point uplink (replication traffic) • Test routing of equipment through datacenter WAN uplink Install and Configure dHCI Infrastructure

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• Ensure fan kits and power supplies are installed, seated, and functioning per manufacturer specifications
• Cable power supplies to balance the load between existing A&B PDUs. • Install and configure 4 x HPE DL360 Gen10 Servers into rack • Cable 2 x 25GbE ports per dHCI node to each SN2010m switch • Cable 2 x 10GbE ports per dHCI node to each module on core switch • Use temporary VMware Enterprise Plus keys (will migrate City owned keys from old environment once data migration is complete)
• Upgrade vSphere 6 license keys to vSphere 7
• Register dHCI with HPE InfoSight
HPE Mellanox SN2010m iSCSI Switches (Qty 2)
• Install and configure 2 x Mellanox SN2010m iSCSI switches • Cable 2 x 1GbE management ports on SN2010m to existing 2 x 1GbE ports on core switch
•
Create 100GbE trunk between 2 x SN2010m iSCSI switches
•
Install 8 x SFP+ transceivers into each iSCSI switch
•
Create new vLAN on each switch
o iSCSI_A
o iSCSI B
o Management
o Server vLAN(s)
o Create counters for iSCSI network
o Label all ports
Install and configure 1 x HPE Storage Array
•
Install and cable storage array
•
Connect 4 x 1GbE management/replication to core network •
Connect 4 x 25GbE iSCSI cables to SN2010m iSCSI switches •
Initialize and name storage array (out of box procedure) •
Configure management/replication ports
•
Configure iSCSI ports
•
Create hosts and host sets
•
Create volumes (LUNs)
•
Map volumes to host/host sets
VMware vSphere 7.x
• Prepare ESX host servers
• Install HPE OEM build of VMware ESXi 7.x operating system on each dHCI node

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• Install new instance VMware vCenter Standard 7.x
• Configure VMware vCenter
• Configure distributed switching
• Install and configure vSphere Enterprise Plus licensing • Configure all management and server vLANs on virtual switches • Configure iSCSI network on virtual switches
Backup Target
• Install and configure Veeam Proxy/Transport
• Install and configure StoreOnce
• Integrate into data and iSCSI networks
Phase 3 (80 Hours)
Integrate Primary and Secondary sites
• Test point-to-point network connectivity
• Configure array -based replication using a test LUN and test server • Test bringing the server online in the secondary site • Validate test server in secondary site routes traffic through datacenter WAN link • Test failover from primary sit to secondary site
• Send a Veeam copy job to secondary site and bring servers online • Test backup immutability
Phase 4 (110 Hours)
Data Migration
• Validate dHCI environment is on the same management network as existing environment • Validate Storage vMotion is functioning correctly
• 100% of the migration will occur over the network
• Migrate non -mission critical virtual machines from legacy c7000 and 3par to dHCI infrastructure
• Ensure test migration is successful before proceeding on the remainder of the virtual machines
Retrofit Nimble arrays with iSCSI cards
• Install (1) dual/quad port iSCSI card in each Nimble array • Shutdown the virtual machines running on the volumes presented over fiber channel. • Remove them from vCenter inventory
• Unmount the volumes presented to ESXi servers over fiber channel • Mount the volumes to dHCI over iSCSI
• Add virtual machines into vCenter inventory
• Power virtual machines on

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Phase 5
VMware Upgrade from vSphere 7.0.3 Update 3 to vSphere 8 • Upgrade vCenter at primary and secondary site
• Upgrade 6 dHCI nodes to vSphere 8 at primary site
• Upgrade 4 dHCI nodes to vSphere 8 at secondary site
• Upgrade VMware tools and virtual hardware on all virtual servers Phase 6 (160 Hours)
VMware Horizon Infrastructure
• Setup new VMware Horizon 8 infrastructure
• Install and configure redundant UAGs
• Install and configure redundant connection servers
• Install and configure licensing and additional items
• Install and configure App Volumes/DEM
• Install and configure WS1 and IDMC
• Install and configure SQL Server
• Configure and update desktop pools, desktops, assignments and entitlements as needed
• Decommission VMware Horizon 7 environment.

Phase 7 (40 Hours)
Decommission Legacy Chassis and 3par
• Ensure all data has been evacuated from legacy infrastructure • Delete all LUNs and power off 3par
• Power off blade servers and chassis
• Decommission and power off existing Fiber Channel switches • Present a quote for removal and a -waste
Phase 8 (40 Hours)
Training and Documentation
• Provide systems documentation
• Provide turnover training

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IMPLEMENTATION APPROACH
Helixstorm will utilize a multi -phased approach to deploy the entire solution. Project Management occurs throughout the project.

These phases are outlined as follows:

Phase
Activities
Analysis and Design / Project Kickoff
I Project Initiation
Duration of this phase is dependent on equipment
Customer Kickoff
lead times and customer scheduling
Facilities confirmation (Power, Climate,
Network)
Project Plan
Design document
Project Installation
Services Deliverables and Installation Tasks
Knowledge Transfer/Documentation
Walk through basic functionality and
administration of installed equipment and
services.

Project Closure and Signoff
Completion / Project Acceptance

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ROLES & RESPONSIBILITIES
Resources
Helixstorm will provide day-to-day project management for the overall implementation activities to ensure work is completed in accordance with project objectives. Helixstorm anticipates involvement by the following team members:
❑ Project Manager
❑ Technical Consultant(s)
The City of Temecula Resources & Obligations
Helixstorm assumes that The City of Temecula will provide a part-time, day-to-day project point -of - contact person who will be Helixstorm primary contact and liaison. This person is solely responsible for all critical and non -critical engagement tasks including, but not limited to, the following:
❑ Scheduling meetings & interviews with The City of Temecula personnel ❑ Reserving The City of Temecula facilities (conference rooms, labs, etc.) ❑ Providing all requisite documentation and diagrams
❑ Providing any necessary escalation activity
❑ Reviewing & agreeing to all Customer Acceptance Criteria specified Assumptions

1. The City of Temecula is responsible for procuring all required Microsoft OS licensing and media

2. The City of Temecula will provide VPN access to the environment to enable Helixstorm to perform remote services should they be necessary after the initial onsite implementation

3. The City of Temecula will provide the appropriate amount of network connections

4. The legacy infrastructure (SAN and servers) must have a valid support contract with the manufacturer

5. Must have a valid and functional backup of each server before migration services commence

6. Only the gold image will be transferred to the new environment. No updates or modifications will be performed to the gold image. Any application that is not installed on the gold image that needs to be added will require a change in scope form.

7. All hardware and software must be under a valid support contract and eligible for upgrade.

8. Administrative credentials to all network resources will be provided and stored securely in Helixstorm's provided information management system.

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PRICING'
Pricing
Pricing is a fixed price contract; the price is preset and invariable and covers the scope and assumptions as described above.

Element
Price
Implementation Services —fixed fee and includes project management $200,000
Travel and Expenses
$5,000
Total
$ 205,000
Payment Terms
Purchase — Services
o The City of Temecula has taken out a lease and will make a single payment, per year, to Hewlett Packard Enterprise Financial Services. The payment will be due on June 1.

Travel and Expenses
Travel and expenses are included within the scope of the statement of work to cover airfare, hotel, transportation, and meals when implementing the secondary site in Colorado.

Project Acceptance
Upon completion of all Helixstorm tasks and deliverables contained in the SOW, Helixstorm will provide The City of Temecula with a Project Delivery Acceptance Form (DAF) for signature. The City of Temecula will have 30 business days to return the signed DAF or a written response notifying Helixstorm of any outstanding or incomplete Helixstorm task or deliverables. If The City of Temecula fails to respond after 30 business days Helixstorm shall deem the project accepted by The City of Temecula. 1 Pricing is valid through May 31, 2023

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Project Change Control Procedure
• Any changes in the scope of work as defined in this document shall require a revised Statement of Work or an authorized Project Change Request and may result in changes to the project schedule, customer responsibilities or other terms of this SOW. • In the event a change order is required to properly complete the project that was not already specified under the scope of work, a Change Order Request shall be submitted along with the additional scope of work and amounts required to complete the work. The Change Order Request shall be agreed and approved by both parties and signed by Customer's Commercial Department. The Change Order Request will include but is not limited to:
a.

Date of requested Change
b.

Scope of Work
C.

Deliverables
d.

Number of Hours
e.

Price
f.

Completion Date
• If the change order is for a significant amount of work, anew Statement of Work maybe required at a fixed cost to be agreed by both parties.

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CUSTOMER ACCEPTANCE
This Proposal, including any exhibits and appendices, constitutes the entire agreement between Helixstorm and The City of Temecula, and supersedes any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder.

Signature
Signing below indicates The City of Temecula's acceptance of this Proposal.

Helixstorm
The City of Temecula
Signature:

Signature:

Name:

Title:

Date:

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WvM

LIMITATIONS
Upon depletion of consulting time identified in this document, completion of tasks outlined, or written request by the customer to terminate this agreement, this consulting engagement shall be considered complete.

Limitation of Liability (HELIXSTORM) - TOTAL LIABILITY TO CUSTOMER OR TO ANY THIRD PARTY UNDER

THIS AGREEMENT FOR ANY CAUSE WHATSOEVER IS LIMITED TO THE AMOUNT ACTUALLY PAID BY

CUSTOMER UNDER THIS AGREEMENT, OR CHARGED TO THE CUSTOMER, FOR THE SERVICES THAT GAVE RISE TO SUCH LIABILITY. HELIXSTORM SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR SIMILAR DAMAGES INCLUDING, WITHOUT

LIMITATION, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF DATA, OR FOR THE EXCESS COST OF

REPLACEMENT SERVICES AND THE LIKE, EVEN IF HELIXSTORM HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH DAMAGES.

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City Hall
ESXi servers uplink back to
IOGbps core
Physical Veeam Proxy
(6) DL360 GenlO
dHCI servers for ESXi
SN2010m Switches - iSCSI
Alletra 6050
Storeonce 5260 with
(2) Upgrade Kits -
384TB
Databank (Denver)
1100 Mbps Internet
®M 1(2) PAN Firewall -440
(4) DL360 GenlO
dHCI servers for ESXi
® ® I IsN201 Om all network traffic
Alletra 5030
0 24TB Flash
:jd replication 126TB Disk
Backup Copy Job_► ' HPE Storeonce 5260
192TB Upgrade Kit
Point -to -Point
250Mbps F""

Page 1 ends

DATABANK

1. The Master Service Agreement ("MSA") between DataBank Holdings Ltd. or its applicable "Local Entity" (collectively "DataBank") is hereby incorporated into this Order Form and made a part thereof, and Customer and DataBank agree to be bound as if such MSA were fully set forth herein. DataBank may assign or delegate its performance under this Order Form, including through the assignment or delegation to a "Local Entity". Such Local Entity will perform the Services in accordance with, and subject to, the terms and conditions of this Order Form and the MSA. DataBank may act as agent for such Local Entity, and in such capacity will invoice Customer for Services rendered, manage Service delivery hereunder and may exercise and enforce other rights on behalf of such Local Entity. "Local Entity" means a partnership, corporation, or other legal entity that now or in the future, directly or indirectly controls, is controlled with or by or is under common control with DataBank and such legal entity is authorized to provide the applicable Services. For purposes of the foregoing, "control" means, with respect to: (a) a corporation, the ownership, directly or indirectly, of fifty percent (50%) or more of the voting power to elect directors thereof and (b) any other entity, fifty percent (50%) or more ownership interest in said entity, of the power to direct the management of such entity.

2. Unless otherwise stated elsewhere in the MSA or this Order Form, upon the expiration of the initial term of this Order Form, the term of this Order Form will continue automatically for additional terms equal to the initial term (each a "Renewal Term") unless Customer or DataBank notifies the other party in writing at least ninety (90) days prior to the end of the then -current term, that it has elected to terminate this Order Form, in which case this Order Form shall terminate at the end of such term.

3. In support of DataBank meeting the target Service Commencement Date provided by DataBank, Customer specifically acknowledges that Customer is responsible for performing its obligations specified in this Order Form and the MSA ("Customer Requirements"). Customer acknowledges that any delay in Customer providing such Customer Requirements may delay DataBank from completing work at any location. In the event that Customer has not provided the Customer Requirements in time to allow DataBank to complete work at any location on or before the target Service Commencement Date, then DataBank may continue with any remaining acceptance procedures within DataBank's control and deem the Services delivered and accepted upon notice to Customer. The date of such notice to Customer shall be the Service Commencement Date.

MASTER SERVICES AGREEMENT
THIS MASTER SERVICES AGREEMENT (the "MSA") between DataBank Holdings Ltd., a Texas limited partnership with offices at 400 South Akard, Suite 100, Dallas, Texas 75202 ("DataBank") and a corporation with offices at ("Customer") is made effective as of the date indicated below the Customer signature on the initial Order Form submitted by Customer and accepted by DataBank.

ARTICLE 1 —INTRODUCTION

1.2 Definitions. Capitalized terms used and not elsewhere defined in this MSA, have the meanings given them in Schedule A to this MSA.

ARTICLE 2 — DELIVERY OF SERVICES AND TERM

Billing for individual Services will begin as set out on the applicable Order Form. If no time is set out on an Order Form, billing will begin on the Service Commencement Date.

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2.2 Term of Services
(a) Commencement of Initial Term. The term for each Service will commence on the Service Commencement Date and continue for the Initial Term.
(b) Renewal Terms. Each Service will continue automatically for additional terms equal to the Initial Term ("Renewal Term") unless Customer or DataBank notifies the other party in writing at least ninety (90) days prior to the end of the Initial Term or a Renewal Term, as applicable, that it has elected to terminate such Service, in which case such Service shall terminate at the end of such term. The termination of any Service will not affect Customer's obligations to pay for other Services. Notwithstanding the foregoing, DataBank may change the term or change or increase the prices it charges Customer for any Service at any time after the Initial Term and effective ninety (90) days after providing written notice to Customer. Except as otherwise expressly provided in this MSA, DataBank is obligated to provide and Customer is obligated to pay for each Service through its Initial Term and any Renewal Term. (c) Utility Rate Increases. Customer acknowledges that DataBank may increase power charges at a rate proportional to utility rate increases during the Initial Term or any Renewal Term.

ARTICLE 3 — PAYMENT TERMS FOR FEES AND EXPENSES

3.1 Fees and Expenses. Customer will pay all fees and expenses due according to the prices and terms listed in the Order Forms.

The prices listed in the Order Forms will be increased by three percent (3%) per annum during the Initial Term indicated in the Order Forms and any Renewal Term thereof to cover increased costs associated with operating the DataBank Data Centers.

3.2 Payment Terms. On the Service Commencement Date for each Service, Customer will be billed an amount equal to all non- recurring charges indicated in the Order Form and the monthly recurring charges for the first month of the term. Monthly recurring charges for all other months will be billed in advance of the provision of Services. All other charges for Services received and expenses incurred during a month (e.g., time and materials billing fees, etc.) will be billed at the end of the month in which the Services were provided.

Payment for all fees and expenses is due within thirty (30) days from the date of each DataBank invoice ("Due Date"). All payments will be made in the United States in U.S. dollars.

3.3 Late Payments. Any payment not received within by the Due Date will accrue interest at a rate of one and one half percent (1 'h%) per month, or the highest rate allowed by applicable law, whichever is lower.

ARTICLE 4 — CONFIDENTIAL INFORMATION; INTELLECTUAL PROPERTY OWNERSHIP; LICENSE GRANTS

4.1 Confidentiallnformation
(a) Nondisclosure of Confidential Information. Each party acknowledges that it will have access to certain confidential information of the other party concerning the other party's business, plans, customers, technology, and products, and other information held in confidence by the other party ("Confidential Information"). Confidential Information will include all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential.

Confidential Information will also include, but not be limited to, DataBank Technology, Customer Technology, and the terms and conditions of this MSA and all documents incorporated by reference into this MSA. Each party agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by, or required to achieve the purposes of, this MSA, nor disclose to any third party (except as required by law or to that party's attorneys, accountants and other advisors as reasonably necessary), any of the other party's Confidential Information. Each party also agrees that it will take reasonable precautions to protect the confidentiality of the other party's Confidential Information, at least as stringent as it takes to protect its own Confidential Information. (b) Exceptions. Information will not be deemed Confidential Information under this MSA if such information: (i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly

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known or otherwise ceases to be secret or confidential, except through a breach of this MSA by the receiving party; or (iv) is independently developed by the receiving party. The receiving party may disclose Confidential Information pursuant to the requirements of a governmental agency or by operation of law or legal procedure, provided that it gives the disclosing party reasonable prior written notice sufficient to permit the disclosing party to contest such disclosure unless (i) such disclosure is prohibited by law; or (ii) a government agency requests that no disclosure be made to the disclosing parry.

4.2 Intellectual Property.
(a) Ownership. Except for the rights expressly granted in this MSA, this MSA does not transfer from DataBank to Customer any DataBank Technology, and all right, title and interest in and to DataBank Technology will remain solely with DataBank. Except for the rights expressly granted in this MSA, this MSA does not transfer from Customer to DataBank any Customer Technology, and all right, title and interest in and to Customer Technology will remain solely with Customer. DataBank and Customer each agrees that it will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the other party.
(b) General Skills and Knowledge. Notwithstanding anything to the contrary in this MSA, DataBank will not be prohibited or enjoined at any time by Customer from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of DataBank.

ARTICLE 5—DATABANK REPRESENTATIONS AND WARRANTIES

5.2 Service Warranties.
(a) Service Level Warranty. Subject to the exceptions set forth in the Service Level Agreement applicable to a specific Service, DataBank warrants that it will provide each Service at or above the service levels defined in the applicable Service Level Agreement (the "Service Level Warranty').
(b) Remedies. In the event that DataBank fails to provide a Service at the level required by the Service Level Warranty, Customer's only remedies are those set forth in the Service Level Agreement applicable to that Service (the "Remedies"). (c) Customer Must Request Remedies. In order to receive any of the Remedies, Customer must notify DataBank in writing within thirty (30) days from the time Customer becomes eligible to receive such Remedies. Failure to comply with this requirement will forfeit Customer's right to receive such Remedies.
(d) Remedies Shall Not Be Cumulative; Maximum Remedy. The Remedies set forth in each Service Level Agreement are not cumulative. The aggregate maximum Remedy for any and all failures to provide Services at the level required by a particular Service Level Agreement that occur in a single calendar month shall not exceed the maximum set forth in such Service Level Agreement. (e) Termination Option for Chronic Problems. Customer may terminate a specific Service if the Customer experiences Chronic Problems (as defined in the applicable Service Level Agreement) with such Service. Customer must provide DataBank written notice of termination for Chronic Problems as specified in the Service Level Agreement and such termination will be effective as provided in the Service Level Agreement.
(f) THE SERVICE LEVEL WARRANTY SET FORTH IN THIS SECTION 5.2 DOES NOT APPLY TO (1) ANY PROFESSIONAL SERVICES; (11) ANY SUPPLEMENTAL SERVICES; OR (III) ANY SERVICES THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL WARRANTY (AS STATED IN THE SERVICE LEVEL AGREEMENTS FOR SUCH SERVICES). (g) System Maintenance. Except for Emergency Maintenance, in the event DataBank determines that it is necessary to perform maintenance that has the potential for Service to be interrupted for the performance of system maintenance, DataBank will notify Customer ten (10) days prior to the performance of such maintenance and will schedule such maintenance during non -peak hours (midnight to 6:00 A.M. local time). In no event shall interruption for system maintenance constitute a failure of performance by DataBank. (h) Software License. Any third party software license provided to Customer is provided with "Restricted Rights" applicable to private and public licensees, including restrictions on use, duplication or disclosure by the U.S. Government as set forth in this Agreement and as provided in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.

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(i) Third Party Solutions. Customer agrees and acknowledges that Customer may purchase, install or utilize certain third party applications, products, services, or software ("Third Party Solutions") through DataBank with the Services. These Third Party Solutions are provided to Customer "AS IS" and are governed by the third party's own terms of service (including any required payments) and privacy policies as set forth by that third party. DataBank does not endorse and is not responsible or liable for, directly or indirectly, and makes no representations or warranties and provides no indemnification for the services or features provided by any Third Party Solutions that Customer may choose to install, notwithstanding any language to the contrary in this Agreement, any Order Form, Statements of Work or Service Level Agreement. DataBank is not liable for Customer's reliance on the privacy practices, data security processes or other policies of such Third Party Solutions. DATABANK DOES NOT MANAGE OR PROVIDE CUSTOMER SUPPORT OR ASSISTANCE

WITH RESPECT TO THE THIRD PARTY SOLUTIONS, UNLESS PREVIOUSLY AGREED IN WRITING BY THE PARTIES, AND

DATABANK IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DAMAGES OR LOSSES ALLEGED OR CAUSED IN CONNECTION WITH THE USE OF, OR RELIANCE UPON, ANY THIRD PARTY SOLUTIONS. 0) Customer Solutions. To the extent that Customer uses its own applications, products, services, software ("Customer Solutions") in conjunction with the Services, then DataBank shall not be responsible or liable in any way for any damage or loss alleged, or caused, in connection with the use of or reliance upon of any Customer Solutions.

5.3 Service Performance Warranty. DataBank warrants that it will perform the Services in a manner consistent with industry standards reasonably applicable to the performance thereof.

5.4 No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN ARTICLE 5, THE SERVICES AREPROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. DATABANK DOES NOT MAKE, AND

HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,

TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH DATABANK WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE

ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, DATABANK CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, DATABANK DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

ARTICLE 6 — CUSTOMER REPRESENTATIONS, WARRANTIES AND OBLIGATIONS

6.1 Representations and Warranties of Customer
(a) Authority and Performance. Customer represents and warrants that (i) it has the legal right and authority to enter into this MSA and perform its obligations under this MSA, and (ii) the performance of its obligations and use of the Services (by Customer, its customers and users) will not violate any applicable laws, regulations or the Acceptable Use Policy or unreasonably interfere with other DataBank customers' use of DataBank services.
(b) Breach of Warranties. In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, DataBank will have the right, in its sole reasonable discretion, to suspend immediately any related Services if deemed reasonably necessary by DataBank to prevent any harm to DataBank and its business. DataBank will provide notice and opportunity to cure if practicable depending on the nature of the breach. Once cured, DataBank will promptly restore the Services.

6.2 Compliance with Law and Acceptable Use Policy. Customer agrees that it will use the Services only for lawful purposes and in accordance with this MSA. Customer will comply at all times with all applicable laws and regulations and the Acceptable Use Policy, as updated by DataBank from time to time at http://www.databank.com/legal/aup . The Acceptable Use Policy are incorporated into this MSA by reference. DataBank may change the Acceptable Use Policy upon fifteen (15) days' written notice to Customer. In the event that said change materially and adversely impacts Customer use or ability to use Services hereunder, then Customer may terminate the affected Service upon thirty (30) days written notice to DataBank. Customer agrees that it has received, read and understands the current version of the Acceptable Use Policy. The Acceptable Use Policy contains restrictions on Customers and Customer's users' online conduct (including prohibitions against unsolicited commercial email). Customer agrees to comply with such restrictions in accordance with the Acceptable Use Policy. Customer acknowledges that DataBank exercises no control whatsoever over the content of the information passing through Customer's sites and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and the Acceptable Use Policy.

6.3 Accesses and Security. Customer's access to the DataBank Data Centers will be limited solely to the Representatives identified by the Customer to DataBank in writing or entered by Customer into the DataBank Web Portal. If Customer is in breach under this Agreement or otherwise not in compliance with the terms of this Agreement, DataBank's prior written consent, which may be granted in DataBank's sole discretion, will be required for any such access.

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6.4 Restrictions on Use of Services. Customer shall not, without the prior written consent of DataBank, which will not be unreasonably withheld, resell the Services to any third parties.

6.5 "Distributed Denial of Service Attack" (`DDoS Attack'). DataBank shall assign Internet Protocol ("IP") address space for Customer use during the term of this Agreement. DataBank shall retain ownership of all such IP addresses at all times. Unless Customer has subscribed to DataBank DDoS Service, in the event Customer is subject to a DDoS Attack, it may be necessary to limit or stop all Customer data transfer including Null Routing of all inbound and outbound Customer internet traffic. If this occurs, DataBank will use commercially reasonable efforts to contact Customer. DataBank will attempt to limit the time in which Customer's data transfer is restricted, but this type of restriction will not be a breach of this Agreement.

ARTICLE 7 — INSURANCE

7.1 DataBank Minimum Levels. DataBank agrees to keep in full force and effect during the term of this MSA: (i) comprehensive general liability insurance in an amount not less than $2 million per occurrence for bodily injury and property damage, (ii) workers' compensation insurance including employer's liability insurance in an amount not less than $1 million per occurrence, and (iii) hired and non -owned automobile liability insurance in an amount not less than $1 million per occurrence. Where not specifically prohibited by law, all policies shall contain waiver of subrogation. DataBank agrees that it will ensure and be solely responsible for ensuring that its contractors and subcontractors maintain insurance coverage at levels no less than those required by applicable law and customary in DataBank's and its agents' industries.

7.3 Certificates of Insurance; Naming DataBank as an Additional Insured. Prior to any access of the DataBank Data Centers by any Representative or other agent or employee of Customer, Customer will (i) deliver to DataBank certificates of insurance which evidence the minimum levels of insurance set forth above; and (ii) cause its insurance providers to name DataBank as an additional insured and notify DataBank in writing of the effective date thereof.

ARTICLE 8 —LIMITATIONS OF LIABILITY

8.2 Consequential Damages Waiver. EXCEPT FOR A BREACH OF SECTION 4.1 ("CONFIDENTIAL INFORMATION") OF THIS

MSA, IN NO EVENT WILL EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL,

EXEMPLARY, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST

REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR

INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

FURTHER, NO CAUSE OF ACTION WHICH ACCRUED MORE THAN TWO (2) YEARS PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED AGAINST DATABANK.

ARTICLE 9 — INDEMNIFICATION

8.1 Indemnification. Each party will indemnify, defend and hold the other harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") resulting from any claim, suit, action, or proceeding (each, an "Action") brought by any third party against the other or its affiliates alleging (i) the infringement or misappropriation of any intellectual property right relating to the delivery or use of the Services (but excluding any infringement contributorily caused by the other party); (ii) tangible property or personal injury caused by the negligence or willful misconduct of the other party; and (iii) any violation of or failure to comply with the Acceptable Use Policy. Customer will further indemnify, defend and hold DataBank and its affiliates

Page 6 ends

harmless from and against any and all Losses resulting from or arising out of any Action (i) brought against DataBank related to Customer's breach of this MSA or any Order Form, exhibit, schedule, or addendum hereto, or (ii) brought against DataBank, its affiliatesor customers alleging any damage or destruction to the DataBank Data Centers, DataBank equipment or other customers' equipment caused by the negligence or willful misconduct of Customer, its Representatives or designees.

8.2 Notice. Each party's indemnification obligations under this MSA shall be subject to (i) receiving prompt written notice of the existence of any Action; (ii) being able to, at its option, control the defense of such Action; (iii) permitting the indemnified party to participate in the defense of any Action; and (iv) receiving full cooperation of the indemnified party in the defense thereof.

ARTICLE 10—TERMINATION

10.1 Termination by Customer For Cause. If DataBank fails to perform a particular Service under this MSA and does not remedy such failure within thirty (30) days following written notice from Customer (or such additional time which may be reasonably necessary to remedy such failure), Customer may terminate such Service without any further obligation to DataBank except for the payment of accrued but unpaid charges. If DataBank is unable to provide Service for thirty (30) consecutive days due to a Force Majeure event as defined in Section 11.1, Customer may terminate the affected Service without liability.

Customer acknowledges that DataBank will suffer damages if a Service is terminated prior to the expiration of the InitialTerm or any Renewal Term as the case may be and that the aforementioned payment is a genuine pre -estimate of liquidated damages that DataBank will suffer and not a penalty.

10.3 Termination by DataBank. DataBank may terminate this MSA or any Service with no further liability if (i) Customer fails to make payment as required under this MSA and such failure is uncorrected for ten (10) calendar days following written notice from DataBank, or (ii) Customer fails to perform any other material obligation under this MSA and does not remedy such failure within thirty (30) days following written notice from DataBank or (iii) Customer files for bankruptcy or reorganization (voluntary or involuntary) (hereinafter collectively referred to as "Customer Default'). In the event of a Customer Default, DataBank shall have the right to: (i) suspend Service to Customer; (ii) cease processing or accepting orders for Service; and/or (iii) terminate this MSA or any Service. If DataBank terminates this MSA due to a Customer Default, Customer shall remain liable for all charges outlined in Section 10.2 herein. Customer agrees to pay DataBank's reasonable expenses (including attorney and collection agency fees) incurred in enforcing DataBank's rights in the event of a Customer Default. It is the express intent and understanding of the parties that, this MSA and Service Orders hereunder being one integrated agreement and not separate, severable contracts, Customer's rights to early termination of any Service is not a right to "reject", on an individual basis, any Service or any Service Order pursuant to federal bankruptcy laws.

10.5 No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Service or this MSA in accordance with its terms.

10.6 Effect of MSA Termination. Upon the effective date of termination of this MSA:
(a) DataBank will immediately cease providing the Services; (b) any and all payment obligations of Customer under this MSA for Services through any applicable term will immediately become due;
(c) within ten (10) days of such termination, each party will return all Confidential Information of the other party in its possession and will not make or retain any copies of such Confidential Information except as required to comply with any applicable legal or accounting record keeping requirement;
(d) Customer will pay to DataBank all expenses incurred by DataBank to return Customers' Confidential Information contained on Customer equipment or DataBank equipment, including, but not limited to, labor costs and the cost of storage media; and (e) DataBank, at its sole discretion, may remove any Customer Equipment from any DataBank facility or location where the Customer bears the cost of the removal and storage of the Equipment and risk of damage or loss related in any way to the removal of the Equipment.

10.7 Termination Assistance. Notwithstanding the provisions of Section 10.6, upon the termination of this MSA for any reason, DataBank will provide to Customer such termination assistance relating to the Services, at DataBank's then current standard rates, as may be reasonably requested in writing by Customer. DataBank's obligation to provide assistance pursuant to this Section 10.7 is limited to a period of fifteen (15) days (the "Assistance Period"). Customer will pay DataBank, on the first day of the Assistance Period and as a condition to DataBank's obligation to provide termination assistance to Customer during the Assistance Period, an amount equal to DataBank's reasonable estimate of the total amount payable to DataBank for such termination assistance for the Assistance Period.

Page 7 ends

10.8 Survival. The following provisions will survive any expiration or termination of this MSA: Articles 3, 8, 9, 10 and 11 (excluding Section 11.2) and Sections 4.1, 4.2, and 5.4.

ARTICLE 11 —MISCELLANEOUS PROVISIONS

11.2 No Lease; MSA Subordinate to Master Lease. This MSA is a services agreement and is not intended to and will not constitute a lease of any real property. Customer acknowledges and agrees that (i) it has been granted only a license to use the DataBank Data Centers in accordance with this MSA; (ii) Customer has not been granted any real property interest in the DataBank Data Centers; and (iii) Customer has no rights as a tenant or otherwise under any real property or landlord/tenant laws, regulations, or ordinances.

11.3 Marketing. During the term of this MSA DataBank shall not publicly refer to Customer orally or in writing without the prior written consent of Customer, however, Customer agrees that DataBank may refer to Customer in communications with DataBank's bankers, accountants, and other service providers to the extent reasonably necessary.

11.5 Non -Solicitation. During the Term of this MSA and continuing through the first anniversary of the termination of this MSA, Customer agrees that it will not, and will ensure that its affiliates do not, directly, solicit for employment any persons employed by DataBank.

11.6 No Third Party Beneficiaries. DataBank and Customer agree that, except as otherwise expressly provided in this MSA, there shall be no third party beneficiaries to this MSA, including but not limited to the insurance providers for either party or the customers of Customer.

11.7 Governing Law; Dispute Resolution. This MSA and the rights and obligations of the parties created hereby will be governed by and construed in accordance with the internal laws of the State of Texas without regard to its conflict of law rules and specifically excluding from application to this MSA that law known as the United Nations Convention on the International Sale of Goods. The parties will reasonably endeavor to settle amicably by mutual discussions any disputes, differences, or claims whatsoever related to this MSA. Failing such amicable settlement, any controversy, claim, or dispute arising under or relating to this MSA, including the existence, validity, interpretation, performance, termination or breach thereof, shall finally be settled by a confidential arbitration in accordance with the Arbitration Rules (and if Customer is a non-U.S. entity, the International Arbitration Rules) of the American Arbitration Association ("AAA").

There will be three (3) arbitrators (the "Arbitration Tribunal'), the first of which will be appointed by the claimant in its notice of arbitration, the second of which will be appointed by the respondent within thirty (30) days of the appointment of the first arbitrator and the third of which will be jointly appointed by the party -appointed arbitrators within thirty (30) days thereafter. The language of the arbitration shall be English. The Arbitration Tribunal will not have the authority to award punitive damages to either party and shall be further limited by the terms of this MSA. Each party shall bear its own expenses, but the parties will share equally the expenses of the Arbitration Tribunal and the AAA. This MSA will be enforceable, and any arbitration award will be final, and judgment thereon may be entered in any court of competent jurisdiction. The arbitration will be held in Dallas, Texas, USA. Notwithstanding the foregoing, claims for preliminary injunctive relief, other pre -judgment remedies, and claims for Customer's failure to pay for Services in accordance with this MSA may be brought in a state or federal court in the United States with jurisdiction over the subject matter and parties.

11.8 Severability. In the event any provision of this MSA is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this MSA will remain in full force and effect.

11.9 Waiver. The waiver of any breach or default of this MSA, or the failure to exercise any right provided for in this MSA, will not constitute a waiver of any subsequent breach, default or right, and will not act to amend or negate the rights of the waiving or non - exercising party.

11.10 Assignment. Customer may assign this MSA in whole as part of a corporate reorganization, consolidation, merger, sale of all or substantially all of its assets, or transaction or series of related transactions that results in the transfer of fifty percent (50%) or more of the outstanding voting power of Customer, provided that any such assignee agrees to be bound by the terms and conditions of this Agreement. Customer may not otherwise assign its rights or delegate its duties under this MSA either in whole or in part without the prior written consent of DataBank, and any attempted assignment or delegation without such consent will be void. DataBank may assign this MSA in whole or part. DataBank also may delegate the performance of certain Services to third parties, including DataBank's wholly owned subsidiaries. This MSA will bind and inure to the benefit of each party's successors and permitted assigns.

Page 8 ends

of the receiving party as listed on the Order Form or at such other address as may hereafter be furnished in writing by either party to the other party. Such notice will be deemed to have been given as of the date it is delivered, mailed, or sent, whichever is earlier.

11.15 Counterparts and Originals. This MSA may be executed in counterparts, which together shall constitute a single agreement.

11.16 Amendments. This MSA may be amended or changed only by a written document signed by authorized representatives of DataBank and Customer in accordance with this Section 11.16.

11.17 Interpretation of Conflicting Terms. In the event of a conflict between or among the terms in this MSA, the Service Level Agreements, the Order Forms, Statements of Work and any other document made a part hereof, the documents shall control in the following order: the Order Form with the latest date, Statements of Work, the Service Level Agreements, this MSA and other documents.

Page 9 ends

CUSTOMER:

Signature:_
Print Name:

Title:

Date:

DATABANK:

Signature: _
Print Name:

Title:

Date:

This Master Services Agreement incorporates the following documents when applicable:
• Service Orders
• Service Level Agreements
• Statements of Work
• Schedule A - Definitions

Page 10 ends

DATABANK
MASTER SERVICES AGREEMENT SCHEDULE A —DEFINITIONS
The following defined terms are equally applicable in their singular and plural forms:
a) "Acceptable Use Policy" means the DataBank general Acceptable Use Policy governing Customer's use of Services, including, but not limited to, online conduct, and the obligations of Customer and its Representatives in the DataBank Data Centers and available at http://www.databank.com/legal/aup .
b)"Customer Equipment" or "Equipment" means computer and telecommunications equipment, or other such supporting equipment owned by Customer and placed in DataBank Data Center. c) "Customer Technology" means Customer's proprietary technology, including Customer's Internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Customer or licensed to Customer from a third party) and also including any derivatives, improvements, enhancements or extensions of Customer Technology conceived, reduced to practice, or developed during the term of this MSA by Customer.
d) "DataBank Data Center" means any of the facilities used by DataBank to provide the Services. e) "DataBank Technology" means DataBank's proprietary technology, including DataBank Services, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by DataBank or licensed to DataBank from a third party) and also including any derivatives, improvements, enhancements or extensions of DataBank Technology conceived, reduced to practice, or developed during the term of this MSA by either party that are not uniquely applicable to Customer or that have general applicability in the art. f) "Distributed Denial of Service Attack" means a cyber-attack in which the perpetrator seeks to make a machine or network resource unavailable to its intended users by disrupting services of a host connected to the internet. g) "Emergency Maintenance" is maintenance activities that are unscheduled to correct an emergency needed to prevent injury, loss of property, or return an asset to services in DataBank's sole discretion. h)"Initial Term" means the minimum term for which DataBank will provide the Services to Customer, as indicated on the Order Forms.
i) "Order Form" means any of the forms specifying the Services, and the term and prices of such Services, to be provided by DataBank to Customer that are submitted by Customer and accepted by DataBank, including any Statement of Work attached thereto. j) "Null Routing" means the act of implementing a command on a firewall or network equipment to drop packets originating or terminating to a specific IP address or range of addresses. k) "Professional Services" means any professional or consulting service provided by DataBank to Customer as more fully described in a Statement of Work.

I) "Representatives" mean the individuals identified in writing or via the DataBank Portal that contain the names and contact information (e.g. email and telephone numbers) of Customer and the individuals authorized by Customer to enter the DataBank Data Centers.
m) "Renewal Term" means any service term following the Initial Term, as specified in Section 2.2 of the MSA. n)"Representatives" mean the individuals identified in writing or via the DataBank Portal that contain the names and contact information (e.g. email and telephone numbers) of Customer and the individuals authorized by Customer to enter the DataBank Data Centers.
o) "Services" means the specific services provided by DataBank as described on the Order Forms. p) "Service Commencement Date" means the date Service is first made available to Customer for use and Customer has not, within five (5) business days of such delivery, notified DataBank of its non -acceptance of the Service for reasons caused by DataBank. q) "Service Level Agreement" is the detailed definition of service levels that DataBank will provide to Customer for a specific Service.

Page 11 ends

r) "Service Level Warranty" is described and defined in Section 5.2 of the MSA. s) "Statement of Work" means the detailed descriptions of the Professional Services attached to Order Forms.

Page 12 ends

HELIISTORM
WE m a k E IT E a s i E P for YOU
27238 Via Industria, Temecula, CA 92590
Direct: (951) 816-6845 Mobile: (951) 816-6845
Email: [email protected]
City of Temecula
Andre Gonzalez
41000 Main Street
Temecula, CA 92590
Phone: (951) 694-6403
Email: [email protected]
Alan Roa
HPE dHCI - Production (City Hall
QUOTE
Number HLXQ5781-08
Date Mar 6, 2023
City of Temecula
Andre Gonzalez
41000 Main Street
Temecula, CA 92590
Phone: (951) 694-6403
Email: [email protected]
1 (6) dHCI Nodes with 2 Intel Xeon 5220R processors, 768GB Memory (1) Alletra 6050 Storage Array with 184TB Raw Capacity (25 GbE 10) (2) Mellanox iSCSI Switches (25GbE 10)
(1) HPE Storeonce 5260 with 384TB raw capacity
HPE NS dHCI with Alletra 6000 Config Trk
(6) HPE DL360 Gen10 8SFF NC CTO Svr
(6) Intel Xeon-G 5220R FIO Kit for DL360 G10
(6) Intel Xeon-G 5220R Kit for DL360 Gen10
(72) HPE 64GB 2Rx4 PC4-2933Y-R Smart Kit
(12) HPE 240GB SATA RI SFF SC MV SSD
(6) HPE Eth 10/25Gb 2p 631SFP28 Adptr
(6) HPE 96W Smart Stg Li -ion Batt 145mm Kit
(6) HPE Smart Array P408i-a SR Gen10 Ctrlr
(6) HPE 10/25GbE 2p FLR-SFP28 BCM957414 Adp
(6) HPE DL360 Gen10 High Perf Fan Kit
(12) HPE 80OW FS Plat Ht Pig LH Pwr Sply Kit
(6) HPE 1 U CMAfor Easy Install Rail Kit
(6) HPE 1 U Gen10 Bezel Kit
(6) OEM 1 U Non -Brand Bezel Gen 10 FIO Kit
(6) HPE Remove Standard Power Cords
(6) HPE 1 U Gen10 SFF Easy Install Rail Kit
(6) HPE NS dHCI w/Add Cust ESXi 8.0 FIO SW
(6) HPE iLO Adv Elec Lic 3yr Support
Approved By:

Ground
Net 30
$807,625.80 $807,625.80
Continued on Next Page...

Date:

GOLD

PARTNER

Page 1 of 3 ends

HPE Alletra 6050 Storage Array
HPE NS dHCI with Alletra 6050 CTO Array
HPE Alletra 6000 2x10/25GbE 2p FIO Adpr
HPE Alletra 6000 184TB 24x7.68TB FIO Bdl
(4) HPE C13 - C14 2m WW PDU FIO Pwr Cord
HPE Alletra Tier 1 Storage Array Std Trk
HPE Alletra 6000/1-1 4x160OW FIO AC PS Kit
HPE NS dHCI NOS PG ESXi 8.0 FIO SW
HPE SN2010M iSCSI Switches
(2) HPE SN2010M 18SFP28 4QSFP28 P2C Swch
(2) HPE 1000b QSFP28/QSFP28 0.5m DAC
(2) HPE SN2100M Rack Installation Kit
(18) HPE 25Gb SFP28 to SFP28 3m DAC
HPE Storeonce 5260 with 384TB Raw Capacity
HPE StoreOnce 5260 Base System
HPE StoreOnce Gen4+ 10/25Gb 2p SFP Adptr
HPE StoreOnce Gen4 10/25Gb SFP Card LTU
(2) HPE StoreOnce 5260/5660 192TB Upg LTU
(2) HPE StoreOnce 5260/5660 192TB Upg Kit
HPE StoreOnce Encryption E-LTU
HPE DL360 Gen10 Server (Physical Veeam Proxy)
HPE DL360 Gen10 $12,786.95 $12,786.95
(2) Intel 421OR Xeon Processors
128GB Memory
Dual port 10GbE card
Dual port 25GbE card
iL0 Advanced Licensing
HPE DL360 Gen10 8SFF CTO Server
Intel Xeon-S 421 OR FIO Kit for DL360 G10
Intel Xeon-S 421OR Kit for DL360 Gen10
(4) HPE 32GB 2Rx4 PC4-2933Y-R Smart Kit
(2) HPE 960GB SATA MU SFF SC MV SSD
HPE Eth 10/25Gb 2p 631SFP28 Adptr
HPE 96W Smart Stg Li -ion Batt 145mm Kit
HPE Smart Array P408i-a SR Gen10 Ctrlr
HPE 10/25GbE 2p FLR-SFP28 BCM957414 Adp
HPE Raid 1 Drive 1 FIO Setting
(2) HPE 80OW FS Plat Ht Plg LH Pwr Sply Kit
HPE 1U Gen10 Bezel Kit
HPE iLO Adv 1-svr Lic 3yr Support
HPE DL360 Gen10 High Perf Heat Sink Kit
Approved By:

Continued on Next Page...

Date:

GOLD

PARTNER

Page 2 of 3 ends

HPE 1 U Gen10 SFF Easy Install Rail Kit
MS WS22 16C Std Add Lic WW SW
HPE 5YTech Care Essential wDMR SVC
HPE Tech Care Essential Support - 24/7 4-hour response $281,735.30 $281,735.30 (891) 5-year Subscription
(7) HPE iLO Advanced Non Blade Support
(2) HPE SN201 OM 25GbE Switch Support
(7) HPE DL360 Gen10 Support
HPE One View w/o Ilo Support
HPE StoreOnce 5260 Base System Supp
(2) HPE StoreOnce 52/5660 192TB Upg Kit Supp
HPE Std-16C Add 16C Support
HPE Alletra 6000 2x10/25GbE 2p Kit Supp
HPE Alletra 6050 Base Array Supp
HPE Alletra 6000 AF184TB7.68 Flash Supp
Network Req to Connect dHCI to Existing Core Network
2 Required networking equipment needed to connect the dHCI nodes to the core network $25,866.40 $51,732.80 HP 5406R 16SFP+ v3 A2 Swch
(16) Aruba 10G SFP+ LC SR 300m MMF XCVR
(16) HP 5m Multi -mode OM3 LC/LC FC Cable
iSCSI cards for existing Nimble Arrays
2 (2) quad port 10GbE cards, installation, and support $10,941.00 $21,882.00 HPE Nimble Storage Card Cage 2x1OGbE 4-port Adapter Field Upgrade HPE Tier 1 Storage Array Upg Startup SVC
HPE NS 2x10GbE 4p Adptr Supp
Cabinet, PDU, and Cable Management
1 APC by Schneider Electric NetShelter SX Enclosure Rack Cabinet - 45U Rack Height x $2,550.00 $2,550.00 19" Rack Width - Black - 2250 lb Dynamic/Rolling Weight Capacity - 3000 lb Static/Stationary Weight Capacity
2 APC by Schneider Electric NetShelter 9000 24-Outlet PDU - Switched - NEMA L6-30P - 21 $1,175.00 $2,350.00 x IEC 60320 C13/C15, 3 x IEC 60320 C19/C21 - 230 VAC - Network (RJ-45) - OU - Vertical - Rack -mountable - Tower
1 APC by Schneider Electric Vertical Cable Manager for NetShelter SX 750mm Wide 48U $339.99 $339.99 (Qty 2) - Cable Pass -through - Black - 1 Pack - 48U Rack Height 3 PANDUIT PatchLink Horizontal Cable Manager - Cable Manager - Black - 1 U Rack Height $66.94 $200.82 - 19" Panel Width
Quote valid for 30days SubTotal $1,181,203.66
Tax $71,268.89
Tax and shipping will be assessed on invoice
All services are an estimate and a formal Statement of Work is required when applicable Shipping $3,000.00 Total $1,255,472.55
Approved By:
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Date:

Page 3 of 3 ends

HELIISTORM
WE m a k E IT E a s i E P for YOU
27238 Via Industria, Temecula, CA 92590
Direct: (951) 816-6845 Mobile: (951) 816-6845
Email: [email protected]
City of Temecula
Damion Patrick
41000 Main Street
Temecula, CA 92590
Phone: (951) 308-6300
Email: [email protected]
it
Alan Roa
Disaster Recovery Site dHCI
HPE NS dHCI w/Alletra 5000 BC Trk
(4) HPE DL360 Gen10 8SFF NC CTO Svr
(4) Intel Xeon-G 5220R FIO Kit for DL360 G10
(4) Intel Xeon-G 5220R Kit for DL360 Gen10
(48) HPE 64GB 2Rx4 PC4-2933Y-R Smart Kit
(8) HPE 240GB SATA RI SFF SC MV SSD
(4) HPE Eth 10/25Gb 2p 631SFP28 Adptr
(4) HPE 96W Smart Stg Li -ion Batt 145mm Kit
(4) HPE Smart Array P408i-a SR Gen10 Ctrlr
(4) HPE 10/25GbE 2p FLR-SFP28 BCM957414 Adp
(8) HIDE 80OW FS Plat Ht Plg LH Pwr Sply Kit
(4) HPE 1 U Gen10 Bezel Kit
(4) HPE 1 U Gen10 SFF Easy Install Rail Kit
(4) HIDE NS dHCI w/ Add Cust ESXi 7.0 FIO SW
(4) HPE 10 Adv Elec Lic 3yr Support
(8) HPE 1.83m 10AC13 UK Pwr Cord
HPE SN2010M iSCSI Switches
(2) HPE SN2010M 18SFP28 4QSFP28 P2C Swch
(16) HPE X120 1 G SFP RJ45 T Transceiver
(2) HPE 100Gb QSFP28/QSFP28 0.5m DAC
(14) HPE 25Gb SFP28 to SFP28 3m DAC
Approved By:

QUOTE
Number HLXQ5782-03
Date Jan 30, 2023
City of Temecula
Damion Patrick
41000 Main Street
Temecula, CA 92590
Phone: (951) 308-6300
Email: Dam ion. [email protected]
Ground I Net 30
$320,479.06 $320,479.06
Continued on Next Page...

Solution Pr—id.r
Date:

Page 1 of 3 ends

HPE Alletra 5000 Storage Array
HPE INS dHCI w/ Alletra 5030 CTO Array
HPE INS 2x25GbE 2p SFP28 FIO Adptr Kit
(2) HPE Alletra 5000 11.52TB FIO Cache Bdl
(2) HPE INS AS3112 to C13 AU FIO Power Cord
HPE Alletra 5000 126TB SAS FIO HDD Bdl
HPE Alletra Tier 1 Storage Array Std Trk
HPE INS dHCI NOS PG for ESXi 7.0 FIO SW
HPE Storeonce 5260 with 192TB Raw Capacity
$0.00 $0.00
HPE StoreOnce 5260 Base System
HPE StoreOnce 5260/5660 192TB Upg LTU
HPE StoreOnce 5260/5660 192TB Upg Kit
HPE Eth 10/25Gb 2p 631SFP28 Adptr
HPE 10/25GbE 2p FLR-SFP28 BCM957414 Adp
(2) HPE SN2100M Rack Installation Kit
HPE StoreOnce Encryption E-LTU
HPE 5YTech Care Essential wDMR SVC
$152,587.05 $152,587.05
HPE Alletra 5030 SW/Sup 5yr SaaS
HPE 10Advanced Non Blade Support
HPE Alletra 5030 CTO Base Array Supp
HPE Alletra 5000 126TB SAS HDD Bdl Supp
(2) HPE Alletra 5000 11.52TB FIOCachBdl Supp
(4) HPE iLO Advanced Non Blade Support
(2) HPE SN2010M 25GbE Switch Support
(4) HPE DL360 Gen10 Support
HPE StoreOnce 5260 Base System Supp
HPE StoreOnce 52/5660 192TB Upg Kit Supp
(2) HPE Installation Comm Svrs Hourly SVC
HPE StoreOnce 5200 Stup SVC
(2) HPE Training Credits for Storage SVC
Palo Alto 440's
Redundant Firewalls with software licensing and support $6,300.00 $6,300.00 (2) Palo Alto Networks PA-440
Rack mountable trayfor up to two PA-440, PA-450, or PA-460 firewalls and 4 power adapters mounted in a 19 in equipment rack
(2) PA-440, Professional Subscription Bundle (Threat Prevention, Advanced URL Filtering, Wildfire, DNS Security and SDWAN), 1 year (12 months) term (10) PA-440, Partner enabled premium support, 1 year (12 months), term.

Approved By:

Continued on Next Page...

Date:

GOLD

PARTNER

Page 2 of 3 ends

tDescription
Quote valid for 30 days SubTotal $479,366.11
Tax $25, 778.18
Tax and shipping will be assessed on invoice
All services are an estimate and a formal Statement of Work is required when applicable Shipping $2,000.00 Approved By:
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GOLD
�A RTNE�2
Date:

Page 3 of 3 ends

0 HewlettPackard
Enterprise
Hewlett Packard Enterprise Financial Services
An HPE Company
200 Connell Drive
Berkeley Heights, NJ, 07922
March 15, 2023
Hewlett Packard Enterprise Financial Services Company is pleased to provide City of Temecula with the following proposal for a possible lease/financing transaction with HPEFS subject to the terms of this letter.

Lessor: Hewlett Packard Enterprise Financial Services Company Lessee: City of Temecula
Supplier/Vendor: HELIXSTORM
Lease Plan/Type: Installment Sale / $1 Buy Out
Lease Term/Term (in months): 60mo
Equipment:

Payment Structure:

Rate Expiration
Net Lease:

See HELIXSTORM Quote
Total Financed: $2,168,500.00
Annual Pmt
$489,044.09
Rate:

6.39%
5/31 /2023
Lessee shall be responsible for any and all taxes, fees, maintenance, insurance, registration and other fees and charges relating to the purchase, lease, ownership, possession and use of the Equipment.

End of Lease Term Options: FMV Purchase Option (applicable only if Lease Plan above is FMV purchase option):

Upon expiration of the original FMV lease term, Lessee may exercise the following options:
a) Continue to lease on a month -to -month basis
b) Renew and extend lease at a reduced rate
c) Request a Fair Market Value buyout from HPEFS
d) Return the equipment to HPEFS
$1.00 Purchase Option (applicable only if Lease Plan above is $1.00 purchase option): Upon expiration of the $1.00 Buyout lease term. Lessee may purchase the equipment for $1.00 Documentation:

All documentation to be provided by HPEFS, and is subject to the parties' agreement on mutually acceptable terms and conditions.

Confidentiality:

This letter is delivered to you with the understanding that neither this letter nor its substance shall be disclosed by Lessee to any third party.

Basis of Proposal:

This letter is a proposal for discussion purposes only and does not represent either an offer or a commitment of any kind on the part of HPEFS. It does not purport to be inclusive of all terms and conditions that will apply to a leasing transaction between us. Neither party to the proposed transaction shall be under any legal obligation whatsoever until, among other things, HPEFS has obtained all required internal approvals (including credit approvals) and both parties have agreed upon all essential terms of the proposed transaction and executed mutually acceptable definitive written documentation. This proposal can be modified or withdrawn by HPEFS at any time.

Either party may terminate discussions and negotiations regarding a possible transaction at any time, without cause and without any liability whatsoever.

Expiration Date:

If HPEFS does not receive the executed Lease Agreement by the Quote Expiration, rates may be subject to change.

Sincerely,

HEWLETT PACKARD ENTERPRISE FINANCIAL SERVICES COMPANY
HPEFS FAM: Ryan Magers Customer:

E-mail: ryan.ma£[email protected] Print Name:

Phone: 505 206 0896 Signature:

City of Temecula

Item No. 10

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Betsy Lowrey, Assistant to the City Manager
DATE: November 28, 2023
SUBJECT: Approve First Amendment to Community Reinvestment Program Funding to California State University San Marcos for Facility Improvements at Mount San Jacinto College, Temecula Valley Campus
RECOMMENDATION: That the City Council:

1. Approve the first amendment to Community Reinvestment Program funding to California State University San Marcos for facility improvements at Mount San Jacinto College, Temecula Valley Campus; and

2. Authorize the City Manager to execute related amendment(s) or agreements.

BACKGROUND: On February 22, 2022, the City Council established the COVID-19 Pandemic Community Reinvestment Program to account for various community reinvestment grants to be established by the City Council. This included an effort to support the comprehensive higher education facility located in the City of Temecula.

On March 8, 2022, and on November 15, 2022, the City Council approved grant funding for Mount San Jacinto College (MSJC) Temecula Valley Campus in the amount of $500,000 and for California State University San Marcos (CSUSM) in the amount of $500,000 for a total of $1,000,000 to be allocated towards higher education within the City of Temecula.

MSJC now wishes to designate their portion of CRP funding of $500,000 to CSUSM towards tenant improvements (classroom space) at the MSJC Temecula Valley Campus. This project will continue the expansion of a comprehensive world class higher educational complex in the City of Temecula that provides diverse career educational programs including 4-year degree programs through CSUSM. MSJC owns the facility and this $500,000 reallocation of grant funding will allow CSUSM to expand unfinished space to increase academic programs that support the business and economic development in the region and provide necessary tools for residents to secure quality employment. Architectural plans are anticipated to be complete in December 2023 and it is estimated the cost will be close to $12,000,000. Facility enhancements include a 22,000 square foot tenant improvement of the 2nd floor at the MSJC Temecula Valley Campus Tower B.

FISCAL IMPACT: A total of $1,000,000 is already appropriated in the COVID-19 Community Reinvestment Program budget and allocated towards higher education.

ATTACHMENTS: 1. First Amendment

2. MSJC Letter of Request

00004024
FIRST AMENDMENT TO "COMMUNITY REINVESTMENT IN

TEMECULA GRANT PROGRAM --GRANT AGREEMENT BETWEEN

THE CITY OF TEMECULA AND CALIFORNIA STATE UNIVERSITY
SAN MARCOS AT TEMECULA"
THIS FIRST AMENDMENT TO "COMMUNITY REINVESTMENT IN

TEMECULA GRANT PROGRAM --GRANT AGREEMENT BETWEEN THE CITY OF

TEMECULA AND CALIFORNIA STATE UNIVERSITY SAN MARCOS AT
TEMECULA" is made and entered into as of November 28, 2023, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and The Trustees of the California State University on behalf of California State University San Marcos (CSUSM), a California State University (hereinafter referred to as "University"). In consideration of the promises and mutual agreements herein contained, the parties hereto agree as follows:

1. Recitals. This First Amendment is made with respect to the following facts and purposes:

A. On February 1, 2023, the City and University entered into that certain agreement entitled "Community Reinvestment in Temecula Grant Program --Grant Agreement between the City of Temecula and California State University San Marcos at Temecula" ("Agreement").

B. The Parties now wish to increase the grant funds available to the University pursuant to this Agreement.

2. Increase of Grant Funds. Section 2.A. of the Agreement is hereby amended to read as follows:
162. AWARD OF COMMUNITY REINVESTMENT IN
TEMECULA GRANT; CONDITIONS OF GRANT.
"A. The City hereby agrees to pay to the University the sum of One Million dollars and No Cents ($ 1,000,000.00) as a grant pursuant to the Community Reinvestment in Temecula Grant Program subject to and in accordance with the conditions and covenants set forth in this Agreement (`Grant Funds')."

3. Distribution of Grant Funds. Section 2.1).1), if the Agreement is hereby amended to read as follows:
"2. AWARD OF COMMUNITY REINVESTMENT IN
TEMECULA GRANT; CONDITIONS OF GRANT.
"D. The Grand Funds shall be distributed as follows:
-1-
11086-0001 \2822877v I. doc

"1) Grant Funds shall be processed upon execution of this First Amendment and verification of insurance documentation."

4. Signing Authority. The person or persons executing this First Amendment on behalf the City or University warrants and represents that he or she has the authority to execute this Agreement on behalf of the City or University and has the authority to bind City or University to the performance of its obligations hereunder.

5. No Other Changes. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year first above written.

CALIFORNIA STATE UNIVERSITY SAN MARCOS
6s 10 a3
Lindsay Sorensen
Director of Procurement and Contracts

CITY OF TEMECULA
Aaron Adams
City Manager
Attest:

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

Peter M. Thorson
City Attorney
3 MS
Mt. San Jacinto College
1499 N. State Street, San Jacinto, CA 92583
June 20, 2023

BETSY LOWREY,

ASSISTANT TO THE CITY MANAGER

CITY OF TEMECULA
VIA E-MAIL: BETSY,[email protected]
Roger W. Schultz, Ph.D.

Superintendent/President
MEMORANDUM OF RECENT CONVERSATIONS BETWEEN MT. SAN JACINTO COMMUNITY COLLEGE

DISTRICT (MSJC) & CITY OF TEMECULA
Dear Betsy,
Board of Trustees
Tom Ashley
Vicki Carpenter
Jhalister Corona
Joshua Rivera
Brian Sylva
MSJC requests City of Temecula provide its proposed $500,000 earmarked for MSJC directly to California State University San Marcos (CSUSM) in pursuit of CSUSM's tenant improvements to MSJC's Temecula Valley Campus (TVC) Building B. In addition to moving MSJC closer to its goal of creating a campus that embodies synergies between our 2-year college and 4-year university partners to form a higher education complex for the Temecula region, opportunities for joint use of specialized spaces created as part of CSUSM's tenant improvements provides an opportunity for MSJC to further expand its career educational programs at the site. We see this investment in CSUSM in conjunction with other funding sources they are marshalling to build an enduring presence at TVC as providing improvements far more valuable to MSJC and the region than a $500,000 stand-alone contribution.

Respectfully,
Jeannine Stokes,
Vice President of Human Resources
cc: Roger Schultz, Superintendent/President; MSJC
Brandon Moore, Vice President of Institutional Effectiveness; MSJC Michael Beckham, Interim Executive Dean of Institutional Effectiveness; MSJC Aaron Adams, City Manager; City of Temecula
Godfrey Gibbison, Dean of Extended Learning & Associate Vice President for International Programs; California State University San Marcos
Attachment: MSJC CSUSM Email 06 02 2023
San Jacinto Campus
Menifee Valley Campus
San Gorgonio Pass Campus
Temecula Valley Campus
1499 N State Street
28237 La Piedra Road
3144 W Westward Avenue
41888 Motor Car Parkway
San Jacinto, CA 92583
Menifee, CA 92584
Banning, CA 92220
Temecula, CA 92591
951 487.6752
951.672,6752
951.922.1327
951 672 6752

From: Betsy Lowrey
Sent: Friday, June 2, 2023 4:22 PM
To: Michael Beckham
Cc: Aaron Adams; Roger Schultz; Christine Damko
Subject: RE: Virtual Introduction to work on transitioning dollars to CSUSM project in Temecula Hi Michael —
Thank you for your call and information. We appreciate your collaboration with CSUSM, and the ever expanding educational programs, 2-year college and 4-year university opportunities, and creative joint uses that MSJC continues to bring to this world class Temecula Valley Campus,
We'll bring this request/modification forward to City Council, and keep you posted.

Thank you,
Betsy Lowrey
Assistant to the City Manager
City of Temecula
(951) 693-3959
betsyt.lawre TemeculaCA. cv
TemeCulaCA.go_v
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the Califomia Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

From: Michael Beckham
Sent: Friday, June 2, 2023 3:44 PM
To: Betsy Lowrey
Cc: Aaron Adams ; Roger Schultz
Subject: RE: Virtual Introduction to work on transitioning dollars to CSUSM project in Temecula CAUTION: This email'originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Betsy,
Thank you for making the time to chat with me by telephone earlier this afternoon — I appreciate it! Here is a recap of the salient points we discussed:

MS1C requests City of Temecula provide its proposed $500k earmarked for MSJC directly to CSUSM in pursuit of CSUSM's tenant improvements to MSJC's Temecula Valley Campus (TVC) Building B. In addition to moving MSJC closer to its goal of creating a campus that embodies synergies between our 2-year college and 4-year university partners to form a higher education complex for the Temecula region, opportunities forjoint use of specialized spaces created as part of CSUSM's tenant improvements provides an opportunity for MSJC to further expand its career educational programs at the site. We see this investment in CSUSM in conjunction with other funding sources they are marshalling to build an enduring presence at TVC as providing improvements far more valuable to MSJC and the region than a $500k stand-alone contribution,
Best wishes to you and the entire City of Temecula team for a fantastic weekend,

Item No. 11

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: November 28, 2023
SUBJECT: Approve Second Amendment to Agreement with Falcon Engineering Services, Inc. for On -Call Construction Management Services
PREPARED BY: Julie Tarrant, Principal Management Analyst Tammy Petricka, Administrative Assistant
RECOMMENDATION: That the City Council approve the second amendment to the agreement with Falcon Engineering Services, Inc. for on -call construction management services, to increase payment in the amount of $500,000, for a total agreement amount of $1,500,000.

BACKGROUND: On July 13, 2021, the City Council approved the On -Call Construction Management Services Agreement with Falcon Engineering Services, Inc., in the amount of $ 1,000,000. On July 12, 2023, the First Amendment extended the term of the agreement to June 30, 2024. The Second Amendment will provide for additional construction support services for any on -going and new capital projects. Falcon Engineering Services, Inc., has provided construction management services for a variety of projects for the Department of Public Works CIP Division, including the Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and French Valley Parkway, Phases I and II, and continue to provide exemplary services.

Staff therefore recommends approval of the Second Amendment in the amount of $500,000, for a total agreement value of $1,500,000.

FISCAL IMPACT: There is no fiscal impact associated with the approval of the amendment. Funds to support any service implemented under the agreement will come from approved CIP or operating budgets.

ATTACHMENTS: Second Amendment

SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND FALCON ENGINEERING SERVICES, INC.

ON -CALL CONSTRUCTION MANAGEMENT SERVICES
(AGREEMENT NO.2021-153)
THIS SECOND AMENDMENT is made and entered into as of November 28, 2023 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Falcon Engineering Services, Inc., a Corporation (hereinafter referred to as "Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

This Amendment is made with the respect to the following facts and purposes:
a. On July 13, 2021, the City and Consultant entered into that certain Agreement entitled "Agreement for On -Call Construction Management Services", in the amount of $1,000,000.00.
b. On July 1, 2023, the City and Consultant entered into the First Amendment to extend the term of the Agreement to June 30, 2024.

C. The parties now desire to increase the Agreement in the amount of $500,000.00 and to amend the Agreement as set forth in this Amendment.

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

The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Five Hundred Thousand Dollars and Zero Cents ($500,000.00), for a total Agreement amount of One Million Five Hundred Thousand Dollars and Zero Cents.

3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021

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

CITY OF TEMECULA
By:

Zak Schwank, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney
FALCON ENGINEERING SERVICES, INC.
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign
the agreement on behalf of the corporation.)
By:

By:

Maha Faqih, P.E., President
Wael Faqih, P.E., Vice President

CONSULTANT
Falcon Engineering Services, Inc.

Attn: Wael Fagih
41593 Winchester Road, Suite 120
Temecula, CA 92590
(951)768-9419
wfagi [email protected]
08/09/2021

Item No. 12

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: November 28, 2023
SUBJECT: Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program — Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road, PW21-10
PREPARED BY: Nino Abad, Senior Civil Engineer
Chris White, Associate Engineer II
RECOMMENDATION: That the City Council:

Accept the construction of the Pavement Rehabilitation Program — Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road, PW21-10, as complete; and

2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and

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

BACKGROUND: On October 11, 2022, the City Council awarded a construction contract to All American Asphalt in the amount of $3,629,219 and authorized the City Manager to approve construction contract change orders not to exceed the contingency amount of $362,921.90.

On January 24, 2023, the City Council increased the City Manager's authority to approve construction contract change orders by $913,000 for a total not to exceed contingency amount of $1,275,921.90. This increase allowed the project to include an additional segment of Nicolas Road from North General Kearny Road to Joseph Road.

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

All American Asphalt has completed the work in accordance with the approved specifications and

to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one year from October 18, 2023, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107.

The base amount of the construction contract was $3,294,717.10. Three (3) construction contract change orders were issued totaling $1,275,921.90. The final cost of the project totaled $4,570,639.00.

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

ATTACHMENTS: 1. Notice of Completion

2. Maintenance Bond

3. Contractor's Affidavit and Final Release

RECORDING REQUESTED BY
AND RETURN TO:

CITY CLERK

CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590

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

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

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

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

3. The Nature of Interest is a Contract which was awarded by the City of Temecula to All American Asphalt, 400 East Sixth Street, Corona, CA 92879 to perform the following work of improvement:

PAVEMENT REHABILITATION PROGRAM- CITYWIDE, YNEZ ROAD, SOLANA

WAY, NICOLAS ROAD AND WINCHESTER ROAD
Project No. PW21-10

4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on November 28, 2023. That upon said contract the Fidelity and Deposit Company of Maryland was surety for the bond given by the said company as required by law.

5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows:

PAVEMENT REHABILITATION PROGRAM- CITYWIDE, YNEZ ROAD, SOLANA

WAY, NICOLAS ROAD AND WINCHESTER ROAD
Project No. PW21-10

6. The location of said property is: Ynez Road, Solana Way, Nicolas Road and Winchester Road, Temecula, California.

Dated at Temecula, California, this 28' day of November, 2023.

City of Temecula
Randi Johl, City Clerk

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council.

Dated at Temecula, California, this 28th day of November, 2023.

City of Temecula
Randi Johl, City Clerk

Premium Included in Performance Bond
Executed in: 2 Counterparts
c;-Ua2- a-1'1

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO. 7669148

MAINTENANCE BOND
for
PAVEMENT REHABILITATION PROGRAM — CITYWIDE, YNEZ ROAD,

SOLANA WAY, NICOLAS ROAD AND WINCHESTER ROAD
PROJECT NO. PW21-10

KNOW ALL PERSONS BY THESE PRESENT THAT
All American Asphalt - 400 East Sixth Street, Corona, CA 92879

NAME AND ADDRESS OF CONTRACTOR
a C❑i poration (hereinafter called "Principal"), and
(fill in whether a Corporation, Partnership, or Individual) Fidelity and Deposit Comoanv of Maryland - 777 S. Figueroa Street Suite 3900, Los Angeles, CA 90017

NAME AND ADDRESS OF SURETY
(hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called `Owner") in the penal sum Of Four Hundred Fifty Seven Thousand Sixty Three DOLLARS AND 90/100 CENTS ($ 457,063.90 ) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 7th day of Dctober 2022 a copy of which is hereto attached and made a part hereof for the construction of PAVEMENT

REHABILITATION PROGRAM - CITYWIDE, YNEZ ROAD, SOLANA WAY, NICOLAS ROAD AND WINCHESTER ROAD, PROJECT NO. PW21-10.

WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 18th day of October , 2023
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void.

MAINTENANCE BOND MB-1

As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications.

Signed and sealed this 18th day of October , 2023 .
(Seal)
SURETY: Fidelity and Deposit Company of Maryland
Rebecca Haas -Bates
(Name)
Attorney -in -Fact
(Title)
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney
PRINCIPAL: All American Asphalt
By:
(Name)
ice
(Title)
By:
/, ` i G " t li"G rIE: G S
(Name)
Sec%c-I-&r,-1
(Title)
NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures.

MAINTENANCE BOND MB-2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached_ and not the truthfulness. accuracv. or validitv of that document.

State of California
County of Riverside
On October 24, 2023 before me, Sarah Amanda LangleyTNotaU Public Date Here Insert name and Title of the Officer
personally appeared Edward J. Carlson and Michael Farkas Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument SARAH AMANDA LANGLEY and acknowledged to me that #she/they executed the same in Notary Public • California hisrgeF/their authorized capacity(ies), and that by hWheF/their x = - Riverside County signature(s) on the instrument the person(s), or the entity upon behalf Commission # 2337877 of which the person(s) acted, executed the instrument.

My Comm. Expires Nov 20, 2024
I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.

WITNESS hand and offs ial seal.

Signattt
Place Notary Seal Above Signaturn of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Title or Type of Document Maintenance Bond
Document Date: 10/18/2023 Number of Pages: 3
Signer(s) Other Than Named Above: Rebecca Haas -Bates, Attorney in Fact Capacity(ies) Claimed by Signer(s)
Signer's Name: Edward J. Carlson
❑ Individual
X Corporate Officer— Title(s): Vice President
❑ Partner ❑ ❑ Limited ❑ General

RIGHT MUMBPRINT
❑ Attorney in Fact OF
❑ Trustee Top of thumb here
❑ Other
Signer is Representing:

Signer's Name: Michael Farkas
❑ Individual
X Corporate Officer — Title(s): — Secretary
❑ Partner ❑ ❑ Limited ❑ General
❑ Attorney in Fact
rT.pfthumbl
❑ Trustee
❑ Other:

Signer is Representing:

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
County of Orange }
On 10/18/2023 before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer
personally appeared .Rebecca Haas -Bates
NameKof Signer(*
Who proved to me on the basis of satisfactory evidence to be the person* whose name4 ls/afo subscribed to the within instrument and acknowledged to me that /she/titer executed the same in Ns/her/thair authorized capacity), and that by his/herANt r sig nature�4on the instrument the person(),, or the entity upon behalf of which the personK acted, executed the instrument. •� ALMA KAREN HERNANDEZ
r Notary Public • California
Orange County
Commission li 2390908
•p "� My Comm. Expires Jan 16, 2026
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature. _ -Z - --- r-=
Signature of Notary Public
r-

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Maintenance Bond No. 7669148 Document Date: 10/18/2023 Number of Pages: Two 2 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s)
Signer's Name: ,Rebecca Haas f3atcs
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual W Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing:

Fidelity and De2osit Company of Maryland
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other: _
Signer Is Representing:
©2014 National Notary Association • www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907

EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time.

CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force.

This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.

RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 18th day of October 2023 .
,�ueulrrr
,,�.001rrrr'1"" ••�P' 1MSf� rr¢ ,t�0.L5llll Ofl1/�rlr
�aS ��Y a�v y a q?� .....,•, �.'�a1t Corry
PSEALm n$ SEALm _ a 0SEAL :
rr frrrrfelllllRP1�+• '+rrrryrlllrl 5��,•,• +'"4rrylI I111H15�ti��•• Thomas O. McClellan
Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION

OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:

Zurich Surety Claims
1299 Zurich Way
Schaumburg, EL 60196-1056
re ortsfclaurg rurichna.com
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Richard ADAIR, Rebecca HAAS-BATES of Irvine, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I Ith day of October, A.D. 2023. ,,ssn-11.1d rrr �nirmnirryr rnianrrr
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'ygnq�,g„H'p�M1l�r��,� IrpgHul��lid�aa, ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this I lth day of October, A.D..2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.

Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.

Genevieve M. Maison
GENEVIEVE M. MAISON
ucry°o-

NOTARY PUBLIC
-

BALTIMORE COUNTY, MD
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Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790

Premium Included in Performance Bond
Executed in: 2 Counterparts

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO. 7669148

MAINTENANCE BOND
for
PAVEMENT REHABILITATION PROGRAM — CITYWIDE, YNEZ ROAD,

SOLANA WAY, NICOLAS ROAD AND WINCHESTER ROAD
PROJECT NO. PW21-10

KNOW ALL PERSONS BY THESE PRESENT THAT
All American Asphalt - 400 East Sixth Street, Corona, CA 92879

NAME AND ADDRESS OF CONTRACTOR
a Corporation (hereinafter called "Principal"), and
(fill in whether a Corporation, Partnership, or Individual) Fidelity and Deposit Company of Maryland - 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 9001_7_

NAME AND ADDRESS OF SURETY
(hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of Four Hundred Fifty Seven Thousand Sixty Three DOLLARS AND 90/100 CENTS ($ 457,063.90 ) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 7th day of October 2022 a copy of which is hereto attached and made a part hereof for the construction of PAVEMENT

REHABILITATION PROGRAM - CITYWIDE, YNEZ ROAD, SOLANA WAY, NICOLAS ROAD AND WINCHESTER ROAD, PROJECT NO. PW21-10.

MAINTENANCE BOND MB-1

Signed and sealed this lsth day of October 2023
(Seal)
SURETY: Fidelity and Deposit Company of Maryland
Rebecca Haas -Bates
(Name)
Attorney -in -Fact
(Title)
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney
PRINCIPAL: All American Asphalt
By:�_��
�afGl.L� ✓G! J . /J or
(Name)
V f'Ct
(Title) y
By:
(Name)
Sec�..e_
(Title)
NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures.

MAINTENANCE BOND MB-2

State of California
County of Riverside
on October 24, 2023
Date
before me, Sarall Amanda Lanky, Notary Public
Here Insert name and Title of the Officer
personally appeared Edward J. Carlson and Michael Farkas Name(s) of Signer(s)

SARAN AAANDA LANGLEY
Notary Public - California
Rlverside County
Ccimgssioft p 2337877
My Comm. Expires Nov 20, 202A
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ite/they executed the same in 4isN /their authorized capacity(ies), and that by hisl#er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESSAIy hand and official seal
Signotu W/
Place Notary Seal Above Slpnalure of N ry Public

Description of Attached Document
Title or Type of Document Maintenance Bond
Document Date: 10/18/2023
Number of Pages
3 Signer(s) Other Than Named Above: Rebecca Haas -Bates, Attorney in Fact Capacity(ies) Claimed by Signer(s)
Signer's Name: Edward J. Carlson
❑ Individual
X Corporate Officer — Title(s): Vice President
❑ Partner ❑ ❑ Limited ❑ General
RIGH,r THUMBPRINT
❑ Attorney in Fact OF SIGNER
❑ Trustee Top of thumb here
❑ Other
Signer is Representing:

Signer's Name: Michael Farkas
❑ Individual
X Corporate Officer — Title(s): Secretary_
❑ Partner ❑ ❑ Limited ❑ General
❑ Attorney in Fact
Top of Mthumb h
❑ Trustee
❑ Other:

Signer is Representing:

State of California
County of Orange
On 10/18/2023 before me, Alma Karen Hernandez, Notary Public Date
personally appeared Rebecca Haas -Bates
Here Insert Name and Title of the Officer
NameKof SignerN
who proved to me on the basis of satisfactory evidence to be the person* whose name(. is/a4e subscribed to the within instrument and acknowledged to me that + Wshe/they executed the same in ftis/herd authorized capacity, and that by IhWherltfw�r- signature�4on the instrument the person(.,, or the entity upon behalf of which the personN acted, executed the instrument.

Qpmy
ALMA KAREN 8ERNANDET
Notary Public - California
Orange County
Commission Y 2390908
Comm. Expires Jan 16, 2026
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ----Y-
Signature of Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Maintenance Bond No. 7669148 Document Date: 10/18/2023 Number of Pages: Two 2 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual W Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing:

Fidelityand Deposit Company ol'.Maryland
Signer's Name:.- _
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907

EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys- in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time.

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 18th day of October . 2023 .
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Thomas 0. McClellan
Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION

OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:

Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
reportsfelaims rr.zurichna.com
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I Ith day of October, A.D. 2023. 5,,µrnurnrn ,,,,rrnr+rry„ w5"nrrrp
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ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 1 Ith day of October, A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.

Genevieve M. Maison
iir r
GENEVIEVE M. MAISONa

NOTARY PUBLIC
UBL1� !tea
BALTIMORE COUNTY. MD
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Commission Ex iros JANUARY 27. 2025
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for
PAVEMENT REHABILITATION PROGRAM — CITYWIDE, YNEZ ROAD,

SOLANA WAY, NICOLAS ROAD AND WINCHESTER ROAD
PROJECT NO. PW21-10
This is to certify that Sarah Langley
(hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PAVEMENT

REHABILITATION PROGRAM - CITYWIDE, YNEZ ROAD, SOLANA WAY, NICOLAS ROAD AND WINCHESTER ROAD, PROJECT NO. PW21-10, situated in the City of Temecula, State of California, more particularly described as follows:

Pavement Rehabilitation Program Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road

ADDRESS OR DESCRIBE LOCATION OF WORK
The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor.

Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts:

Description Dollar Amount to Dispute
A// D
Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above.

CONTRACTOR:

Dated: 10/18/2023 By: Aw
,;i
Signature
Sarah Langley -Credit Manager
Print Name and Title
RELEASE R-1

Item No. 13

ACTION MINUTES

TEMECULA COMMUNITY SERVICES DISTRICT MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
NOVEMBER 14, 2023

COUNCIL MEMBER CURTIS BROWN

TO PARTICIPATE ELECTRONICALLY
VIA ZOOM FROM: SHERATON MAUI
2605 KAANAPALI PARKWAY
LAHAINA, MAUI, HI 96761
CALL TO ORDER at 7:02 PM: President James Stewart
ROLL CALL: Alexander, Brown (virtual), Kalfus, Schwank, Stewart CSD PUBLIC COMMENTS -None

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

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

15. Approve Action Minutes of October 24, 2023
Recommendation:

That the Board of Directors approve action minutes of October 24, 2023.

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTORS REPORTS

CSD ADJOURNMENT
At 7:06 PM, the Community Services District meeting was formally adjourned to Tuesday, November 28, 2023 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

James Stewart, President
ATTEST:

Randi Johl, Secretary
[SEAL]

Item No. 14

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: November 28, 2023
SUBJECT: Introduce Ordinance Amending Title 5 and 17 of the Temecula Municipal Code Making Various Technical Revisions
PREPARED BY: Mark Collins, Assistant Planner
RECOMMENDATION: That the City Council introduce an ordinance entitled:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLES 5 AND 17 OF THE

TEMECULA MUNICIPAL CODE MAKING MINOR

REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY

DWELLING UNIT, HOME OCCUPATION PERMITS, AND

TEMPORARY USE PERMIT REGULATIONS, ESTABLISH

BATTERY STORAGE AND SHIPPING CONTAINER

STANDARDS, CLARIFY THE PERMITTED USES ALLOWED

IN THE OPEN SPACE -CONSERVATION DISTRICT, MODIFY

THE DEFINITION OF SPECIALTY MARKET AND

RESTAURANT, ADD DEFINITION FOR HEALTH AND

EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS

AND MAKE A FINDING OF EXEMPTION UNDER

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES SECTION 15061 (13)(3)

SUMMARY OF
ORDINANCE: The proposed ordinance would make amendments to Titles 5 and 17 of the Temecula Municipal Code. Listed below is a summary of the proposed changes to the Municipal Code, each of which is discussed in greater detail in the analysis section, which follows:

1. Massage Appeals — Modify the amount of time that a hearing officer has to render their decision regarding a massage establishment permit appeal.

2. Temporary Use Permit (TUP) — Add an exemption for public agencies' events that do not require public road closures or impact traffic on public streets.

3. Home Occupation Permit — Limit the number of vehicles dedicated to the home occupation business.

4. Residential Districts — Make a correction to note 12 of the table and add note 12 reference for certain animal uses.

5. Development Standards Residential Districts — Amend the table to show private open space is measured in square feet (d).

6. Schedule of Permitted Uses Commercial/Office/Industrial Districts — Add yoga studios as a permitted/conditionally permitted use.

7. Commercial/Office/Industrial Districts — Add a requirement that all staircases for all new commercial, office, or industrial buildings shall be internalized.

8. Performance Standards Commercial/Office/Industrial Districts — Prohibit security bars on the exterior of buildings.

9. Development Standards Commercial/Office/Industrial Districts Table A — Correct a discrepancy regarding the Floor Area Ratio (FAR).

10. Development Standards Commercial/Office/Industrial Districts Table B — Correct a discrepancy regarding the Floor Area Ratio (FAR).

11. Alcoholic Beverage Sales — Correct the type of Alcoholic Beverage Control (ABC) License required for Restaurants.

12. Storage/Shipping Containers — Add development standards for storage/shipping containers used in both a residential and commercial setting.

13. Battery Storage — Add development standards for commercial battery storage.

14. Open Space Schedule of Permitted Uses — Remove riding stables and shooting galleries as permitted uses in Open Space (OS) and Open Space — Conservation (OS-C) Zoning Districts.

15. Accessory Dwelling Unit (ADU) — Correct an error for detached ADU's related to setback requirements.

16. Accessory Dwelling Unit (ADU) Add separation requirement between an ADU and the primary residence.

17. ADU Addressing —Codify City Council Resolution No. 2023-28.

18. Definitions — Modify the definition of "Specialty Market".

19. Definitions — Add a definition for "Health and Exercise Club".

BACKGROUND: The City of Temecula City Council adopted the Municipal Code in January 1990. Since its adoption, the City Council has periodically made amendments to various sections of the Code to improve its clarity, make corrections and implement state law. The proposed amendments to the Temecula Municipal Code include amendments to Title 5 (Business Licenses and Regulations) and Title 17 (zoning).

Pursuant to Government Code Section 65800, the Planning Commission is required to review and make recommendations to the City Council regarding zoning regulations and amendments to Title 17 Zoning (Development Code) of the Temecula Municipal Code. The changes to Title 5 (Business Licenses and Regulations) of the Temecula Municipal Code of the proposed ordinance fall outside the purview of the Planning Commission, in that it is not an amendment to Title 17. However, staff felt it was important for the Planning Commission to review these proposed changes as this proposed ordinance will impact massage establishments appeal processes in the future. The item was presented at a public hearing to the Planning Commission on November 1, 2023 and was recommended for adoption with a 5-0 vote.

City staff met with the City Council General Plan Update Ad Hoc Subcommittee on October 10, 2023. (Mayor Pro Tern James Stewart and Councilmember Jessica Alexander).

ANALYSIS
Outlined below is the explanation for the proposed amendments:

Massage — Appeal Section 5.22.140(D
The proposed ordinance would amend the amount of time a hearing officer has to render their decision from ten (10) days to 30 (thirty) days. As stated during appeal hearings, the current time Game is impractical given the caseload of hearing officers and not realistic.

The increase in time would give the hearing officer adequate time to consider the case and draft their decision and is the time recommended by the Office of Administrative Hearings.

2. Temporary Use Permits — Exemptions 17.04.020
There are currently no exemptions for Temporary Use Permits. The proposed ordinance would create a Temporary Use Permit exemption for any city, state, school district, community college district, or other public agencies' event that does not require public road closures, impact traffic on public streets and is held entirely on the entity's property.

3. Home Occupation Permits — Requirements for approval 17.04.030(D The proposed ordinance would clarify that the home occupation shall permit for the maximum of two vehicles dedicated to the business, to include instances where more than one home occupation is approved for the same residence.

4. Permitted Uses — Residential Districts Table 17.06.030 The proposed ordinance would correct Note 12 to refer to Title 6 (Animals) of the municipal code and add note 12 to Small animals, Poultry and Outdoor aviary which are existing animal land uses. This ordinance does not amend any animal keeping provisions.

5. Development Standards — Residential Districts Table 17.06.040 Presently, there is no unit of measure for residential private open space per unit, leading to confusion for staff and applicants. This ordinance would specify that the unit of measure is square feet with no changes to the amount of private open space required per unit.

6. Yea Studios — Commercial/Office/Industrial Districts Table 17.08.030 The proposed ordinance would add "yoga studios" to the existing land use category of "Aerobic/dance/gymnastics/jazzercise/martial arts studios" and would be permitted and conditionally permitted in the same zoning designations as these existing uses.

7. Stairs — Supplemental Development Standards 17.10.020 The proposed ordinance would add a requirement for all new commercial, office or industrial buildings that all staircases shall be internal and incorporated into the design of the building.

Security Bars — Supplemental Development Standards 17.10.020 Security bars do provide some physical protection and can act as a deterrent; however such security bars should not negatively impact the aesthetics of the building or center. The proposed ordinance would specify that all security bars installed on commercial, office or industrial buildings must be installed on the interior of the building with no evidence visible from the public right-of-way.

9. Floor Area Ratio (FAR.) — Development Standards Table 17.08.040A There is an inconsistency between the target FAR for the Professional Office Zoning Designation between the General Plan and Municipal Code. The proposed ordinance would correct Table 17.08.040A FAR from 0.50 to 0.35 creating consistency between the General Plan and Municipal Code.

10. Floor Area Ratio (FAR) —Development Standards Table 17.08.040B

There is an inconsistency between the target FAR for the Professional Office Zoning Designation between the General Plan and Municipal Code. The proposed ordinance would correct Table 17.08.040B FAR from 0.50 to 0.35 creating consistency between the General Plan and Municipal Code.

11. Alcoholic Beverage Sales — Restaurants Section 17.10.020 The proposed ordinance would correct the type of Alcoholic Beverage Control (ABC) License required for restaurants that sell distilled spirits to a Type 47 and restaurants serving only beer and wine to a Type 41. This is a typographical correct only and does not change licensing requirements for any restaurant.

12. Storage/Shipping Containers — Supplemental Development Standards Section 17.10.020 The proposed ordinance would add standards for the temporary placement of storage or shipping containers on both commercial and residential property. These standards would make such uses ancillary to the primary use and would be limited in duration.

13. Grid Scale Battery Storage — Sppplemental Development Standards Section 17.10.020 As technology evolves to meet the growing impacts of climate change, so does how electricity is generated and stored throughout the state. The smaller scale and footprint of battery storage facilities has created an environment where such facilities can be ancillary to existing uses or be standalone facilities on small parcels. These facilities tend to be unmanned and have the potential to cause impacts to surrounding uses and residents. The proposed ordinance would implement standards for grid scale battery energy storage facilities. These standards do not apply to non-commercial battery storage or residential battery storage systems.

14. Schedule of Permitted Uses — Open Space Table 17.14.030 The proposed ordinance would correct an inconsistency in the Open Space (OS) and Open Space -Conservation (OS-C) schedule of permitted uses by removing Riding Stable and Shooting galleries, ranges, archery courses as conditionally permitted uses in the OS and OS-C zoning districts as they are inconsistent with the definition of passive recreational uses allowed in the definition of the zoning districts.

15. ADU Setback — Projects exempt Building permit approval only Section 17.23.030 The proposed ordinance would correct an error in the code from stating a maximum setback of four feet from the ADU to property line is a minimum setback of four feet. These setbacks are established by state law and this change reflects the state standards for ADU setbacks which is a four foot minimum setback for ADU's.

16. Separation Clarification — General Requirements Section 17.23.040 The proposed ordinance would add a separation requirement from newly constructed detached ADU's and the primary residence of six feet, which is consistent with building and safety requirements. This standard is being added to ensure applicants are aware of the standard at the beginning of the project to eliminate potential corrections in the application review process. ADU's converted from existing structures are exempt from this standard.

17. ADU Addressing — Development Standards Section 17.23.050 The proposed ordinance would codify City Council Resolution No. 2023-28. This resolution established a procedure to address ADU and JADU's in a consistent manner to ensure timely response of emergency services as well as mail delivery.

18. Definition Clarification and Addition —Definitions 17.34.010 The proposed ordinance would modify the definition of "specialty market" to clarify the minimum square footage of the building to classify a business as a specialty market.

The proposed ordinance would add a definition for "health and exercise club". There is currently some ambiguity within the code as it relates to personal fitness, health clubs and other similar types of uses. In this case a health and exercise club is what would traditionally be a "gym" that charges a membership fee, does not cater to a specific sport or activity and may contain sauna, swimming and/or hot tub facilities.

FISCAL IMPACT: The proposed Ordinance does not have a direct fiscal impact, if adopted.

ATTACHMENTS: 1. Ordinance

2. PC Resolution No. 2023-20

3. Notice of Public Hearing

4. Notice of Exemption

ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 5 AND 17 OF THE

TEMECULA MUNICIPAL CODE MAKING MINOR

REVISIONS TO MASSAGE ESTABLISHMENT,

ACCESSORY DWELLING UNIT, HOME OCCUPATION

PERMITS, AND TEMPORARY USE PERMIT

REGULATIONS, ESTABLISH BATTERY STORAGE AND

SHIPPING CONTAINER STANDARDS, CLARIFY THE

PERMITTED USES ALLOWED IN THE OPEN SPACE -

CONSERVATION DISTRICT, MODIFY THE DEFINITION

OF SPECIALTY MARKET AND RESTAURANT, ADD

DEFINITION FOR HEALTH AND EXERCISE CLUBS,

MAKE OTHER CLERICAL REVISIONS AND MAKE A

FINDING OF EXEMPTION UNDER CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
SECTION 15061 (11)(3)

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

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

A. City staff identified the need to make minor revisions and clarifications to portions of Title 5 (Business Licenses and Regulations), and Title 17 (Zoning) of the Temecula Municipal Code.

B. As required by State law, the Planning Commission considered the proposed amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Code Amendments") on November 1, 2023, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter.

C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted PC Resolution No. 2023-20, recommending that the City Council approve the Code Amendments.

D. The City Council, at a regular meeting, considered the Ordinance on November 28, 2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter.

E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.

Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:

1. The proposed uses are allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan.

Except for the amendments pertaining to the Open Space -Conservation (OS-C) Zoning designation, none of the proposed Code Amendments change the types of uses allowed in City.

The Code Amendments remove riding stables and shooting galleries as conditionally permitted uses the OS-C zoning designation. These uses are inconsistent with the Open Space land use designation and are being removed to correct an inconsistency within the code.

2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan.

The proposed changes to Title 17 conform with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed changes modify the time the Office of Administrative Hearing has to render a decision on massage appeal is consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan, which is to ensure "Orderly, and efficient patterns of growth that enhance quality of life for Temecula residents." Implementing an Accessory Dwelling Unit (ADU) addressing policy furthers Goal 4 of the Public Safety Element of the General Plan which states, "An effective response of emergency services following a disaster." Adopting development standards for external staircases, security bars, storage/shipping containers and grid scale energy storage facilities furthers Goal 6 of the Land Use Element of the General Plan which is to ensure, "A development pattern that preserves aesthetics and enhances the environmental resources of the Planning Area." The definition modifications further clarify what use constitutes a "Specialty Market," and "Health and Exercise Club" in furtherance of Goal 5 of the Land Use Element of the General Plan which states, "A land use pattern that protects and enhances residential neighborhoods." The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and a correction of typographical edits and do not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan.

3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein.

The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments do not create or allow new uses where they were not previously allowed. Only the revisions to the Open Space -Conservation (OS-C) Zoning district impact the use of land. The Code Amendments remove riding stables and shooting galleries as permitted uses in the OS-C zoning designation.

These uses are inconsistent with the types of uses permitted in the OS-C Zoning district and are being removed to correct an inconsistency within the code. 2 Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Code Amendments would have a significant impact on the environment. The Code Amendments impose regulations on existing uses, but do not increase the intensity or density of any land use or allow any development where it was not otherwise permitted. The Community Development Director is hereby directed to file a Notice of Exemption in accordance with CEQA and the State CEQA Guidelines.

Section 4. Subsection 5.22.140(D)(6) of Section 5.22.140(D) (Appeal) of Chapter

5.22.140 (Revocation, Permit Denial and Appeal) of 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 5.22.140 remaining unchanged:
646. The hearing officer may uphold, modify or reverse the decision of the chief of police. Within ten thirty (30 days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision.

He or she shall send the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of it to the chief of police and the appellant, along with a proof of mailing."
Section 5. Subsection "G" (Exemptions) is hereby added to Section 17.04.020 (Temporary Use Permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.04.020 remaining unchanged:

G. Exemptions. The following entities or organizations are exempt from the requirements of this section:

1. City, state, federal, school district, community college district, or other public agencies' events when the events are conducted wholly on that agency's property or with the consent of another public property owner and when the events do not require public road closures or encroachment upon adjacent public streets.

Section 6. Subsection "15" (Commercial Vehicles) is hereby added to Section

17.04.030 (Home Occupation Permits.) of Chapter 17 (Awesome chapter) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.04.020 remaining unchanged:

D. Requirements for Approval, Conditional Approval or Denial of a Home Occupation Permit.
3 15. A maximum of two vehicles shall be dedicated to the home occupation. This two -vehicle limit includes instances where more than one home occupation permit is issued for the same residence.

Section 7. Table 17.06.030 (Schedule of Permitted Uses — Residential Districts) of Section 17.06.030 (Use regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.06.030 remaining unchanged:

Description of Use
Residential
Single-family detached
Duplex (two-family dwellings)
Single-family attached (greater than two
units)
Multifamily
Manufactured homes
Mobilehome park
Facilities for the mentally disordered,
disabled, or dependent or neglected children
(six or fewer)
Facilities for the mentally disordered,
disabled, or dependent or neglected children
(seven to twelve)
Alcoholism or drug abuse recovery or
treatment facility (six or fewer)
Alcoholism or drug abuse recovery or
treatment facility (seven or more)
Residential care facilities for the elderly (six
or fewer)
Residential care facilities for the elderly
(seven or more)
Residential care facilities (six or fewer)
Residential care facilities (seven or more)
Congregate care residential facilities for the
elderly,
Boarding, rooming and lodging facilities
Accessory dwelling units
Guest house
Family day care homes —small and
Day care centers
Bed and breakfast establishments6
Emergency shelters
Transitional housing,
Supportive housing,
Table 17.06.030
Residential Districts
HR
RR
VL
I L-
1 L-
2 LM
M
H
HR-SM'
P
P
P
P
P
P
P
-
P
2,13
2,13
2,13
P13
P13
_
-
-
-
-
-
P
P
P
-
P13
P13
_
P
P
P
P
P
P
P
P
P
-
-
o
C
C
C
C
C
-
P
P
P
P
P
P
P
P
P
C
C
I C
C
I C
I C
P
P
C
P
P
P
P
P
P
P
P
P
C
C
C,
C
C
C
P
P
C
P
P
P
P
P
P
P
P
P
�0000000®
�aaaaaoo�
©�00000��
�0�0000��
�000000��
4 Efficiency units - - - - - - P P -
Nonresidential
Agriculture/open sace uses6
P
P
P
P
P
P
P
P
C
Religious institutions
C
C
C
C
C
C
C
C
C
Public utility facilities
C
C
C
C
C
C
C
C
C
Educational institutions
C
C
C
C
C
C
C
C
C
Libraries
C
C
o
C
C
C
C
C
-
Commercial marijuana activity
-
-
-
-
-
-
-
-
-
Marijuana cultivationlo
-
-
-
-
-
-
-
-
-
Medical marijuana dispensaries
-
-
-
-
-
-
-
-
-
Museums and art galleries (not for profit)
C
C
o
C
C
C
C
C
-
Commercial kennels, commercial catteries,
or cat/dog training center12
Noncommercial kennel
-
-
-
-
-
-
-
-
-
Noncommercial cattery-
-
-
-
-
-
-
-
Large animals horses, cattle, and mules)"
-
P
P
P
P
-
-
-
-
Small animals (burros, pigs, ponies and
sheep) 12
P
P
P
P
P
P
Temporary real estate tract offices
P
P
P
P
P
P
P
P
P
Recreational vehicle storage yard3
-
C
C,
C
C
C
C
C
-
Parking for commercial uses
-
-
-
-
-
-
P
P
Nonprofit clubs and lodge halls
-
-
-
-
-
-
P
P
-
Convalescent facilities
-
-
-
-
-
-
P
P
-
Golf courses
C
C
o
C
C
C
C
C
-
Home occupations
P
P
P
P
P
P
P
P
P
Construction trailers, 6
P
P
P
P
P
P
P
P
P
Short-term rentals
-
-
-
-
-
-
-
-
-
Animal keeping 12
-
P
P
P
P
P
P
P
-
Apiaries or beekeeping12
-
P
P
P
P
P
P
P
-
Poultry12
-
P
P
P
P
P
P
-
-
Outdoor aviary'2
-
P
P
P
P
P
P
P
-
Notes:

1. Transitional housing and supportive housing shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

2. A duplex or two-family dwelling may be permitted on corner lots with a planned development overlay pursuant to the provisions of Chapter 17.22 of this title.

3. Subject to the provisions of Section 17.24.020(D)(2) of this title.

4. Allowed only with a single-family residence.

5. The director of planning shall have the discretion to waive submittal of an administrative development plan, if it is determined that the construction trailer will not have an adverse impact on adjacent residences or businesses.

6. Subject to the supplemental development standards contained in Chapter 17.10 of this title.

7. Not used.

8. These uses are not permitted within the Nicolas Valley rural preservation area, as identified in Figure LU-5 of the land use element of the general plan.

9. Development within the HR-SM zoning district is subject to Section 17.06.080, Hillside development standards.

10. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code.

11. Legal nonconforming single-family residences will be permitted to construct accessory dwelling units if they meet the requirements of this Section 17.06.050(K).

12. Subject to the supplemental development standards contained in Chapter Title 6 6.04 of this code.

Section 8. Table 17.06.040 (Development Standards — Residential Districts) of Section

17.06.040 (Development Standards.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning)

of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.06.040 remaining unchanged:

Table 17.06.040 Develo ment Standards —Residential Districts Residential Development
HR
RR
VL
L-1
I L-2
LM
M
H
HR-SM
Standards
I
I
I
I
Lot Area
Minimum net lot area (sq.
-
-
-
-
-
7,200
2 7,200
-
-
ft.)
Minimum net lot area
10 5

2.5 1
'h
-
-
-
10 (acres)
Density range (dwelling
<0 1

0.1-

0.2-

0.5-

3.0-

7.0-

13.0-
<0.1
units per net acre')

0.2 0.4

2.9 2.9

6.9 12.9

20.0 Lot Dimensions
Minimum lot frontage at
50 50
40 40
30 30
30 30
50 front property line (feet)
Minimum lot frontage for a
flag lot at the front property
40 40
30 30
25 20
20 20
40 line (feet)
Minimum width at required
100
100
100
70 50
50 40
30 100
front setback area (feet)
Minimum average width
100
100
80 70
60 50
50 50
100
(feet)
Minimum lot depth (feet)
150
150
120
l 00
90 80
80 100
150
Setbacks
Minimum front yard (feet)
40 40
25 25
151
103
103
20 4
Avg.
40 Minimum corner side yard
40 40
15 15
15 15
15 15
40 (feet)
Minimum interior side yard
25 25
10 10
10 Variables
Variables
25 (feet)
IVariables
Setbacks (continued)
Minimum rear yard (feet)
25 1 25
20 20
1 20
1 20
1 20
20 25
Other Requirements
Maximum height (feet)
35 35
35 35
35 35
40 50
Subject to
Section 17.06.080
Maximum percent of lot
10%
15%
20%
25%
25%
35%
35%
30%
Subject to
coverage
Section 17.06.080
Open space required
o
90 /0
0 75 /0
0 70 /0
0 60 /0
0 40 /0
0 25 /0
0 25 /0
o
30 /o
Subject to
Section 17.06.080
Private open space/per unit
NA
I
NA
NA
NA
NA
I
NA
I
200
I
150
Subject to
(square feet)
Section 17.06.080
Section 9. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.08.030 remaining unchanged:
6 Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
INCI

CIHTISCIPOIBPI
LI
A
Aerobics/dance/gymnastics/jazzercise/martial arts/yoga
_
P
P
P
-
C
and Pilate studios (greater than 5,000 sq. ft.)
Aerobics/dance/gymnastics/jazzercise/martial arts/ yoga C
P
P
P
C
C
and Pilate studios (less than 5,000 sq. ft.)
E
Energy Stora e Facilit
-
-
-
-
-
C
C
Section 10. Subsection "I" (Stairs) is hereby added to Section 17.08.050 (Special Use Regulations and Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby added to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.08.050 remaining unchanged:

I. Stairs. All staircases and stairwells shall be located entirely within and incorporated into the desijzn of the building.

Section 11. Subsection "J" (Window Security) is hereby added to Section 17.08.050 (Special Use Regulations and Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby added to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.08.050 remaining unchanged:

J. Security Bars. All securitv bars shall be entirelv located within the building and shall not be visible from the exterior of the building and the public right of way. Security bars shall include any device physically installed for the security of a building whether placed on a door or window. All securitv bars shall be comDliant with the adopted edition of the California Building and Fire Code.

Section 12. Table 17.08.040(A) (Development Standards — Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or Industrial/Business Parks) of Section 17.08.040 (Development Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.08.040(A) remaining unchanged:

Table 17.08.040A Development Standards—Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or IndustrialBusiness Parks Development Standards
NC
CC
I HT
SC
PO
BP
LI
Minimum gross area of site
5 acres
10 acres
10 acres
10 acres
5 acres
10 acres
10 acres
Target floor area ratio

0.25 0.30

0.30 0.30

0.350

0.40 0.40

Table 17.08.040A Development Standards—Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or IndustrialBusiness Parks Development Standards
NC
CC
HT
SC
PO
BP
LI
Maximum floor area ratio with
intensity bonus as per

0.40 1.0

1.0 1.5

1.0 Section 17.08.050
Front yard adjacent to a street:

Arterial street
25 ft.
20 ft.
25 ft.
25 ft.
25 ft.
20 ft.
20 ft.

Collector
20 ft.
15 ft.
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.

Local
15 ft.
10 ft.
15 ft.
15 ft.
10 ft.
10 ft.
10 ft.

Yard adjacent to residentially zoned
25 ft.
25 ft.
30 ft.
30 ft.
25 ft.
35 ft.
40 ft.
property
Interior side yard
0 0
0 0
0 0
0 Rear yard
15 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.

Accessory structure—Side/rear
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
setback
Minimum building separation:

One story:
10 ft.
10 ft.
10 ft.
15 ft.
15 ft.
15 ft.
15 ft.

Two stories:
15 ft.
15 ft.
15 ft.
20 ft.
20 ft.
20 ft.
20 ft.

Three stories or more
20 ft.
20 ft.
25 ft.
25 ft.
25 ft.
25 ft.

Maximum height
35 ft.
50 ft.
75 ft.
50 ft.
75 ft.
50 ft.
40 ft.

Maximum percent of lot coverage
25%
30%
30%
30%
50%
40%
40%
Minimum required landscaped open
25%
20%
20%
20%
25%
25%
20%
space'
Fence, wall or hedge screening
Not
6 ft.
6 ft.
6 ft.
6 ft.
outdoor storage —Minimum height
allowed
Fence, wall or hedge screening
Not
outdoor storage —Maximum height
6 ft.
8 ft.
8 ft.
12 ft.
allowed
12 ft.
12 ft.

Accessory structure —Maximum
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.
height
Notes:

1. Minimum required landscaped open area does not include necessary planting within the right-of-way.

2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A).

Section 13. Table 17.08.040(B) (Development Standards — Commercial/Office/Industrial Districts for a Development on a Separate Lot) of Section 17.08.040 (Development Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.08.040(B) remaining unchanged:

Table 17.08.040B Development Standards—Commercial/Office/Industrial Districts for a Development on a Separate Lot
Development Standards
NC
CC
HT
SC
PO
BP
LI
Minimum net lot area (sq. ft.)
30,000
30,000
20,000
40,000
40,000
401000
40,000 sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.

Target floor area ratio2

0.25 0.30

0.30 0.30

0.350

0.40 0.40

Table 17.08.040B Development Standards—Commercial/Office/Industrial Districts for a Development on a Separate Lot
Development Standards
NC
CC
HT
SC
PO
BP
LI
Maximum floor area ratio with
intensity bonus as per

0.40 1.0

1.0 1.5

1.0 Section 17.08.050
Minimum width at required front
50 ft.
50 ft.
80 ft.
100 ft.
80 ft.
100 ft.
100 ft.
setback area
Minimum depth
100 ft.
100 ft.
100 ft.
120 ft.
120 ft.
120 ft.
120 ft.

Minimum frontage on a street
30 ft.
30 ft.
50 ft.
80 ft.
60 ft.
80 ft.
80 ft.

Yard area adjacent to a street:

Arterial street
25 ft.
15 ft.
25 ft.
25 ft.
20 ft.
20 ft.
20 ft.

Collector
25 ft.
10 ft.
25 ft.
25 ft.
20 ft.
20 ft.
20 ft.

Local
15 ft.
10 ft.
15 ft.
15 ft.
10 ft.
10 ft.
10 ft.

Interior side yard
0 0
0 0
0 0
0 Rear yard
15 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.

Accessory structure—side/rear setback
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.

Yard areas adjacent to residentially
25 ft.
25 ft.
30 ft.
30 ft.
25 ft.
30 ft.
40 ft.
zoned prove
Maximum height
35 ft.
50 ft.
75 ft.
50 ft.
75 ft.
50 ft.
50 ft.

Maximum percent of lot coverage
25%
30%
30%
30%
50%
40%
40%
Minimum required landscaped open
25%
20%
20%
20%
25%
25%
20%
space'
Fence, wall or hedge —maximum
6 ft.
6 ft.
6 ft.
6 ft.
6 ft.
6 ft.
6 ft.
height
Accessory structure —maximum height
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.

Fence, wall or hedge screening outdoor
Not
6 ft.
6 ft.
6 ft.
6 ft.
storage —minimum height
allowed
Fence, wall or hedge screening outdoor
Not
6 ft.
8 ft.
8 ft.
12 ft.
12 ft.
12 ft.
storage —maximum height
allowed
Notes:

1. Minimum required landscaped open area does not include necessary planting within the right-of-way.

2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A).

Section 14. Subsection 17.10.020(B)(4) of Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged:

b. A conditional use permit is required for restaurants that plan on offering, selling, or serving beer, wine, and distilled spirits (typically a Type 47 4 - California ABC license), unless otherwise regulated by a current specific plan. Restaurants offering beer, wine, and distilled spirits must cease alcohol sales one half hour prior to closing.
c. Restaurants are permitted to serve beer and wine (typically a Type 4142 California ABC license) as a matter of right
Section 15. Subsection "U. (Storage Containers)" is hereby added to Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged:

U. Storage Containers.

I) Purpose and Intent. The intent of this section is to provide for the limited temporary use of storage containers for residential, commercial/office/industrial, Planned Development Overlay (PDO) and Specific Plan zoned properties.
2) Definition. For the purposes of this chapter, Storage Container shall mean any sturdy container greater than one hundred and twenty (120) square feet with strength suitable to withstand shipment, storage, and handling with or without utility connection(s). Any device or container that meets this definition shall be considered a storage container, regardless of its nomenclature, construction material, type of container, design, original purpose or new/repurposed use.

All Residential and Open Space Zoning Districts. Storage containers are not a permitted use or accessory use in any residential or open space zoning district throughout the city and therefore shall not be permitted.
a) Exemptions.
(i) Temporaryplacement to support the construction of a new primary residence with a valid building_ permit.
(a) Required to obtain a Temporary Use Permit (TUP) in accordance with Chapter

17.04.020 and subject to the requirements of this section of the Temecula Municipal Code.
(b) Limited for use as storage only, no habitation is permitted. (c) Limited to the duration of construction or date specified in the TUP, whichever is less.
(d) Shall be removed from the site prior to final inspection of the new primary residence.
(ii) A storage container for the purpose of moving, storing, toring transporting personal property for the purposes of moving residences or placing items in long term storage can be placed on the private driveway residence for a time not to exceed seven days without a TUP.
10 (a) Placement of storage containers in the public right of way shall not be permitted without an encroachment permit as specified in Chapter 18.12 of this Code. 4) Commercial, Business Park, Professional Office and Industrial Districts. Storage containers may be permitted through a TemporaLy Use Permit (TUP) for a limited duration subject to the requirements of Chapter 17.04.020 and this section of the Temecula Municipal Code.
a) Storage containers shall be placed in loading or service areas only and shall not be visible from the public right-of-way.
b) Storage containers shall not be located in any landscaped area. c) Storage containers shall not be placed in any parking stalls without a parking anal demonstrating compliance with Chapter 17.24 of this code, to the satisfaction of the Director of Community Development.
d) Storage containers shall not have any signage or advertising_ e) Utility connection(s) shall require a building permit. f) Containers may be required to be painted to match the existing building, at the discretion of the Director of Community Development.
g) Containers must be maintained free of graffiti, vandalism, rust, circumstances that may arise from a lack of maintenance.
h) Any three violations during the effective period of the TUP shall be cause for the revocation of the TUP.
i) Where a zoning district addresses storage, those standards shall apply to the extent they are inconsistent with the provisions of this Section.
5) Mixed Use Zoning Districts.
a) Storage containers may be qpproved through a TUP as a temporary accessory use for commercial land uses located on the first floor in zoning districts that permits mixed use development and shall comply with Section 17.10.020(U)(4) of this chapter. b) Storage containers are not a permitted accessory use for residential land uses in zoning districts that permit mixed use development, without exemption. 6) Specific Plan Districts.
a) Where a Specific Plan addresses the accessory use of storage containers, those standards shall be applicable to all properties subject to its requirements. b) Where a Specific Plan does not address the accessory use of storage containers, the standards in this Section shall apply.
c) The Director of Community Development shall have the sole discretion to determine which standards shall apply when there is ambiguity in the Municipal Code or Specific Plan related to zoning districts.
7) Ancillary Use Only. Storage containers shall only be allowed as a temporary ancillary use for property with a completed development plan or on a property with all active and valid building permits for the construction of new buildings. 8) Time duration. Placement of storage containers shall be set by the TUP and in no case shall a storage container be placed or installed on the site for longer than one year. Relocation or movement of the storage container on the site does not impact the time limits set by the TUP.

Section 16. Subsection "V. (Energy Storage Facility)" is hereby added to Section

17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged:

V. Energy Sy torage Standards.
1) Purpose and Intent. Energy Storage Facility regulations are adopted with the intent of advancing and protecting the public health, safety, and welfare of the City of Temecula by establishing regulations for the installation and use of energy storage systems. The regulations herein are intended to protect the health, welfare, safety, and quality of life for the general public, to ensure compatible land uses in the areas affected by storage facilities and to mitigate the impacts of energy storage facilities on the environment. a) Energy Storage facilities shall be permitted through a Conditional Use Permit (CUP) only in the zoning specified in Table 17.08.030, Schedule of Permitted Uses Commercial/Office/Industrial Districts.

Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section as follows:
a) Battery. A single cell, stack, core building block, or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements. b) Battery Management System. An electronic system that prevents storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The systemgenerates an alarm and trouble signal for abnormal conditions.
c) Battery Energy Storage System. A system consisting of electrochemical, kinetic, thermal, or other form of energy -storage technology storage torage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. d) Cell. The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.
e) Commissioning. A systematic process that provides documented confirmation that a battery energy storage torage system functions according to the intended design criteria and complies with applicable code requirements.
f) Decommissioning Plan. A plan to retire the physical facilities of the project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation.
12 g) Energy Storage facility. Are stationary commercial facilities, that contain one or more energy storage s, sus) for the purposes of capturing or purchasing energy and releasing, selling, transferring or trading energy back to the utility providers for monetary or other gain. This definition does not include private residential energy storage or backup systems.
h) Energy Storage System. A system which stores energy and releases it in the same form as was input.

Applicability. The requirements of this ordinance shall apply to all energy storage facilities permitted, installed, or modified after the effective date of this ordinance, excluding general maintenance and repair. Energy Storage Facilities constructed or installed prior to the effective date of this ordinance shall not be required to meet the requirements of this chapter. Modifications to, retrofits or replacements of an existing energy storage facility that increases the total energy storage system designed discharge duration or power rating shall be subject to this chapter. The continuation of legally established existing utility -scale tilit.

Energy Storage Systems shall be subject to the regulations and guidelines of Chapter

17.03.070 (Legal nonconformities) of this Code.
4) Development Standards.
a) Energy storage facilities must meet all applicable standards of the adopted Building and Safety Codes and of the adopted Fire Codes.
b) Energy storage facilities shall comply with the site design requirements set forth below in addition to all other applicable chapters of the Temecula Municipal Code:
(i) Where visible from public view, the site shall be fully enclosed by a minimum six- foot. non -scalable solid wall. Where not visible from public view. the site shall be enclosed by a minimum six-foot, non -scalable solid wall or tubular steel or wrought iron fencing. Said wall or fencing shall be located outside of the required yard of the applicable zone. Walls shall consist of either decorative concrete masonry block or decorative concrete tilt -up walls. Decorative concrete masonry block means neutral colored slump stone block, split -face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete tilt -up wall means concrete with a combination of paint and raised patterns, reveals, and/or trim lines.

When sound and visual attenuation requires a wall exceeding 6 feet above the grade of the adjacent roadway, earth mounds shall be used, such that no more than 6 feet of the wall is visible from the roadway. The mounds shall not exceed a three -to -one (3:1) ratio slope. The mounds may support the wall or be placed against the wall on the street side.

Wall heights shall be limited to the standards in the applicable zoning district. (ii) No landscapin is s required on the interior side of the screen walls described in subparagraph (b)(i), above, regardless of the percentage of open space landscaping required.
13 The minimum required open space, as required by this Title, shall be limited to the perimeter landscaping surroundingperimeter screening wall or fencing described in subparagraph (b)(i), above. Said perimeter landscaping shall be no less than the applicable required yard setbacks.
(iii)Solid walls surrounding facilities which are below grade of an adjacent street or property shall incorporate a berm/slope along the entire length of the wall to ensure facilities are not visible from public view.
(iv)Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls
(v) Except as set forth in subparagraph (vi), no equipment or appurtenances not in an enclosed structure shall exceed the screen wall height described in subparagraph (i), above, unless it can be demonstrated through a line -of -sight analysis to the satisfaction of the Director of Community Development that the wall height will sufficiently screen said equipment and/or appurtenances. Enclosures for batteries and other systems shall not exceed fifteen (15) feet in height. (vi)Accessory structures such as utility poles or utility connection equipment, substation switchyard and similar equipment, necessary for the operation of the facility may exceed the height standards of the applicable zone subject to the Director of Community Developments approval.
(vii) Within the Business Park (BP) zone, all equipment or appurtenances shall be located within an enclosed building. However, accessory structures such as utility poles or utility connection equipment substation switchyard, and similar equipment, necessary for the operation of the facility is not required to be located within the enclosed building.
(viii) On -site parking shall be provided as specified below:
(a) For sites occupied daily by employees or contractors, one parking space per employee or contractor shall be provided.
(b) For unoccupied sites, one on -site parking space shall be provided. (c) All parking, fire access roadways, and drive aisles shall be paved with asphalt or concrete, to the satisfaction of the Director of Community Development. (d) All parking lots shall comply with Chapter 17.24 of this code. (e) All facilities shall have an approved signage plan including safety signs eg to be posted at the site.
(f) All improvements and site specifications shall be subject to approval of a Hazard Mitigation Analysis. Said reports shall be reviewed by the City of Temecula Fire Department and Building and Safety Departments. These reports must be approved concurrently with any entitlements. The purpose of this analysis is to evaluate the potential for adverse effects to people or the environment related to hazards and hazardous materials. The California Environmental Quality Act (CEQA) requires the analysis of potential adverse effects of a project on the environment. Consistent with Appendix G of the CEQA Guidelines, a proposed project would cause adverse impacts related to 14 hazards and hazardous materials if they would create a significant hazard to the public or the environmental through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. 5) Decommissioning.
a) Decommissioning Plan. Prior to issuance of any building_ permits related to decommissioning activities, the applicant shall submit a Decommissioning Plan containing a narrative description of the activities to be accomplished for removing the energy storage system from service, and from the facility in which it is located. The Decommissioning Plan shall also include:
(i) A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all energy storage system components, structures, equipment, security barriers, and transmission lines from the site:
(ii) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;
(iii)The anticipated life of the Battery energy storage system; (iv)The manner in which the Battery energy storage system will be decommissioned, and the Site restored, including a description of how any changes to the surrounding areas and other systems adjacent to the Battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and
(v) A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage torage system from service that has been damaged by a fire or other event.
b) Ownership Changes. If the owner of the Battery energy storage torage facility changes or the owner of the property changes, the project approvals shall remain in effect, provided that the successor owner or operator assumes in writing all the obligations of the project, site plan approval, and Decommissioning Plan. A new owner or operator of the Battery energy serge facility shall notify the Community Development Department of such change in ownership or operator within thirtyy(30) dqys of the ownership change. A new owner or operator must provide such notification to the Community Development Department in writing The project and all approvals for the Battery energy storage facilities shall be void if a new owner or operator fails to provide written notification to the Community Development Department in the required timeframe.

Reinstatement of a voided project or approvals will be subject to the same review and approval processes for new applications under this chapter. 6) Performance Measures and Standard Conditions of Approval.

The following measures shall be included as performance measures and standard conditions of approval for all energy storage facilities. a) Facilities shall not store anyproducts, goods, materials, or containers outside of any building on -site.
15 b) Facilities shall comply with noise requirements in Chapter 9.20 of this code. c) Operators shall address any nuisance, safety issues or violations of conditions of approval within forty-eight hours of being notified by the city that an issue exists. d) Prior to the issuance of a Certificate of Occupancy or Business License, any operator of an energy storage facility shall sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility.
7) Finding of Economic Benefit; Public Benefit Agreement; Exempt Projects. a) Consistent with Public Resources Code section 25545.9, and in addition to all other findings and determinations necessary for the grant of a CUP, no conditional use permit for a Energy Storage Facility, shall be granted unless the City finds that the construction and operation of the facility will have an overall net positive economic benefit to the City. For pLiMoses of this sub -section, economic benefits may include, but are not limited to, any of the following_
(i) Employment growth.
(ii) Housingdevelopment.
(iii)Infrastructure and environmental improvements.
(iv)Assistance to public schools and education.
(v) Assistance to public safety agencies and departments. (vi) Property taxes and sales and use tax revenues.
b) Consistent with Public Resources Code section 24454.10, no conditional use permit for a Battery Energy Storage Facility, shall be granted unless the City has entered into a legally binding and enforceable agreement with, or that benefits, the City, where there is mutual benefit to the parties to the agreement. The topics and specific terms of the community benefits agreements may vary and may include fundingfor or or providing specific community improvements or amenities such as park and pla ryg ound equipment, urban greening, enhanced safety crossings, and paving roads and bike ap ths.
c) The City of Temecula finds and declares that, where a Battery Energy Serge Facility, Utility Scale is issued a certificate pursuant to Chapter 6.2 (commencing with Section 25545) of Division 15 of the Public Resources Code, and where such certificate is in lieu of a conditional use permit or other permit, certificate, or document required by the City, a community benefit agreement in the form described in subsection (a), above, shall satisfy the obligations on Public Resources Code section 24454.10.

Section 17. Table 17.14.030 (Schedule of Permitted Uses — Open Space) of Section

17.14.030 (Use Regulations) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.14.030 remaining unchanged:
16 Table 17.14.030
Schedule of Permitted Uses —Open Space
Schedule of Uses
PR
OS
OS-C

OS-C-SM
Agricultural uses
-
C
C
-
Athletic field
P
-
-
-
Bicycle paths
P
C
C
-
CampRround
C
-
I -
-
Caretakers' quarters
C
C
C
-
Cemeteries, mausoleums and related uses
C
C
-
-
Communications and microwave installations
-
-
Flood control structures
C
C
C
C
Game courts, badminton, tennis, racquetball
P
C
-
-
Golf driving range not part of a golf course
C
C
-
-
Golf course and clubhouse
C
C
-
-
Golf course resort (including accessory visitor supporting accommodations and commercial uses, such as hotels, fractional ownership units, day spa, restaurants and conference center C
-
-
-
Government and public utility facilities
C
C
C
C
Gymnasium
C
-
-
-
Commercial marijuana activities
-
-
-
-
Marijuana cultivatiow
-
-
-
-
Nature centers/exhibits
P
C
C
-
Nurseries
-
C
-
-
Outdoor exhibits
P
P
P
-
Picnic aroup facilities
C
C
-
-
Private parks and recreation facilities
P
C
-
-
Parking areas
C
C
C
-
Public parks and recreation facilities
P
C
-
-
Recreational vehicle park
-
C
-
-
Riding stable, public or private
C
C _
G _
-
Shooting galleries, ranges, archery courses
-
E_
-
Single-family dwellings (1 unit per 40 acres)
-
P
C
-
Tree farms
-
C
-
-
Note:

1. All development subject to the standards set forth in Section 17.06.080.

2. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code.

Section 18. Item 2 of Subsection D of Section 17.23.030 (Projects exempt — Building permit approval only.) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section

17.23.030 remaining unchanged:

2. One detached, new construction ADU dia4 does not exeeed that has a minimum four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling.

The ADU may be combined with a JADU described in subsection (D)(1) above. The ADU shall be no more than eight hundred square feet in size, with a height limit of sixteen feet. 17 Section 19. Subsection I (Separation) is hereby added to Section 17.23.040 (General requirements and application procedure.) of Chapter 17.23 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.040 remaining unchanged:

I. Separation. All detached accessory dwellingunits nits (ADU's) shall have a minimum 6 foot separation from the primary residence, as measured in a straight line from exterior wall to exterior wall. Existing accessory structures converted to an ADU shall not be required to meet this standard.

Section 20. Item 7 (Addressing) is hereby added to Subsection 17.23.050(B) (Development Standards) of Section 17.23.050 (ADU Standards) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code, (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.050(B) remaining unchanged:

7. Addressing. Addressing for all ADU and JADU units shall be as follows. without exception:
a. The primary residential unit, newly constructed or existing, shall be addressed according to existing policy and shall include an illuminated "Unit 1" identifier. This shall only be applicable if an ADU or JADU is proposed for the same parcel. b. A second residential unit, an ADU or JADU, shall bear the same main address as the primary residence with the additional unit bearing an illuminated "Unit 2" identifier. c. A third and final residential unit, an ADU or JADU, shall bear the same main address as the primary residence with the additional unit bearing an illuminated "Unit 3" identifier. d. All addresses shall be legible and physically installed in a prominent location on the building that clearly identifies which entry is associated with each address and in accordance with Section 17.28.050(N) of this code.

Section 21. Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definition of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a definition of "Health and Exercise Club" and to amend the definition of "Specialty market" to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.34.010 remaining unchanged:

H.
"Health and Exercise Club" means fitness centers, gymnasiums, health and athletic facilities which charge a membership fee for access that may include indoor sauna or hot hib facilities-
S.
"Specialty market" means a retail market that specializes in a specific type or class of food, drink, and related products.
18 fi � thatisandsquare o*. In no case shall a specialty market be less than ten thousand (10,000) square feet.

Section 22. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

Section 23. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.

Section 24. Effective Date. This Ordinance shall take effect thirty (30) days after passage.

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

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

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 28th day of November, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
20 Randi Johl, City Clerk

PC RESOLUTION NO.2023-20

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF TEMECULA RECOMMENDING THAT

THE CITY COUNCIL ADOPT AN ORDINANCE
ENTITLED, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMECULA AMENDING TITLES 5
AND 17 OF THE TEMECULA MUNICIPAL CODE

MAKING MINOR REVISIONS TO MASSAGE

ESTABLISHMENT, ACCESSORY DWELLING UNIT,

HOME OCCUPATION PERMIT, AND TEMPORARY USE

PERMIT REGULATIONS, ESTABLISH BATTERY

STORAGE AND SHIPPING CONTAINER STANDARDS,

CLARIFY THE PERMITTED USES ALLOWED IN THE

OPEN SPACE -CONSERVATION DISTRICT, MODIFY THE

DEFINITION OF SPECIALTY MARKET AND

RESTAURANT, ADD DEFINITION FOR HEALTH AND

EXERCISE CLUBS, MAKE OTHER CLERICAL

REVISIONS AND MAKE A FINDING OF EXEMPTION

UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) GUIDELINES SECTION 15061 (B)(3)."
Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that:

A. City staff identified the need to make revisions and -clarifications to portions of Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Temecula Municipal Code.

B. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Temecula Municipal Code on November 1, 2023, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter.

C. The proposed amendments to Title 5 & 17 are consistent with the City of Temecula General Plan, and each element thereof.

D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit "A".

E. All legal preconditions to the adoption of this Resolution have occurred.

Section 2. Further Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that:

The Planning Commission, in recommending adoption of the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:

1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan.

Except for the amendments pertaining to the Open Space -Conservation (OS-C) Zoning designation, none of the proposed Code Amendments change the types of uses allowed in City. The Code Amendments remove riding stables and shooting galleries as conditionally permitted uses the OS-C zoning designation. These uses are inconsistent with the Open Space land use designation and are being removed to correct an inconsistency within the code. All other proposed amendments are operational clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan.

2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan.

3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein.

allowed. Only the revisions to the Open Space -Conservation (OS-C) Zoning district impact the use of land. The Code Amendments remove riding stables and shooting galleries as permitted uses in the OS-C zoning designation. These uses are inconsistent with the types of uses permitted in the OS-C Zoning district and are being removed to correct an inconsistency within the code.

Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2023- is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The Code Amendments impose regulations on existing uses, but do not increase the intensity or density of any land use or allow any development where it was not otherwise permitted. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance.

Section 4. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR23-0180, a proposed Citywide Ordinance as set forth on Exhibit "A", attached hereto, and incorporated herein by this reference.

PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1 st day of November 2023.

ATTEST:

C4Luke W_Kdats n
Secretary
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2023-20 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of November 2023, by the following vote:

AYES: 5 PLANNING COMMISSIONERS: Hagel, Ruiz, Solis, Turley-Trejo, Watts NOES: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
Luke Watson
Secretary

ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 5 AND 17 OF THE

TEMECULA MUNICIPAL CODE MAKING MINOR

REVISIONS TO MASSAGE ESTABLISHMENT,

ACCESSORY DWELLING UNIT, HOME OCCUPATION

PERMITS, AND TEMPORARY USE PERMIT

REGULATIONS, ESTABLISH BATTERY STORAGE AND

SHIPPING CONTAINER STANDARDS, CLARIFY THE

PERMITTED USES ALLOWED IN THE OPEN SPACE -

CONSERVATION DISTRICT, MODIFY THE DEFINITION

OF SPECIALTY MARKET AND RESTAURANT, ADD

DEFINITION FOR HEALTH AND EXERCISE CLUBS,

MAKE OTHER CLERICAL REVISIONS AND MAKE A

FINDING OF EXEMPTION UNDER CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
SECTION 15061 (11)(3)

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

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

A. City staff identified the need to make minor revisions and clarifications to portions of Title 5 (Business Licenses and Regulations), and Title 17 (Zoning) of the Temecula Municipal Code.

C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted PC Resolution No. 2023- , recommending that the City Council approve the Code Amendments.

E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. 1 Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:

1. The proposed uses are allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan.

Except for the amendments pertaining to the Open Space -Conservation (OS-C) Zoning designation, none of the proposed Code Amendments change the types of uses allowed in City.

2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan.

3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein.

Section 4. Subsection 5.22.140(D)(6) of Section 5.22.140(D) (Appeal) of Chapter

5.22.140 (Revocation, Permit Denial and Appeal) of 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 5.22.140 remaining unchanged:
"6. The hearing officer may uphold, modify or reverse the decision of the chief of police. Within ten thi 30 days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision.

G. Exem Lions. The following entities or organizations are exempt from "here uirements of this section:

1. Cfty, state federal school district communily college district or other PILblic agencies' events when the events are conducted wholly on that agency's property or with the consent of another public property owner and when the events do not Lqquire public road closures or encroachment upon adjacent public streets.

Section 6. Subsection "15" (Commercial Vehicles) is hereby added to Section

D. Requirements for Approval, Conditional Approval or Denial of a Home Occupation Permit.

15. A maximum of two vehicles shall be dedicated to the home occupation. This two vehicle limit includes instances where more than one home occupation permit is issued for the same residence.

Description of Use
Residential
Single-family detached
Duplex (two-family dwellings)
Single-family attached (greater than two
units
Multifamily
Manufactured homes
Mobilehome park
Facilities for the mentally disordered,
disabled, or dependent or neglected children
six or fewer
Facilities for the mentally disordered,
disabled, or dependent or neglected children
seven to twelve
Alcoholism or drug abuse recovery or
treatment facility six or fewer
Alcoholism or drug abuse recovery or
treatment facility seven or more
Residential care facilities for the elderly (six
or fewer)
Residential care facilities for the elderly
(seven or more)
Residential care facilities six or fewer
Residential care facilities seven or more)
Congregate care residential facilities for the
elderly,
Boarding, rooming and lodging facilities
Accessory dwelline units
Guest house
Family day care homes —small and
D4y care centers
Bed and breakfast establishments6
Emergency shelters
Transitional housing,
Supportive housing'
Table 17.06.030
Residential Districts

HR I RR I VL I L- L- LM M H HR-SM'
1 2
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C
C
I C
C
C
I C
P
P
C
P
P
P
P
P
P
P
P
P
C
C
C8
C
C
C
P
P
C
P
P
P
P
P
P
P
P
P
■evaa000�
4 EfflcienSy units - - - - - p I p _
Nonresidential
Agriculture/open sace uses6
P
P
P
P
P
P
P
P
C
-Religious institutions
C
C
C
C
C
C
C
C
C
Public utilitv facilities
C
C
C
C
C
C
C
C
C
Educational institutions
C
C
C
C
C
C
C
C
C
Libraries
C
C
C.

C
C
C
C
C
-
Commercial manivana activity
Marijuana cultivation"
Medical marijuana dispensaries
-
-
-
-
-
-
-
-
-
Museums and art galleries not for rofA
C
C
C8
C
C
C
C
C
-
Commercial kennels, commercial catteries,
or cat/dog training center12
Noncommercial kennel
Noncommercial cattery-
-
-
-
-
-
-
-
_
Large animals horses, cattle, and mules 'Z
-
P
P
P
P
-
-
-
-
Small animals (burros, pigs, ponies and
she ep) 121
P
P
P
P
-
P
P
"
Temporary real estate tract offices
P
P
P
P
P
P I
P
P
P
Recreational vehicle storage yard,
-
C
C.

C
C
C
C
C
-
Parking for commercial uses
-
-
-
-
-
-
P
P
Nonprofit clubs and lodge halls
-
-
-
-
-
-
P
P
-
Convalescent facilities
-
-
-
-
-
-
P
P
-
Golf courses
C
C
C.

C
C
C
C
C
-
Home occupations
P
P
P
P
P
P
P
P
P
Construction trailers5.6
P
P
P
P
P
P
P
P
P
Short-term rentals
Animal kee in 12
-
P
P
P
p
p
p
p
Apiaries or beekee in 1z
-
P
P
P
P
P
P
P
_
Poultryu
-
P
P
P
P
P
P
-
-
Outdoor aviuy—U
-
P
P
P
P
P
P I
P
-
Notes:

1. Transitional housing and supportive housing shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

2. A duplex or two-family dwelling may be permitted on comer lots with a planned development overlay pursuant to the provisions of Chapter 17.22 of this title.

3. Subject to the provisions of Section 17.24.020(D)(2) of this title.

4. Allowed only with a single-family residence.

6. Subject to the supplemental development standards contained in Chapter 17.10 of this title.

7. Not used.

8. These uses are not permitted within the Nicolas Valley rural preservation area, as identified in Figure LU-5 of the land use element of the general plan.

9. Development within the HR-SM zoning district is subject to Section 17.06.080, Hillside development standards.

11. Legal nonconforming single-family residences will be permitted to construct accessory dwelling units if they meet the requirements of this Section 17.06.050(K).

12. Subject to the supplemental development standards contained in Chapter Title 6 6.04 of this code.

Section 8. Table 17.06.040 (Development Standards — Residential Districts) of Section

17.06.040 (Development Standards.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning)

Table 17.06.040 Devela ment Standards —Residential Districts Residential Development HR
I RR
VL
L-1 L-2
LM
M H
HR-SM
Standards
T
Lot Area
Minimum net lot area (sq.
ft.)
-
-
-
-
-
7,200
7,2002
-
-
Minimum net lot area
(acres)
10 5

2.5 1
'/z
-
-
-
10 Density range (dwelling
<0 1

0.1-

0.2-

0.5-

3.0-

7.0-

13.0-
units per net acre')

0.2 0.4

2.9 2.9

6.9 12.9

20.0 <0.1
Lot Dimensions
Minimum lot frontage at
1 front property line (feet)
50 50
40 40
30 30
30 30
50 Minimum lot frontage for a
flag lot at the front property
40 40
30 30
25 20
20 20
40 line (feet)
Minimum width at required
front setback area (feet)
100
100
100
70 50
50 40
30 100
Minimum average width
(feet)
100
100
80 70
60 50
50 50
100
Minimum lot depth (feet)
150
150
120
100
90 80
80 100
150
Setbacks
Minimum front yard (feet)
40 40
25 25
153
103
103
20 40
Minimum corner side yard
(feet)
40 40
15 15
15 15
15 15
40 Minimum interior side yard
(feet)
25 25
10 10
10 Variable'
Variabl
Variables
25 Setbacks (continued)
Minimum rear yard (feet)
25 25
1 20
1 20
1 20
20 1 20
20 25
Other Requirements
Maximum height (feet)
35 35
35 35
35 35
40 50
Subject to
Section 17.06.080
Maximum percent of lot
10%
15%
20%
25%
25%
35%
35%
30%
Subject to
coverage
Section 17.06.080
Open space required
90%
75%
70%
60%
40%
25%
25%
30%
Subject to
Section 17.06.080
Private open space/per unit
NA
NA
NA
NA
NA
NA
200
150
Subject to
Lsquare feet
Section 17.06.080
Section 9. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.06.030 remaining unchanged:
6 Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use

INCICCIHTISCIPOIBPI
LI
A
Aerobics/dance/gymnastics/jazzercise/martial arts/voea
and Dilates studios (greater than 5,000 s . ft.)
P
P
I'
-
C
Aerobics/dance/gymnastics/jazzercise/martial arts/ yoga and Dilates studios less than 5,000 sq. ft.)
C
p
p
p
C
z
C
C
C
E
Enera SWMgLFqd1ky
Section 10. Subsection "I" (Stairs) is hereby added to Section 17.08.050 (Special Use Regulations and Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby added to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.08.050 remaining unchanged:

I. Stairs. All staircases and stairwells shall be located entirely within and incorporated into the design of the building.

J. Security Bars. All security bars shall be entirely located within the buildine and shall not be visible from the exterior of the building and the public rigjLt of wa . Securily bars shall include any device ph ysicOy installed for the securily of a building whether placed on a door or window. All security bars shall be compliant with the adopted edition of the California Building and Fire Code.

Table 17.08.040A Development Standards—Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or Industrial/Business Parks Development Standards
NC
CC
HT
SC
PO
BP
LI
Minimum gross area of site
5 acres
10 acres
10 acres
10 acres
5 acres
10 acres
10 acres
Tar et floor area ratio'

0.25 0.30

0.30 0.30

0.350

0.40 0.40
7 Table 17.08.040A Development Standards—Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or Industrial/Business Parks Development Standards
NC
I CC
HT
SC
PO
BP
LI
Maximum floor area ratio with
intensity bonus as per

0.40 1.0

1.0 1.5

1.0 Section 17.08.050
Front yard adjacent to a street:

Arterial street
25 ft.
20 ft.
25 ft.
25 ft.
25 ft.
20 ft.
20 ft.

Collector
20 ft.
15 ft.
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.

Local
15 ft.
10 ft.
15 ft.
15 ft.
10 ft.
10 ft.
10 ft.

Yard adjacent to residentially zoned
property
25 ft
25 ft.
30 ft.
30 ft.
25 ft.
35 ft.
40 ft.

Interior side yard
0 0
0 0
0 0
0 Rear lard
15 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.

Accessory structure—Side/rear
setback
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.

Minimum building separation:

One story:
10 ft.
10 ft.
10 ft.
15 ft.
15 ft.
15 ft.
15 ft.

Two stories:
15 ft.
15 ft.
15 ft.
20 ft.
20 ft.
20 ft.
20 ft.

Three stories or more
20 ft.
20 ft.
25 ft.
25 ft.
25 ft.
25 ft.

Maximum height
35 ft.
50 ft.
75 ft.
50 ft.
75 ft.
50 ft.
40 ft.

Maximum percent of lot coverage
25%
30%
30%
30%
50%
40%
40%
Minimum required landscaped open
space'
25%
20%
20%
20%
25%
25%
20%
Fence, wall or hedge screening
Not
outdoor storage —Minimum height
6 ft.
6 ft
allowed
6 ft.
6 ft.

Fence, wall or hedge screening
Not
outdoor storage —Maximum height
6 ft.
8 ft.
8 ft.
12 ft.
allowed
12 ft.
12 ft.

Accessory structure —Maximum
height
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.

Notes:

1. Minimum required landscaped open area does not include necessary planting within the right-of-way.

2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A).

Table 17.08.040B Development Standards—Commercial/Office/Industrial Districts for a Development on a Separate Lot
Development Standards
NC
CC
HT
SC
PO
BP
LI
Minimum net lot areas ft.
( q' )
30,000
30,000
20,000
40,000
40,000
40,000
40,000 sq. ft.
s . ft.
s . ft.
s . ft.
s . ft.
s . ft.
s . ft
Target floor area ratio'

0.25 0.30

0.30 0.30

0.350

0.40 0.40

0.40 1.0

1.0 1.5

1.0 Section 17.08.050
Minimum width at required front
setback area
50 ft.
50 ft.
80 ft.
100 ft.
80 ft.
100 ft.
100 ft.

Minimum de th
100 ft.
100 ft.
100 ft.
120 ft.
120 ft.
120 ft.
120 ft.

Minimum frontage on a street
30 ft.
30 ft.
50 ft.
80 ft.
60 ft.
80 ft.
80 ft.

Yard area adjacent to a street:

Arterial street
25 ft.
15 ft.
25 ft.
25 ft.
20 ft.
20 ft.
20 ft.

Collector
25 ft.
10 ft.
25 ft.
25 ft.
20 ft.
20 ft.
20 ft.

Local
15 ft.
10 ft.
15 ft.
15 ft.
10 ft.
10 ft.
10 ft.

Interior side yard
0 0
0 0
0 0
0 Rear yard
15 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.

Accessory structure—side/rear setback
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.

Yard areas adjacent to residentially
25 ft.
25 ft.
30 ft.
30 ft.
25 ft.
30 ft.
40 ft.
zoned property
Maximum height
35 ft.
50 ft.
75 ft.
50 ft.
75 ft.
50 ft.
50 ft.

Maximum percent of lot coverage
25%
30%
30%
30%
50%
40%
40%
Minimum required landscaped open
space'
25%
20%
20%
20%
25%
25%
20%
Fence, wall or hedge —maximum
6 ft.
6 ft.
6 ft.
6 ft.
6 ft.
6 ft.
6 ft.
height
Accessoa structure —maximum height
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.

Fence, wall or hedge screening outdoor
Not
storage —minimum height
6 ft.
6 ft.
allowed
6 ft.
6 ft.

Fence, wall or hedge screening outdoor
Not
stora e—maximum height
6 ft.
8 ft.
8 ft.
12 ft.
allowed
12 ft.
12 ft.

Notes:

1. Minimum required landscaped open area does not include necessary planting within the right-of-way.

2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A).

4. Restaurants shall operate under the following requirements:
a. Restaurants that are open to the public for business and engaged in the ancillary sale of alcoholic beverages shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, salads, and other attendant dishes.
9 b. A conditional use permit is required for restaurants that plan on offering, selling, or serving beer, wine, and distilled spirits (typically a Type 47 44- California ABC license), unless otherwise regulated by a current specific plan. Restaurants offering beer, wine, and distilled spirits must cease alcohol sales one half hour prior to closing.
c. Restaurants are permitted to serve beer and wine (typically a Type 41 42 California ABC license) as a matter of right
Section 15. Subsection "U. (Storage Containers)" is hereby added to Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged:

U. Storaize Containers.
j) Pu se and Intent. The intent of this section is to provide for the limited temnorary use of storaize containers for residential commercial/office/industrial Planned Development Overlay(PDQ) and Specific Plan zoned properties.

Definition. For the purposes of this cha ter Storage Container shall mean my sturdy container greater than one hundred and twent 120 square feet with strength suitable to withstand shipment, store a and handling with or without utifily connections . An device or container that meets this definition shall be considered a storage container regardless of its nomenclature construction material a of container, design, on final puEpose or new/re u osed use.
3� All Residential and Open Space Zoning Districts. Storage containers are not a permitted use or accessoa use in any residential or open sace zgnLnZ district throughout the ci and therefore shall not be permitted.
a) Exemptions.
(i) TempgLaa Djacement to support the construction of a nenLpri-mM residence with a valid building permit.
(a) Required to obtain a TeMporaa Use Permit (TUP) in accordance with Cha ter

17.04.020 and subject to the requirements of this section of the Temecula Municipal Code.
(b) Limited for use as storage only, no habitation is permitted. (c) Limited to the duration of construction or datespecified in the TUP whichever is less.
(d) Shall be removed from the site prior to final inspection of the new primary residence.
(ii) A stare a container for the p=ose of moving, storing, transporting ersonal propelly for the purposes of moving residences or placing items in long term storage can be placed on the private drivewa yof any residence for a time not to exceed seven days without a TUP.
10 (a) Placement of store a containers in the public right of way shall not be permitted without an encroachment permit as s ecif ed in Chapter 18.12 of this Code. 4) Commercial Business Park Professional Office and Industrial Districts. Stowe containers mgy be permitted through a Tem or Use Permit TUP for a limited duration subject to the re uirements of Chapter 17.04.020 and this section of the Temecula Municipal Code_
a) Storage containers shall be placed in loadin or service areas only and shall not be visible from the public right-of-way.
b) Storage containers shall not be located in an landscaped area. c) Store a containers shall not be placed in an parking stalls without a parking analysis demonstrating compliance with Cha ter 17.24 of this code to the satisfaction of the Director of Community Development.
d) Stowe containers shall not have any si na a or advertising. e) Utility connections shall Leguire a building pen -nit. f) Containers gLay be required to be painted to match the existing building, at the discretion of the Director of Community Development.
g) Containers must be maintained free of graffiti, vandalism rust circumstances that may arise from a lack of maintenance.
h) An three violations during the effective period of the TUP shall be cause for the revocation of the TUP.
i) Where a zoning district addresses storage, those standards shall Mply to the extent the are inconsistent with the pLovisions of this Section.
5) Mixed Use Zoning Districts.
a) Stowe containers ma be a roved through a TUP as a temporm accessoEy use for commercial land uses located on the first floor in zonin districts that permits mixed use development and shall coWly with Section 17.10.020 U 4 of this chapter. b) Storage containers are not a permitted accessoEy use for residential land uses in zoning districts that permit mixed use development, without exemption. 6) Specific Plan Districts.
a) Where a S ecific Plan addresses the accessory use of storage containers those standards shall be applicable to all properties subject to its re uirements. b) Where a Specific Plan does not address the accessQa use of storage containers the standards in this Section shall gpRly.
c) The Director of Community Development shall have the sole discretion to determine which standards shall Mply when there is ambi uit in the Municipal Code or Specific Plan related to zoning districts.
7) AncillgU Use Only. Stara a containers shall only be allowed as a jpmRgrancillMuse for propegy with a completed development plan or on a propegy with all active and valid building permits for the construction of new buildings. 8) Time duration. Placement of storage containers shall be set by the TUP and in no case shall a storage container be placed or installed on the site for longer than one year. Relocation or movement of the storage container on the site does not impact the time limits set b the TUP.
11 Section 16. Subsection "V. (Energy Storage Facility)" is hereby added to Section

V. Energy Store a Standards.
j) Purpose and Intent. Energy Storage Facilily regulations are adopted with the intent of advancing and protecting the public health safely, and welfare of the City of Temecula b establishing regulations for the installation and use of energy storage systems. The re ulations herein are intended to vrotect the health welfare safely, and gualijY of life for the general public, to ensure compatible land uses in the areas affected by energy storage facilities and to mitigate the impacts of energy storage facilities on the environment. a) Energy Storage facilities shall be permitted through a Conditional Use Permit CUP only in the zoning specified in Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts.
2) Definitions. The following words and phjases shall for the p=oses of this cha ter have the meanings respectively ascribed to them by this section as follows:
a) Battety. A single cell stack core building block or a group of cells connected together electricallv in series in parallel, or a combination of both which can charge, discharge and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer roducts are excluded from these requirements. b) Battely Management System. An electronic s stem that prevents storage batteries from operating outside their safe o eratin arameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions.
c) Battea EKLeW Store e System. A system consisting of electrochemical kinetic thermal or other form of ener -story a technolgW storage batteries battety chargers, controls, power conditioning systems and associated electrical equipment, assembled to ether capable of sto!Lng energy in order to supply electrical energy at a future time not to include a stand-alone 12-volt car batteKy or an electric motor vehicle. d) Cell. The basic electrochemical unit characterized by an anode and a cathode used to receive store and deliver electrical ener .
e) Commissioning. A systematic process that provides documented confirmation that a battM energy storage system functions according to the intended design criteria and complies with applicable code requirements.
f) Decommissioning Plan. A plan to retire the physical facilities of the proiect, including decontamination, dismantlement, rehabilitation, _landscaping and monitoring. The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities, waste management storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation.

g) Energy Store a facilily. Are statiogM commercial facilities that contain one or more cngM store e s stems for the DMoses of ca turin or urchasin ever and releasing, selling, transferring or trading eneW back to the utilily providers for mone or other gain. This definition does not include private residential energy storage or backup systems.
h) Energy Store e System. A system which stores ener-gy and releases it in the same form as was input.

D Applicability. The requirements of this ordinance shall apply to all energy storage facilities permitted, installed or modified after the effective date of this ordinance excluding general maintenance and re air. Ener y Store a Facilities constructed or installed pri r to the effective date of this ordinance shall not be required to meet the requirements of this chapter. Modifications to retrofits or replacements of an existing enemy storage facifily that increases the total energy storage s stem designed discharge duration or -power rating shall be subject to this cha ter. The continuation of legally established existing utilit -scale Energy Storage Systems shall be subject to the regulations and uidelines of Chapter

17.03.070 (Legal nonconformities of this Code.
4) Development Standards.
a) Energy store a facilities must meet all apRlicable standards of the adol2ted Building and Safety Codes and of the ado ted Fire Codes.
b) Energy store a facilities shall comply with the site design re uirements set forth below in addition to all other applicable chapters of the Temecula Municipal Code:
(i) Where visible from public view, the site shall be fully enclosed by a minimum six- foot non -scalable solid wall. Where not visible from public view, the site shall be enclosed by a minimum six-foot non -scalable solid wall or tubular steel or wrought iron fencin . Said wall or fencing shall be located outside of the required yard of the applicable zone. Walls shall consist of either decorative concrete masom block or decorative concrete tilt -up walls. Decorative concrete masonEy block means neutral colored slump stone blocks lit -face block or precision block with a stucco /aster, or cultured stone finish. Decorative concrete tilt-u wall means concrete with a combination of aint and raised patterns, reveals and/or trim lines.

When sound and visual attenuation requires a wall exceeding 6 feet above the grade of the adjacent roadway, earth mounds sliall be used, such that no more than 6 feet of the wall is visible from the roadway. The mounds shall not exceed a three -to -one (3:1) ratio slope. The mounds may support the wall or be Dlaced against the wall on the street side.

Wall heights shall be limited to the standards in the a licable zoning district. (ii) No landsMing is required on the interior side of the screen walls described in sub era rah i above regardless of the percentage of open sace landscaping required.
13 The minimum re uired open sace as required by this Title shall be limited to the perimeter landscming surrounding the perimeter screening wall or fencinja described in sub ara ra h b i above. Said erimeter landscapinglandscgping shaII be no less than the applicable required yard setbacks.
(iii)Solid walls surmunding facilities which are below grade �f an adjacent street or pMg_qy shall inco orate a berm/slope along the entire len th of the wall to ensure facilities are not visible from public view.
(iv)Anti-graffiti coating ore uivalent measure to prevent graffiti shall be provided for all solid screen walls
(v) Except as set forth in sub ara ra h vi no equipment or appurtenances not in an enclosed structure shall exceed the screen wall height described in sub ara ra h i above unless it can be demonstrated through a line -of -sight analysis to the satisfaction of the Director of Communily Development that the wall height will sufficiently screen said equipment and/or appurtenances. Enclosures for batteries and others stems shall not exceed fifteen 15 feet in hei t. (vi)Accessoly structures such as utility poles or utility connection equipment, substation switch and and similar equipment, necessary for the operation of the facility mgy exceed the height standards of the applicable zone subject to the Director of Community Developments approval.
(vii) Within the Business Park BP zone all equipment or appurtenances shall be located within an enclosed building. However, accessory structures such as utilily poles or utility connection equipment substation switch and and similar a ui ment necessary for the o eration of the-facilily is not required to be located within the enclosed building.
(viii) an -site parking shall be provided as s ecified below:
(a) For sites occupied daily b employees or contractors one arkin s ace er em to ee or contractor shall be provided.
(b) For unoccupied sites one on -site parkigg space shall be provided, (c) All parking, fire access roadwa s and drive aisles shall be paved with as halt or concrete to the satisfaction of the Director of Communijy Development. (d) All parking lots shall comply with Cha ter 17.24 of this code. (e) All facilities shall have an approved si na a Ian including sLfety si a e to be posted at the site.
(f) All improvements and site specifications shall be subject to apRroval of a Hazard Mitigation Analysis. Said reports shall be reviewed by the City of Temecula Fire Department and Building and SafejX Departments. These reports must be approved concurrently with gny entitlements. The VpMose of this analysis is to evaluate the potential for adverse effects to mople or the environment related to hazards and hazardous materials. The California Environmental Qualily Act CE A requires the analysis of potential adverse effects of a project on the environment. Consistent with Appendix G of the CE A Guidelines a proposed project would cause adverse impacts related to 14 hazards and hazardous materials if th%y would create a sigLifficant hazard to the public or the environmental through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.

Decommissioning.
a) Decommissioning Plan. Prior to issuance of an building ernits related to decommissioning activities, the applicant shall submit a Decommissioning Plan containing a narrative description of the activities to be accomplished for removing the encLU storage system from service and from the facility in which it is Iocated. The Decommissioning Plan shall also include:
(i) A narrative description of the activities to be accomplished, including who will dorm that activity and at what Roint in time for complete physical removal of all energy story e s stem components, structures equipment, security barriers and transmission lines from the site:
(ii) Disposal of all solid and hazardous waste in accordance with local state and federal waste disposal regulations;
(iii)The anticipated life of the BatteEy energy storage system, (iv)The manner in which the Batt energy story e s stem will be decommissioned and the Site restored including a description of how any chan es to the surrounding areas and others stems adjacent to the Battea energy storage system, such as but not limited to, structural elements building netrations means of egress, and re aired fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed-, and
(v) A listing of an contingencies for removing an intact ❑ erationaI energy storage system from service and for removing an energy storage s stem from service that has been damaged by a fire or other event.
b) Ownership Chan es. If the owner of the-Battea energy storage facilily changes or the owner of the 12ropgM changes, the project a royals shall remain in effectprovided that the successor owner or operator assumes in writing all the obligations of the project, site plan approval, and Decommissioning Plan. A new owner or operator of the BatteKy eneW storage facilily shall notify the Communily Development Department of such change in ownership or operator within thi 30 days of the ownership change. A new owner or operator must provide such notification to the Communi Development Department in writing. The project and all approvals for the Batter energy storage facilities shall be void if a new owner or operator fails to provide written notification to the Communijy Development Department in the re uired timeframe.

Reinstatement of a voided pLoject or approvals will be subject to the same review and approval proccsses for new applications under this cha ter. 6) Performance Measures and Standard Conditions of Approval.

The following measures shall be included as performance measures and standard conditions of approval for all energy story a facilities. a) Facilities shall not store gny productsy—oods,materials or containers outside of an building on -site.
15 b) Facilities shall comply with noise re uirements in Chapter 9.20 of this code. c) Operators shall address any nuisance safgq issues or violations of conditions of a roval within fo -ei ht hours of being notified -by the cijY that an issue exists. d) Prior to the issuance of a Certificate of Occu anc or Business License ggy operator of an eneW storage facility shall sin a statement acknowledging acceptance of all operational conditions of a royal associated with the approved entitlements for the facili1y.

Finding of Economic Benefit,• Public Benefit Agreement, Exempt Projects. a) Consistent with Public Resources Code section 25545.9 and in addition to all other findings and determinations necessaa for the grant of a CUP no conditional use permit for a EneEgv Storage Facility, shall be granted unless the City finds that the construction and operation of the facilily will have an overall net positive economic benefit to the City_ For purposes of this sub -section, economic benefits may include but are not limited to an of the following:
(i) Employment
00 Housing development.
(iii)Infrastructure and environmental improvements.
(iv)Assistance to public schools and education.
(v) Assistance to public safety agencies and departments. (vi) Propeqy taxes and sales and use tax revenues.
b) Consistent with Public Resources Code section 24454.10, no conditional use permit for a BatbM Energy Storage Facility, shall be granted unless the Cily has entered into a Legally binding and enforceable agreement with or that benefits the Cim where there is mutual benefit to the ies to the agreement. The topics and specific terms of the community benefits agreements ma vaU and ma include funding for or providing specific communily improvements or amenities such as park and pIgyRround equipment, urban gqeniLig, enhanced safely crossings, and paying roads and bike ap ths.
c) The Ci of Temecula finds and declares that where a Battely Energy Storage Facility, UtiIijy Scale is issued a certificate pursuant to Chapter 6.2(commencing with Section 25545 of Division 15 of the Public Resources Code and where such certificate is in lieu of a conditional use permit or other permit, certificate or document r uired b the Cijy. a community benefit agreement in the form described in subsection a above shall satisfy the obligations on Public Resources Code section 24454.10.

Section 17. Table 17.14.030 (Schedule of Permitted Uses — Open Space) of Section

OS-C-SM
Agricultural uses
-
C
C
Athletic field
P
Bicycle paths
P
C
C
Campground
C
I -
_
-
Caretakers' quarters
C
C
C
Cemeteries, mausoleums and related uses
C
C
-
-
Communications and microwave installations,
Flood control structures
C
C
C
C
Game courts, badminton tennis, racquetball
P
C
Golf driving range not part of a golf course
C
C
-
Golf course and clubhouse
C
C
-
-
Golf course resort (including accessory visitor supporting accommodations and commercial uses, such as hotels, fractional ownershi2 units, day spa, restaurants and conference center) C
-
-
-
Government and public utility facilities
C
C
C
C
G mnasium
C
Commercial marijuana activities
Marijuana cultivatiow
Nature centers/exhibits
P
C
C
-
Nurseries
_
C
_ I
_
Outdoor exhibits
P
P
P
_
Picnic group facilities
C
C
-
-
Private Rarks and recreation facilities
P
C
Parking areas
C
C
C
-
Public earks and recreation facilities
P
C
Recreational vehicle park
_
C
Riding stable, public or private
C
C -
E -
_
Shooting alleries, ranges, archery courses
-
C__
Single-family dwellings 1 unit per 40 acres
-
P
C
_
Tree farms
_
C
Note:

1. All development subject to the standards set forth in Section 17.06.080.

17.23.030 remaining unchanged:

2. One detached, new construction ADU that does not exceed that has a minimum four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling.

1. Se aration. All detached accessm dwelling units ADU's shall have a minimum 6 foot separation from the primary residence as measured in a straight line from exterior wall to exterior wall. Existing accessoKy structures converted to an ADU shall not be re uired to meet this standard.

7. Addressing. Addressing for all ADU and JADU units shall be as follows without exce tion:
a. The rim residential unit newly constructed or existing, shall be addressed according to existing_ policy and shall include an illuminated "Unit 1" identifier. This shall only be a licable if an ADU or JADU is proposed for the same parcel. b. A second residential unit an ADU or JADU shall bear the same main address as the rim residence with the additional unit bearing an illuminated "Unit 2" identifier. c. A third and final residential unit an ADU or JADU shall bear the same main address as the priMM residence with the additional unit bearing an illuminated "Unit 3" identifier. d. All addresses shall be Ie ible and physically installed in a prominent location on the building that clearly identifies which _pM is associated with each address and in accordance with Section 17.28.050 of this code.

H.
"Health and Exercise Club" means fitness centersgymnasiums, health and athletic facilities which charize a membership fee for access that may include indoor sauna or hot tub facilities.

S.
"Specialty market" means a retail market that specializes in a specific type or class of food, drink, and related products. Spe
18 . In no case shall a specialspecialjy market be less than ten thousand 10 000 s uare feet.

Section 24. Effective Date. This Ordinance shall take effect thirty (30) days after passage.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula the 28th day of November, 2023.

ATTEST:

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

STATE OF CALIFORNIA
)

COUNTY OF RIVERSIDE
) ss

CITY OF TEMECULA
)
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 280' day of November, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
20 Randi Johl, City Clerk

Notice of Public Hearing

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

Case No.: Long Range Project No. LR23-0180 Municipal Code Update Applicant: City of Temecula
Location: Citywide
Proposal: An Ordinance of the City Council of the City of Temecula amending Titles 5 and 17 of the Temecula Municipal Code making minor revisions to massage establishment, accessory dwelling unit, home occupation permits, and temporary use permit regulations, establish battery storage and shipping container standards, clarify the permitted uses allowed in the open space - conservation district, modify the definition of specialty market and restaurant, add definition for health and exercise clubs, make other clerical revisions.

Environmental Action: In accordance with the California Environmental Quality Act ("CEQA"), the proposed ordinance is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15061(b)(3)).

PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers
DATE OF HEARING: November 28, 2023
TIME OF HEARING: 6:00 PM
Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing.

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

Questions concerning the project(s) may be addressed to Mark Collins, City of Temecula Community Development Department, (951) 506-5172.

City of Temecula
Community Development
41000 Main Street • Temecula, CA 92590
Phone (951 ) 694-6400 • TemeculaCA.gov

VIA -ELECTRONIC SUBMITTAL
CEQAProces sina(& asrclkrec. com
November 29, 2023
Supervising Legal Certification Clerk
County of Riverside
P.O. Box 751
Riverside, CA 92501-0751
SUBJECT: Filing of a Notice of Exemption for Long Range Project Number LR23-0180, an update to Title 5 & 17 of the Temecula Municipal Code Dear Sir/Madam:

Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the City will pay for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The payment of the $50.00 filing fee is under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee.

Also, please email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below.

If you have any questions regarding this matter, please contact Mark Collins at email:

Mark. Co1hns(c-r�,TemeculaCA. gov.

Sincerely,
Luke Watson
Deputy City Manager
Enclosures: Notice of Exemption Form
Electronic Payment - Filing Fee Receipt

City of Temecula
Community Development
Planning Division
Notice of Exemption
TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula
P.O. Box 751 41000 Main Street
Riverside, CA 92501-0751 Temecula, CA 92590
Project Title: Long Range Project No. LR23-0180 Municipal Code Update Description of Project: An Ordinance of the City Council of the City of Temecula amending Titles 5 and 17 of the Temecula Municipal Code making minor revisions to massage establishment, accessory dwelling unit, home occupation permits, and temporary use permit regulations, establish battery storage and shipping container standards, clarify the permitted uses allowed in the open space -conservation district, modify the definition of specialty market and restaurant, add definition for health and exercise clubs, make other clerical revisions.

Project Location: Citywide
Applicant/Proponent: City of Temecula
The City Council approved the above -described project on November 28t'', 2023 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended.

Exempt Status: (check one)
❑ Ministerial (Section 21080(b)(1); Section 15268); ❑ Statutory Exemptions (Section Number:
❑Declared Emergency (Section 21080(b)(3); Section ® Categorical Exemption: (Section 15061 (b)(3)) 15269(a)); ❑ Other: Section 15162 Categorical Exemption ❑Emergency Project (Section 21080(b)(4); Section
15269(b)(c));
Statement of Reasons Supporting the Finding that the Project is Exempt:

In accordance with the California Environmental Quality Act (CEQA), the proposed ordinance has been deemed to be exempt from further environmental review as there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b) (3). The proposed ordinance amends the municipal code to make minor revisions to Massage Establishments, Home Occupation Permits, and Accessory Dwelling Units, implement standards for battery storage facilities and shipping containers, clarify permitted uses in open space zoning districts, update definitions of Specialty Market and Restaurant and correct other various typographical errors and omissions.

Contact Person/Title: Mark Collins, Assistant Planner Telephone Number (951) 506-5172 Signature:

Luke Watson, Deputy City Manager
Date received for filing at the County Clerk and Recorders Office:

Date:

Item No. 15

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: November 28, 2023
SUBJECT: Approve 2023 Annual Public Recognitions Pursuant to Policy (At the Request of Subcommittee Members Alexander and Stewart)
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council approve the 2023 annual public recognitions pursuant to policy.

BACKGROUND: On January 10, 2023 the City Council approved its citywide Public Recognitions Policy. Pursuant to policy, all requests for memorial, monument, facility -naming or related recognitions are considered annually each year by the Public Recognitions Subcommittee prior to being submitted to the full City Council for consideration. All submissions must be processed through the publicly accessible portal where requestors may submit their application, note the type of recognition they are seeking, and provide supplemental documentation in support of the criteria required for the various recognitions. The 2023 Public Recognitions Subcommittee, consisting of Mayor Pro Tem Stewart and Council Member Alexander, met on August 14, 2023 to consider the following recognitions and were supportive of the same:

1. Ed Morel — 2023 Community Leader Award of Distinction

2. Rosie Vanderhaak — Naming of Conference Room in the Ronald H. Roberts Library

3. Roger Epperson — Naming of Stampede Parking Lot

4. Ronald Parks — Naming of Community Recreation Center

5. Wilder Hills — Sign Placement Pursuant to 2013 Resolution In addition, the subcommittee was supportive of placing a perpetual plaque outside of the Temecula Police Substation in Old Town Temecula to honor fallen public safety personnel, including Deputy Sheriff Edward M. Schrader. With the City Council's approval, staff will complete all recognitions proposed in the upcoming year with the appropriate celebrations and notifications. Staff will contact the recipients and/or families of the recipients directly to schedule the recognitions.

FISCAL IMPACT: None
ATTACHMENTS: 1. Public Recognitions Policy

2. Ed Morel Nomination Packet

3. Rosie Vanderhaak Nomination Packet

4. Roger Epperson Nomination Packet

5. Ron Parks Nomination Packet

6. Wilder Hills Recognition Packet

CITY OF TEMECULA

CITY COUNCIL POLICY
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At
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The Heart of Southern Califarnia
Wine Country
Title:

Public Recognitions Policy
Policy No.

TBD
Approved:

January 10, 2023
Revised:

N/A
PURPOSE:

The purpose of this City Council policy is to ensure an effective and efficient process for the consideration and conduct of various public recognitions by the City Council.

POLICY:

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

Public Recognitions Ad Hoc Subcommittee
A subcommittee shall be appointed annually as part of the City Council subcommittee review and selection process in January. To the extent possible, the subcommittee shall include both short and long tenured members of the City Council. The subcommittee will consider all public recognitions that include a nomination component (Community Leader Award of Distinction, Council Member Award of Recognition Upon Retirement, Wall of Honor, and Memorial, Monument and/or Facility Naming). The subcommittee will consider all nominations in a calendar year together and make recommendations to the full City Council. The subcommittee will function similarly to other ad hoc subcommittees that consider items on a calendar year basis.

Standard Certificates of Recognition
Standard certificates of recognition may be provided at the request of City residents, community leaders, businesses, nonprofit organizations, and/or Council Members. Standard certificates shall include those designated in the chart below. Such certificates shall be presented on behalf of the City of Temecula and shall be signed by a single signatory in the following order: (1) Council Member attending a related event, (2) Mayor, (3) Mayor Pro Tempore, or (4) Council Member designated by the Mayor. 1 Certificate of
Student of the Month, Student of the Year, Girl
Common
Achievement
Scouts, Eagle Scouts, Student Sports and
/ Monthly
Competitions, Youth in Government
2 Certificate of
Former Board and Commission Members, Meeting
Common
Appreciation
Entertainment
3 Certificate of
Acts of Bravery, Heroism (Resident Assistance in
Rare
Commendation
Emergency Circumstances), Veterans

4 Certificate of
25th/50th/75th/100th Birthdays, Wedding
Rare
Congratulations
Anniversaries, Retirements
5 Certificate for Grand
New Businesses / New Owners / Chamber of
Common
Opening / Ribbon
Commerce (Economic Development Requests)
Cutting
6 Certificates of
Miscellaneous — Noteworthy Residents, Non -Profits,
Common
Recognition
Foundations, Chamber Gala
7 Certificate of
In Memoria, Adjournments
Rare
Remembrance
8 Certificate of Welcome
Sister City Dignitaries
Rare
Proclamations
Proclamations may be provided at the request of residents, businesses, nonprofit organizations and/or Council Members. The City Council shall approve annually a list of proclamations proposed to be issued for the calendar year. Unless three or more Council Members pull a proclamation from the list indicating exclusion, all proclamations on the annual list shall be issued for presentation via mail or in -person as requested. Proclamations shall be presented on behalf of the City of Temecula and shall be signed by a single signatory in the following order: (1) Mayor, (2) Mayor Pro Tempore, or (3) Council Member designated by the Mayor.
1 Proclamation
Day, Week or Month of Observation Consistent with
Common
Regional, State and/or National Recognition for
Public Awareness / Education Purposes
2 Proclamation — Person
Recognition of Day in Celebration of a Person
Rare
(Council Member, Founding Member)
Pins and Medals
Pins and medals may be provided at the request of residents, businesses, nonprofit organizations and/or Council Members. Pins and medals shall include those designated in the chart below. Pins and medals shall be accompanied by a related certificate and shall be presented via mail or in -person as requested.

Pins and medals shall be presented on behalf of the City of Temecula and any related certificate shall be signed by a single signatory in the following order: (1) Mayor, (2) Mayor Pro Tempore, or (3) Council Member designated by the Mayor.
1 Boy Scout / Girl Scout
Eagle Scout, Bronze/Silver/Gold Award, or Similar
Noteworthy Accomplishment
Common
2 Hero's Medal and Pin
Acts of bravery and courage in the service of others
Rare
Community Leader Award of Distinction
A Community Leader Award of Distinction may be provided to a resident and/or nonprofit or business affiliate upon recommendation of the Public Recognitions Subcommittee. Such award is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any

related certificate shall be signed by all Council Members. To be eligible for such an award, a nominee must meet the following criteria:

Criteria

1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline.

2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, are well known and recognized by a significant segment of the community and their respective industry (education, nonprofit, business).

3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee.

4. Public Recognition — During an in -person recognition at a City Council meeting, the nominee will receive a framed award signed by all Council Members, a swag bag from the City, and other recognitions from the community/industry as they deem appropriate.

Council Member Award of Recognition Upon Retirement
A Council Member Award of Recognition Upon Retirement shall be provided to retiring Council Members as indicated below. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate shall be signed by all Council Members. To be eligible for such an award, a nominee must meet the following criteria:

Criteria

1. Internal Form —The requisite recognition form, with supporting documentation, is submitted by relevant staff to the City Clerk's Office pursuant to instructions by the relevant deadline.

2. Service —The subject Council Member has completed a minimum of one full -term if elected or the whole of an unexpired term if appointed.

3. Subcommittee Consideration — The subject Council Member received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee.

4. Public Recognition —The subject Council Member receives recognition based on tenure with optional community recognitions at th meeting. While Board and Commission service is noted as part of the presentation, it is not counted towards years of service for purposes of recognition categories below:

A. One Term (4 Years) — The subject Council Member receives an engraved plaque with years of service, a commemorative street sign, and a swag bag from the City.

B. Two —Three Terms (8-12 Years) — The subject Council Member receives an engraved plaque with years of service, a framed proclamation recognizing member's retirement date as Member's Day, a commemorative street sign, and a swag bag from the City.

C. Four Terms and Beyond (16+ Years) — The subject Council Member receives a shadow box with a key to the City, a proclamation recognizing member's retirement date as Member's Day, a commemorative street sign, and a swag bag from the City.

Wnll of Wnnnr
A Wall of Honor recognition may be provided to any deserving individual (i.e., resident, service club member, former Council Member, Commissioner or staff, nonprofit or business affiliate, etc.) upon recommendation of the Public Recognitions Subcommittee. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate

shall be signed by all Council Members. To be eligible for such a recognition, a nominee must meet the following criteria:

Criteria

1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline.

2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, have extended beyond a 10 year period of time, are well known, and recognized by a significant segment of the community and/or their respective industry (education, nonprofit, business).

3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee.

4. Public Recognition — During an in -person recognition at a City Council meeting, the nominee will receive a framed award signed by all Council Members and the nominee's name will be incorporated into the perpetual Wall of Honor plaque located at City Hall.

Memorial, Monument and/or Facility Naming
A memorial, monument and/or facility naming recognition may be provided to any deserving individual (i.e., resident, service club member, former Council Member, Commissioner or staff, nonprofit or business affiliate, etc.) upon recommendation of the Public Recognitions Subcommittee. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at the site of the thing and/or place to be named. Any related certificate shall be signed by all Council Members. To be eligible for such a recognition, a nominee must meet the following criteria:

Criteria

1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline.

2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, have extended beyond a 20 year period of time, are well known, and recognized by a significant segment of the community and/or their respective industry (education, nonprofit, business). Such contributions exceed all other contributions in community value such that there is no other public recognition that can be applied.The 20 year period of time is subject to review and adjustment by the full City Council.

3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee.

4. Public Recognition — During an in -person recognition, the nominee will receive a framed award signed by all Council Members and the nominee's name will be incorporated into the subject memorial, monument and/or facility.

Miscellaneous
The following non-standard recognitions shall not have a political, religious, lifestyle, and/or commercial association: Community Leader Award of Distinction, Wall of Honor, Memorial, Monument, and/or Facility Naming. In addition, Resolutions of Principle, defined as statements in which an organization describes its collective beliefs, values, and intentions towards a particular topic(s), will not be issued by the Council and are not included as a part of this policy.

Naomi Frontela
From: [email protected]
Sent: Tuesday, October 3, 2023 4:45 PM
To: Naomi Frontela; Erika Ramirez; Randi Johl
Subject: Online Form Submittal: Public Recognitions Request Application Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Public Recognitions Request Application
Public Recognitions Request
Please reference the requirements for each award in the Public Recognition Policy here.

Please select the
recognition that you are
requesting:

Please list your preferred
City Council meeting dates)
for the recognition
requested and any other
related details.

Requestor Information
(Section Break)
Community Leader Award of Distinction
When appropriate to schedule
(Section Break)
For the following recognitions, the requestor must be different from the recipient as this will be considered as a nomination: Community LeaderAward of Distinction, Wall of Honor, Memorial, Monument and/or Facility Naming Requestor First and Last Jessica
Name
1 Organization (If Applicable)/ Temecula City Council
Relationship to Nominee
Requestor Phone Number
Requestor Email Address [email protected] Requestor Address 41000 Main St
City Temecula
State CA
Zip Code 92590
(Section Break)
Nominee Information
Nominee First and Last
Ed Morel (deceased)
Name
Organization (If Applicable)
Field not completed.

Nominee Phone Number
N/A
Nominee Email Address
N/A
Nominee Address
N/A
City
State
N/A
N/A
Zip Code N/A
(Section Break)
Please explain in detail the

ED MOREL
reason you are making this
request and why you would
Ed Morel was the founder and owner of Viper Volleyball. He like the Council to consider
started Viper Volleyball for his daughter Kylie, back in 1996. this recognition:

His greatest joys were his family, including his wife, Lani, who owns Temecula Dance Company and two daughters, Katie and Kylie.

While residing in the City of Temecula and operating several Temecula -based businesses, Ed proudly served on the board of directors of several charities, including the Make A Difference Foundation, which had given many Viper players, coaches, families and friends the opportunity to serve those less fortunate.

Ed Morel should be recognized for his community participation and leadership in Temecula because of the significant impact he had on the local community and the positive change he brought about. His philanthropic endeavors, dedication, and love for people, inspired many. Mr. Morel quietly assisted orphanages in Tijuana, Mexico. He also had a heart for the unsheltered and homeless. Through generous contributions of his time/talent, Mr. Morel was routinely engaged with nonprofits like Project Touch and Community Mission of Hope helping others where and how he could. Ed believed in the spirit of connection through people. Those people were and are
Temecula residents and businesses.

Furthermore, as a successful entrepreneur, Ed owned and operated multiple thriving businesses in Temecula, contributing to the growth and success of the local economy. His
commitment to excellence, perseverance, and business
acumen not only led to the prosperity of his own company but also earned him the respect and admiration of his colleagues and peers.

Ed's leadership by example and his ability to lead with warmth, kindness, and genuine love for others made a lasting impact on the hearts of those he touched. He was dedicated to giving back to the community, and his lifelong dedication to
philanthropy and community service is deserving of
recognition. Ed Morel's involvement in the community of Temecula has left a positive imprint on the lives of many, making him an exceptional leader worthy of recognition and appreciation. Ed Morel passed away in 2022.

Impact Statement
Please see the Public Recognition Policy here for additional details.

For the following awards listed below, please complete the Impact Statement in its entirety:

Community Leader Award of Distinction
Wall of Honor
Memorial, Monument and/or Facility Naming

IMPACT STATEMENT
• Resume - Please demonstrate proof of impact of the nominee to the community with dates of service included in the resume. • Letter(s) of Recommendation
• Additional Documentation - Opportunity to further support the nominee's impact on the community
Period of time as well as contributions recognized by a significant segment of the community and their respective industry (education, nonprofit, business) will be considered upon review of request.

Resume of Nominee
Letter(s) of
Recommendation
Additional Documentation
Any Additional Comments?
Ed Morel nominationJA.docx
Ed Morel nominationJA 1.docx
Field not completed.

N/A
Electronic Signature I declare under penalty of perjury under the laws of the State of Agreement California that the foregoing is true and correct.

Electronic Signature Jessica Alexander
After submitting this form, you will be contacted shortly regarding the status for your request.

Thank you!
Email not displaying correctly? View it in your browser. 4 ED MOREL
Ed Morel was the founder and owner of Viper Volleyball. He started Viper Volleyball for his daughter Kylie, back in 1996. His greatest joys were his family, including his wife, Lani, who owns Temecula Dance Company and two daughters, Katie and Kylie.

Morel quietly assisted orphanages in Tijuana, Mexico. He also had a heart for the unsheltered and homeless. Through generous contributions of his time/talent, Mr. Morel was routinely engaged with nonprofits like Project Touch and Community Mission of Hope helping others where and how he could. Ed believed in the spirit of connection through people. Those people were and are Temecula residents and businesses.

Furthermore, as a successful entrepreneur, Ed owned and operated multiple thriving businesses in Temecula, contributing to the growth and success of the local economy. His commitment to excellence, perseverance, and business acumen not only led to the prosperity of his own company but also earned him the respect and admiration of his colleagues and peers.

Ed's leadership by example and his ability to lead with warmth, kindness, and genuine love for others made a lasting impact on the hearts of those he touched. He was dedicated to giving back to the community, and his lifelong dedication to philanthropy and community service is deserving of recognition. Ed Morel's involvement in the community of Temecula has left a positive imprint on the lives of many, making him an exceptional leader worthy of recognition and appreciation. Ed Morel passed away in 2022.

Naomi Frontela
From: [email protected]
Sent: Monday, October 2, 2023 6:47 PM
To: Naomi Frontela; Erika Ramirez; Randi Johl
Subject: Online Form Submittal: Public Recognitions Request Application CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Public Recognitions Request Application
Public Recognitions Request
Please reference the requirements for each award in the Public Recognition Policy here.
(Section Break)
Please select the
Memorial, Monument and/or Facility Naming
recognition that you are
requesting:

Please list your preferred
We are requesting to rename the Community Room at Ronald City Council meeting date(s)
H. Roberts Temecula Public Library as the "Rosie Vanderhaak for the recognition
Community Room" to honor her 50+ years of service to our requested and any other
community. This has been discussed before the Public
related details.

Recognitions Subcommittee twice and the subcommittee has been supportive of the proposal. So far, Rosie is unaware of being nominated, and we would like to keep it as a surprise (Section Break)
Requestor Information
For the following recognitions, the requestor must be different from the recipient as this will be considered as a nomination: Community LeaderAward of Distinction, Wall of Honor, Memorial, Monument and/or Facility Naming Requestor First and Last Erica Russo
Name
1 Organization (If Applicable)/ Field not completed.

Relationship to Nominee
Requestor Phone Number
Requestor Email Address
Requestor Address
City
State
Zip Code
Nominee Information
Nominee First and Last
Name
[email protected]
41000 Main St.

Temecula
CA
92590
(Section Break)
Rosie Vanderhaak
Organization (If Applicable) Field not completed.

Nominee Phone Number
Nominee Email Address
Nominee Address
City
State
Zip Code
30600 Pauba Rd
Temecula
CA
92592
(Section Break)
Please explain in detail the
Rosie has been a resident of Temecula since 1971, and began reason you are making this
working in Temecula's libraries in 1972, when our "library" was request and why you would
a tiny storefront in Tower Plaza. She went on to be
like the Council to consider
instrumental in the development of the Ronald H. Roberts this recognition:

Temecula Public Library, which opened in 2006, and was
hand -selected to be its manager, a position she held with the utmost professionalism and dedication until her retirement last month. Under her stellar leadership, our Library has continued to be the most successful in the entire Riverside County Library System, with greater circulation, visitors, library cards issue, and program participation that any other library in the county. In addition to her 50+ years of service to libraries and literacy in our community, she has also served on the TVUSD School
N

Board for eight years, the City's Blue Ribbon Committee, and continues to serve on the Board of the Temecula Public
Cemetery District, a post she has held since 2011. Several years ago, she began volunteering as a "puppy raiser" for Canine Companions, an organization which trains and places service dogs with veterans and others with disabilities. Even in her well deserved retirement after half a century of service, she continues to serve her community in multiple, vital ways.

Naming the Community Room at the Library after Rosie is a fitting tribute to her decades of selfless dedication.
(Section Break)
Impact Statement
Please see the Public Recognition Policy here for additional details.

For the following awards listed below, please complete the Impact Statement in its entirety:

Community Leader Award of Distinction
Wall of Honor
Memorial, Monument and/or Facility Naming

IMPACT STATEMENT
• Resume -.Please demonstrate proof of impact of the nominee to the community with dates of service included in the resume. • Letter(s) of Recommendation
Additional Documentation - Opportunity to further support the nominee's impact on the community
Period of time as well as contributions recognized by a significant segment of the community and their respective industry (education, nonprofit, business) will be considered upon review of request.

Resume of Nominee Rosie Vanderhaak resume.pdf
Letter(s) of Rosie Vanderhaak Community Room recommendation.pdf Recommendation
Additional Documentation Letter of Support for Rosie.pdf

Any Additional Comments?
Electronic Signature
Agreement
Electronic Signature
Field not completed.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Erica Russo
After submitting this form, you will be contacted shortly regarding the status for your request.

Thank you!
Email not displaying correctly? View it in your browser.

Rosie Vanderhaak
Resume
Manager, Temecula Public Libraries
1971— Present
- Instrumental in developing, acquiring funding for, and then managed Ronald H. Roberts Temecula Public Library from its opening in 2006 until her retirement in 2023. Under her leadership, the Library became the busiest library in all of Riverside County, serving over a half -million visitors per year
- Developed and maintained exceptional library resources, including a legal library, genealogical resources, and The Homework Center for tutoring in conjunction with TVUSD
- Advocated for the creation of and later managed Grace Mellman Public Library upon its opening in 1992
- Working in Temecula's very first library, a tiny storefront in Tower Plaza Trustee, California Public Cemetery District Board 2011— Present Volunteer Puppy Raiser, Canine Companions 2021— Present Member, Temecula Blue Ribbon Committee 2010
Trustee, Temecula Valley Unified School District Board 1988 —1997

» RONALD H. ROBERTS
(eZ�WoT PUBLIC LIBRARY
September 29, 2023
City of Temecula
Public Recognitions Subcommittee
41000 Main St.

Temecula, CA. 92590
It is my distinct pleasure to recommend the renaming of the community room at the Ronald H. Roberts Temecula Public Library the Rosie Vanderhaak Community Room, honoring her unparalleled 50 years of dedicated library service in Temecula.

A Temecula resident since 1971, Rosie raised her three children here. She served nine years on the Board of Trustees of the Temecula Valley Unified School District, on the Temecula-Murrieta Interagency Council with the Temecula Valley Unified School District and was a member of the Blue Ribbon committee for the City of Temecula's development of the Quality of Life Master Plan for Temecula. Since 2011, she has served on the board of the cemetery district, heading a committee to develop a five-year plan to renovate the Temecula Public Cemetery. But, exceptional library services for our entire community have been her true heart and driving passion.

Rosie's library career began at the original community library where it was housed in a cramped 750 sq. ft. storefront in Tower Plaza. When the library faced closure due to budget constraints, she offered to work free of charge. With Temecula's incorporation in 1989 and the great housing boom came increased demand for a much larger library. Rosie was instrumental in seeking support for the building of the Temecula Public Library (later renamed the Grace Mellman Community Library) in 1992. While Library Manager, library services continued to expand and flourish soon necessitating an even larger, state of the art library. The beautiful 34,000 sq. ft. Ronald H.

Roberts Temecula Public Library opened in December 2006 and it continues to be exponentially the busiest library in Riverside County to this day. Under her 17 years of visionary leadership as Branch Manager, the Ronald H.

Roberts Temecula Public Library has provided a dazzling array of library services, programs and meeting space for countless customers from babies to senior citizens, local service groups, and small businesses. Her impact on the library and our community has been huge and lasting.

Congressman Darrell Issa nominated the Ronald H. Roberts Temecula Public Library for the 2023 National Medal for Museum and Library Service, the highest honor for institutions making significant contributions to their communities. This would not have been possible were it not for Rosie's tireless dedication to providing truly outstanding library services. Working with Rosie for 31 years has been a true joy and a privilege. I cannot think of a more befitting way to honor her 50 year legacy of stellar and exceptional contributions to the library, the City of Temecula and its citizens than by renaming the library's community room the Rosie Vanderhaak Community Room.

Respectfully,
Ginger A. Safstrom
Branch Manager
30600 Pauba Road, Temecula, CA 92592
(951) 693-8900
www.temeculalibrary.org www.rivlib.net

Teme,��
Friends of the Temecula Libraries
YSupporting the Grace Mellman Community Library and the Ronald H. Roberts Temecula Public Library
Since 1979
October 30, 2023
BOARD OF DIRECTORS Ms. Erica Russo
Director of Community Services

PHYLLIS RUSE
City of Temecula
President
41 000 Main Street
DARLENE A. LYNN
Treasurer
Temecula, CA 92590

JUDY FRAYNE
Secretary
Dear Ms. Russo,

LINDA SCHNEIDER
Auditor
It is with great pleasure and respect that on behalf of the Friends of the Dirrectorector DiLEJANDRE
Temecula Libraries, I ask and encourage the City of Temecula to

KATHIBOLLENGER
rename community rooms A & B at the Ronald H. Roberts Temecula Public Director
Library to the Rosie Vanderhaak Community Rooms A & B.

PAISLEY CATO
Director
I have personally known Ms. Vanderhaak for nearly 30 years and have TERIMeNALLY
Director
had the privilege of working with her in the design, construction and operations of the Ronald H. Roberts Temecula Public Library over that Director JE
CtaY
time. Ms. Vanderhaak has devoted over 50 years of public service in this community and has provided excellent service to the patrons of our libraries. She has succeeded in operating the busiest library in all

CONSULTANTS
of Riverside County with grace, dignity and a smile on her face.

Joseph Koehler
Certified Public Accountant
Upon her well-earned and deserved retirement, I can think of no Efren Nava, Esq.

Attorney at Law
greater recognition of her service and devotion to this community and of our gratitude and esteem for her than to name the community rooms for Ms. Vanderhaak.

Thank you for your conderation of this request. I look forward to seeing an appropriate recognition for such an amazing person.

Sincerely,
PhyU,�k L. 12 wsel
Phyllis L. Ruse
President
Post Office Box 817 Temecula, California 95293 (951) 302-1257 www.friendso8hetemeculalibraries.or¢ Friends of the Temecula Libraries is a 501(c)(3) not for profit organization. Federal Tax ID #95-3374803

Naomi Frontela
From: [email protected]
Sent: Thursday, August 31, 2023 10:38 AM
To: Naomi Frontela; Erika Ramirez; Randi Johl
Subject: Online Form Submittal: Public Recognitions Request Application Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Public Recognitions Request Application
Public Recognitions Request
Please reference the requirements for each award in the Public Recognition Policy here.

Please select the
recognition that you are
requesting:

Please list your preferred
City Council meeting dates)
for the recognition
requested and any other
related details.

Requestor Information
(Section Break)
Memorial, Monument and/or Facility Naming
none
(Section Break)
For the following recognitions, the requestor must be different from the recipient as this will be considered as a nomination: Community LeaderAward of Distinction, Wall of Honor, Memorial, Monument and/or Facility Naming Requestor First and Last Sherrie Munroe
Name
1 Organization (If Applicable)/ 4M Engineering / Friend Relationship to Nominee
Requestor Phone Number
Requestor Email Address
Requestor Address 41635 Enterprise Circle N., Suite B
City Temecula
State CA
Zip Code
Nominee Information
92590
(Section Break)
Nominee First and Last Roger Epperson
Name
Organization (If Applicable) Rancho Land Associates
Nominee Phone Number deceased
Nominee Email Address deceased
Nominee Address c/o Neil Cleveland, Rancho Land Associates 28043 Del Rio Road
City Temecula
State Ca
Zip Code 92590
(Section Break)
Please explain in detail the
We are requesting a Memorial Facility Naming for the Public reason you are making this
Parking Lot behind the Stampede / Baily's buildings on Old request and why you would
Town Front Street. We are requesting that this Public Parking like the Council to consider
Facility be named "The Roger Epperson Memorial City Parking this recognition:

Lot". Roger Epperson, with his business partner Neil
Cleveland, opened the doors to Rancho Land Associates in Temecula 46 years ago. They were, and continue to be, one of the earliest Chamber of Commerce Members. Roger lived and worked in this community this entire time, and was instrumental in helping move the vision of Old Town the City has had forward with his involvement with the Specific Plan, and commitment to the sense of arrival for the south end of town N

with beautification modifications to the Stampede building he and Neil have owned for many years. He was essential in assisting the city first with this public lot via a parking agreement with the city, then with the city endeavors to improve Murrieta Creek after the flooding of Old Town, then with the improvement of the existing parking lot to better accommodate visitors. He contracted first Larry Markham with MDMG, and then later (after Mr. Markham's retirement) 4M Engineering at his own expense to assist the city with join conditions and survey data; provided the city with an ADA path of travel back to Front Street, and paid us to assist city staff and consultants with the parking betterment and compliance with all state codes and regulations for this. Sadly„ Roger did not live to see this completed, and passed away in July of this year. In his honor and memory, with the support of city staff, we respectfully request he be honored in this fashion. Thank you in advance for your consideration in this, and see attached for support letters, resume and information. We are available for any questions or backup you need to move this forward.

Impact Statement
Please see the Public Recognition Policy here for additional details.

For the following awards listed below, please complete the Impact Statement in its entirety:

Community Leader Award of Distinction
Wall of Honor
Memorial, Monument and/or Facility Naming

IMPACT STATEMENT
• Resume -.Please demonstrate proof of impact of the nominee to the community with dates of service included in the resume. • Letter(s) of Recommendation
• Additional Documentation - Opportunity to further support the nominee's impact on the community

Period of time as well as contributions recognized by a significant segment of the community and their respective industry (education, nonprofit, business) will be considered upon review of request.

Resume of Nominee RWE Resume.Ddf
Letter(s) of Letters Bound.pdf
Recommendation
Additional Documentation Field not completed.

Any Additional Comments? Thank you
Electronic Signature I declare under penalty of perjury under the laws of the State of Agreement California that the foregoing is true and correct.

Electronic Signature Sherrie L. Munroe
After submitting this form, you will be contacted shortly regarding the status for your request.

Thank you!
Email not displaying correctly? View it in your browser.

ROGER W. EPPERSON
Rancho Land Associates 128046 Del Rio Rd., Ste C, Temecula, CA 92590

EXPERIENCE
President and CFO, Rancho Land Associates; Temecula, CA—1977-2023 • Managed land acquisitions, entitlement processes, and development projects. • Facilitated the procurement, development, and construction of commercial real estate properties.
• Orchestrated leasehold improvements and successfully negotiated leasing agreements. • Played an active role in multiple city planning specific plans within the Temecula region. • Provided comprehensive oversight and proficiently managed commercial and industrial property portfolio.

Real Estate Consulting, Excel National Bank; Temecula, CA — 2012-2018 Provided strategic counsel to a National Bank regarding real estate ownership and divestment strategies.

Demonstrated effective oversight in analyzing valuation and managing the disposition of real estate owned assets.

Land Real Estate Agent, Rancho California Development; Temecula, CA—1974-1977 • Played a pivotal role in the initial establishment of Rancho California. • Functioned as a licensed real estate agent specializing in the sale of agricultural and various other real estate properties.

Stock Trader, Pacific Stock Exchange; Los Angeles, CA—1972-1974 Executed trades on the Pacific Stock Exchange, leveraging in-depth knowledge of market trends and analysis.

Strategically identified and capitalized on short-term trading opportunities.

Managed and diversified a portfolio of stocks, options, and other financial instruments.

EDUCATION
California State University, Long Beach — Long Beach, CA Bachelor of Science in Finance, 1972

AWARDS & ACCOMPLISHMENTS
Founder of Bear Creek Golf Cub in Murrieta, CA
Licensed California Broker since 1989
Company Chamber of Commerce Member since 1981
This resume has been prepared posthumously on to serve as background on Roger Epperson's experience in business and the community in Temecula, CA and the greater Southern California area. For more information, please contact Katie Epperson at or Neil Cleveland at nmcleve(@sbcglobal.net.

August 25th, 2023
Clerks Office
City of Temecula
41000 Main Street
Temecula, CA 92590
To Whom It May Concern,
I am writing this letter to wholeheartedly endorse the proposal to name the South Side Public Parking Lot located behind the Temecula Stampede and Baileys in Temecula, CA, after the late Roger W. Epperson.

Mr. Epperson was a remarkable individual who made significant contributions, in many quiet and subtle ways, to our community throughout his lifetime. It is my honor to express my enthusiastic support for this well -deserved recognition.

Roger W. Epperson was more than a resident; he was a dedicated and longstanding member of the Temecula community. He moved to Temecula in the 1970s and became deeply invested in the growth and development of Old Town Temecula. Roger, over the course of his life, has demonstrated an unwavering commitment to Temecula's prosperity and progress.

For over four decades, Mr. Epperson was a property owner in our town, including an ownership interest in the Temecula Stampede Building, a cornerstone building in Old Town Temecula. His contributions went beyond his ownership; he actively engaged with the community and leveraged his position to foster positive change. In 1999, he demonstrated his dedication by selling the parking lot in question to the City of Temecula, displaying his foresight in contributing to the infrastructure of Old Town Temecula.

Mr. Epperson participated in the community meetings and with City Staff by adding critical and valuable provisions and direction to the Old Town Specific Plan, shaping the character and charm that define Temecula's historic heart. His passion for maintaining the town's unique identity was evident in every endeavor he undertook. Beyond his professional pursuits, he was a resident who not only operated his business in Temecula but also resided within the town's borders. This genuine connection allowed him to understand and address the needs of the community with remarkable insight.

Furthermore, Mr. Epperson's partnership with Neil Cleveland in Rancho Land Associates (a company that is one of the longest standing members in the Chamber of Commerce) and his collaborative efforts with individuals at City Hall showcased his dedication to facilitating positive relationships for the betterment of Temecula. His integrity, honesty, and upstanding character were hallmarks of his interactions, leaving a lasting impression on all who had the privilege of working with him.

Page 1 of 2 ends

Temecula City CouncilNovember 28, 2023

Temecula City Council
November 28, 2023