Agenda — Temecula City Council, November 28, 2023 (part 1 of 3)

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11].

AGENDA

TEMECULA CITY COUNCIL

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
NOVEMBER 28, 2023 - 6:00 PM

COUNCIL MEMBER CURTIS BROWN

TO PARTICIPATE ELECTRONICALLY
VIA ZOOM FROM: SHERATON MAUI
2605 KAANAPALI PARKWAY
LAHAINA, MAUI, HI 96761
CLOSED SESSION - 5:00 PM
CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to two matters of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City and the City Council will decide whether to initiate litigation.

CALL TO ORDER: Mayor Zak Schwank
INVOCATION: Antonio Madrigal of The Eschatologist
FLAG SALUTE: Mayor Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

PRESENTATIONS
Certificates of Recognition to Temecula Preparatory School Girls Volleyball CIF Champions Certificates of Recognition to Temecula Pony All Stars 14U Western Division Champions

BOARD / COMMISSION REPORTS
Community Services Commission, Planning Commission and Race, Equity, Diversity and Inclusion Commission

PUBLIC SAFETY REPORT
County of Riverside, Riverside County Sheriffs Department

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City Council Agenda November 28, 2023

PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited.

Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to [email protected]. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports.

CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the City Council on matters on the Consent Calendar.

Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images maybe displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to [email protected].

All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation:

That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.

Attachments: Agenda Report

2. Aonrove Action Minutes of November 14. 2023
Recommendation: That the City Council approve the action minutes of November 14, 2023.

Attachments: Action Minutes

3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

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City Council
Agenda November 28, 2023

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A
Attachments: Agenda Report
Resolution
List of Demands

4. Adopt Ordinance No. 2023-11 Amending Title 17 of the Temecula Municipal Code to Implement the Programs in the City's Housing Element (Second Reading) Recommendation: That the City Council adopt an ordinance entitled:

ORDINANCE NO. 2023-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 17 OF THE TEMECULA

MUNICIPAL CODE TO IMPLEMENT THE PROGRAMS IN THE
CITY' S HOUSING ELEMENT BY (1) ADDING DEFINITIONS FOR

AGRICULTURAL EMPLOYEE HOUSING, EMPLOYEE HOUSING,

FAMILY DAY CARE HOME, LARGE FAMILY DAY CARE HOME,

LOW BARRIER NAVIGATION CENTER AND SMALL FAMILY
DAY CARE HOME, (2) PROVIDING THAT EMPLOYEE HOUSING

AND AGRICULTURAL EMPLOYEE HOUSING ARE PERMITTED
USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3)

PROVIDING THAT RESIDENTIAL CARE FACILITIES FOR THE

ELDERLY (SEVEN OR MORE) ARE PERMITTED USES IN THE HR,
RR, VL, L-1, L-2, LM, HR-SM ZONES, (4) PROVIDING THAT

RESIDENTIAL CARE FACILITIES (SEVEN OR MORE) ARE
PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND
HR-SM ZONES, (5) PROVIDING THAT COMMUNITY CARE
FACILITIES ARE PERMITTED IN ALL RESIDENTIAL ZONES, (6)
ADDING SUPPORTIVE HOUSING STANDARDS, (7) PROVIDING

THAT SUPPORTIVE HOUSING, TRANSITIONAL HOUSING AND

LOW BARRIER NAVIGATION CENTERS ARE PERMITTED USES
IN THE NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO-5, PDO-6, PDO-7, PDO-10, AND PDO-14 ZONES, (8) PROVIDING THAT

TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING ARE A
PERMITTED USE IN THE PDO-11, PDO-12 AND PDO-15 ZONES, (9) UPDATING EMERGENCY SHELTER PARKING STANDARDS, (10)

REVISING REASONABLE ACCOMMODATION REGULATIONS,
(11) REVISING PARKING STANDARDS FOR MULTI -FAMILY
RESIDENTIAL USES WITH 12 UNITS OR LESS, (12) MAKING

OTHER REVISIONS TO CONFORM WITH CHANGES IN STATE
LAW, AND (13) MAKING A FINDING THAT NO FURTHER

ENVIRONMENTAL REVIEW IS REQUIRED UNDER CALIFORNIA

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City Council Agenda November 28, 2023
ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15162
Attachments: Agenda Report
Ordinance

5. Adopt Ordinance No. 2023-12 Amending Title 17 of the Temecula Municipal Code Pertaining to Accessory Dwelling Unit Regulations (Second Reading) Recommendation: That the City Council adopt an ordinance entitled:

ORDINANCE NO.2023-12

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17.23 OF TITLE 17 OF THE

TEMECULA MUNICIPAL CODE PERTAINING TO ACCESSORY

DWELLING UNIT (ADU) REGULATIONS AND PROVIDING THAT
ADUS ARE PERMITTED IN THE PDO-5, PDO-7, PDO-9, PDO-10,
PDO-11, PDO-12, AND PDO-15 ZONES, AND REVISING ADU

REGULATIONS, AND MAKING A FINDING THAT THE

ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW
PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17
Attachments: Agenda Report
Ordinance

6. AUUrove Citv Council Meetine Schedule for December 2023 Recommendation: That the City Council approve the cancellation of the December 26, 2023 meeting.

Attachments: Agenda Report

7. Approve Grant Agreement with the Department of Housing and Urban Development for Community Project Funding for the DePortola Road/Jedediah Smith Road Roundabout Project, PW23-01
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA TO APPROVE THE GRANT AGREEMENT WITH THE

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) FOR COMMUNITY PROJECT FUNDING (CPF) AND

AUTHORIZE THE CITY MANAGER TO EXECUTE THE GRANT

AGREEMENT AND ALL PERTINENT SUPPLEMENTAL

DOCUMENTS

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City Council Agenda November 28, 2023
Attachments: Agenda Report
RPcnIIItinn
Grant Agreement

8. Approve Grant of Public Utility Easement and Temporary Construction Easement on Property Owned by Long Stores, California, L.L.C. in Connection with the Santa Gertrudis Creek Phase II - Margarita Under -Crossing (APN 920-080-020)
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING THAT CERTAIN GRANT OF PUBLIC

UTILITY EASEMENT AND THE TEMPORARY CONSTRUCTION

EASEMENT GRANTED BY LONGS DRUG STORES CALIFORNIA,
L.L.C. IN CONNECTION WITH THE SANTA GERTRUDIS CREEK
PHASE II - MARGARITA UNDER -CROSSING, PW19-04 AND

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

CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES
AND SECTION 21166 OF THE PUBLIC RESOURCES CODE (APN
920-080-020)
Attachments: Agenda Report
Resolution with attachments

9. Approve Agreements with Hewlett-Packard Financial Services Company for Technology Infrastructure and DataBank Holdings Ltd. for Disaster Recovery Colocation Services Recommendation: That the City Council:

1. Approve a five-year Master Lease Purchase Agreement with Hewlett-Packard Financial Services Company for equipment and services for technology infrastructure for an annual amount of $489,040.12 and a total agreement amount of $2,445,220.60 including tax; and

2. Approve a Master Services Agreement with DataBank Holdings Ltd. for disaster recovery colocation services, the cost of which is included in the lease amount; and

3. Approve contingency in the amount of $244,520 which is equal to 10% of the agreement amount, for a total agreement amount of $2,689,720.60.

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City Council Agenda November 28, 2023
Attachments: Agenda Report
Agreement - Hewlett-Packard Financial
Incumbency Certificate
Agreement - DataBank Holdings
Helixstorm - Quote

10. 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.

Attachments: Agenda Report
First Amendment
MSJC Letter of Request

11. Approve Second Amendment to Agreement with Falcon Engineering Services. Inc. for On -Call Construction Management Services
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.

Attachments: Agenda Report
Second Amendment

12. 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 Recommendation: That the City Council:

1. 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

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City Council
Agenda November 28, 2023

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

Attachments: Agenda Report
Notice of Completion
Maintenance Bond
Contractor's Affidavit and Final Release

RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA

COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA

REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE

TEMECULA PUBLIC FINANCING AUTHORITY

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City Council Agenda November 28, 2023

TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CALL TO ORDER: President James Stewart
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

CSD PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited.

CSD CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited.

13. Approve Action Minutes of November 14, 2023
Recommendation: That the Board of Directors approve action minutes of November 14, 2023.

Attachments: Action Minutes

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTOR REPORTS

CSD ADJOURNMENT
The next regular meeting of the Temecula Community Services District will be held on Tuesday, December 12, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

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City Council Agenda November 28, 2023

SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO

MEETING

TEMECULA HOUSING AUTHORITY - NO MEETING

TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING

RECONVENE TEMECULA CITY COUNCIL

PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of a project at the time of the hearing. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected].

Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. At public hearings involving land use matters, the property owner and/or applicant has the burden of proof and, therefore, shall be allowed 15 minutes for an initial presentation, and an additional 10 minutes for rebuttal by its development team following other comments on the matter. An appellant, other than the property owner and/or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the public hearing, shall be allowed 15 minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the property owner, applicant or appellant. All other members of the public may speak during the public hearing for a maximum period of 5 minutes each. Deferral of one speaker's time to another is not permitted. In the event of a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

14. Introduce Ordinance Amending Title 5 and 17 of the Temecula Municipal Code Making Various Technical Revisions
Recommendation: That the City Council introduce and read by title only an ordinance entitled:
•10IZ \•.

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,

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City Council Agenda November 28, 2023

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)
Attachments: Agenda Report
Ordinance
PC Resolution No. 2023-20
Notice of Public Hearing
Notice of Exemption

BUSINESS
Any member of the public may address the City Council on items that appear on the Business portion of the agenda. Each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited.

15. Approve 2023 Annual Public Recognitions Pursuant to Policy (At the Request of Subcommittee Members Alexander and Stewart)
Recommendation: That the City Council approve the 2023 annual public recognitions pursuant to the related policy.

Attachments: Agenda Report
Policy - Public Recognitions
Ed Morel Nomination Packet
Rosie Vanderhaak Nomination Packet
Roger Epperson Nomination Packet
Ron Parks Nomination Packet
Wilder Hills Recognition Packet

16. Adopt Complete Streets Program Policy
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ADOPTING A COMPLETE STREETS PROGRAM

THAT AIMS TO ENSURE ROADWAYS ACCOMMODATE AND

PRIORITIZE THE NEEDS OF ALL USERS AND MAKING A

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City Council Agenda November 28, 2023

FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (LONG RANGE PROJECT NO.

LR23-0043)
Attachments: Agenda Report
Resolution with Exhibit

17. Receive Update Regarding the Nicolas Road Multi -Use Trail Extension Recommendation: That the City Council affirm plans for the construction of the Nicolas Road Extension and Nicolas Road Multi -Use Trail as recommended by the Trails/Open Space Ad Hoc Subcommittee consisting of Mayor Schwank and Mayor Pro Tempore Stewart.

Attachments: Agenda Report
Exhibit A - Trail Type G
Exhibit B - Trail Type H
Exhibit C - Recommended Trails and Bikeways

DEPARTMENTAL REPORTS (RECEIVE AND FILE)

18. Community Development Department Monthly Report
Attachments: Agenda Report
Planning Activity Report

19. Fire Department Monthly Report
Attachments: Agenda Report
Fire Monthly Report

20. Police Department Monthly Report
Attachments: Agenda Report

21. Public Works Department Monthly Report
Attachments: Agenda Report
Project Status Report

ITEMS FOR FUTURE CITY COUNCIL AGENDAS
Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes. No substantive discussion on the subject of the motion may occur. Items may only be placed on the agenda by Council Members pursuant to policy

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City Council Agenda November 28, 2023
or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed 3 minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54.

CITY MANAGER REPORT

CITY ATTORNEY REPORT

ADJOURNMENT
The next regular meeting of the City Council will be held on Tuesday, December 12, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

NOTICE TO THE PUBLIC
The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444.

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Item No. 1

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: November 28, 2023
SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.

BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City's website and will be available in print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise required, the full reading of the title and text of all ordinances and resolutions is waived.

FISCAL IMPACT: None
ATTACHMENTS: None

Item No. 2

ACTION MINUTES

TEMECULA CITY COUNCIL

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
NOVEMBER 14, 2023 - 6:00 PM

COUNCIL MEMBER CURTIS BROWN

TO PARTICIPATE ELECTRONICALLY
VIA ZOOM FROM: SHERATON MAUI
2605 KAANAPALI PARKWAY
LAHAINA, MAUI, HI 96761
CALL TO ORDER at 6:00 PM: Mayor Zak Schwank
INVOCATION: Moment of Silence
FLAG SALUTE: Mayor Zak Schwank
ROLL CALL: Alexander, Brown (virtual), Kalfus, Schwank, Stewart

PRESENTATIONS
Presentation by Habitat for Humanity Inland Valley Regarding Programs and Services

BOARD / COMMISSION REPORTS
Planning Commission and Traffic Safety Commission

PUBLIC SAFETY REPORT
County of Riverside, Fire Department (CAL FIRE)

PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
• Bernard Budney • Hans Kernkamp
• Laurel Lamont • Carol Tice
• Melissa Bourbannais • Sandra Cox
• Love Bailey

PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) addressed the City Council:
• Laurel Lamont (Item #4) • Melissa Bourbannais (Item #4)

CITY COUNCIL REPORTS

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

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

1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation:

That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.

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

That the City Council approve the action minutes of October 24, 2023.

3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A

4. Adopt Ordinance No. 2023-09 Approving a Planned Development Overlay Amendment (Planning Application No. PA23-0260) (Second Reading)
Recommendation: That the City Council adopt an ordinance entitled:

ORDINANCE NO. 2023-09

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING A PLANNED DEVELOPMENT OVERLAY

AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED
DEVELOPMENT OVERLAY (PDO 7) GENERALLY LOCATED
NORTH OF PAUBA RD., SOUTH OF RANCHO VISTA RD., EAST OF

TEMECULA VALLEY HIGH SCHOOL, AND WEST OF GREEN TREE
RD., AND MAKE A FINDING OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (APN: 955-020-
012, 017, 018, AND 019) (PA23-0260)
Approved the Staff Recommendation (4-0, Kalfus abstained): Motion by Schwank, Second by Alexander. The vote reflected unanimous approval with Kalf is abstaining.

Council Member Kalf is and Deputy City Manager Luke Watson will not be participating due to conflicts of interest and will leave the Council Chamber. Council Member Kalfus' wife is a

5. 6
teacher at Linfield School which is where this PDO will be amended and Deputy City Manager Watson has children attending the school. They will need to leave the Council Chamber.

Council Member Kalfus and Deputy City Manager Watson did leave the Council Chamber while this item was being considered and did not participate in the consideration of the item.

Adopt Ordinance No. 2023-10 Amending Temecula Municipal Code Section 2.40.100 Relating to Compensation for City Board and Commission Members (Second Reading) Recommendation: That the City Council adopt an ordinance entitled:

ORDINANCE NO. 2023-10

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA

MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY

BOARD AND COMMISSION MEMBERS
Approved the Staff Recommendation (4-1, Alexander opposing): Motion by Stewart, Second by Kalfus. The vote reflected unanimous approval with Alexander opposing.

Approve Resolution Authorizing Withdrawal of Funds from City's Pension Trust to Make Additional Discretionary Payment to Ca1PERS Retirement System Recommendation:

That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-84

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE TRANSFER OF $2,000,000 FROM

THE CITY'S PENSION RATE STABILIZATION TRUST TO MAKE

AN ADDITIONAL DISCRETIONARY PAYMENT TO CALIFORNIA

PUBLIC EMPLOYEES' RETIREMENT SYSTEM

7. Approve Recommendation for Community Service Funding Grant Program for Fiscal Year 2023-24 (At the Request of Subcommittee Members Schwank and Stewart) Recommendation:

That the City Council approve the recommended award and allocation of $100,000 to fund grant applications received from non-profit organizations for the Community Service Funding Grant Program Fiscal Year 2023-24.

8. Authorize the Submittal of an Application to the Department of Resources Recycling and Recovery for Funding from the Fiscal Year 2022-23 SB 1383 Local Assistance Grant Program Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-85

9. 10.

11. 12.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA TO AUTHORIZE THE SUBMITTAL OF AN

APPLICATION TO THE DEPARTMENT OF RESOURCES

RECYCLING AND RECOVERY (CALRECYCLE) FOR FUNDING
FROM THE FISCAL YEAR 2022-23 SB 1383 LOCAL ASSISTANCE

GRANT PROGRAM
Approve Increase to Professional Services Contingency Authorization for the Margarita Recreation Center Project, PW17-21
Recommendation: That the City Council:

1. Approve an increase to the contingency for professional services for the Margarita Recreation Center Project, PW 17-21 by $40,000; and

2. Increase the City Manager's authorized contingency by $40,000.

Approve Agreement with Southstar Engineering & Consulting, Inc. for Consultant Services for the I-15 Congestion Relief Project, PW19-02
Recommendation: That the City Council approve the agreement with Southstar Engineering & Consulting, Inc., in an amount not to exceed $968,813.40, to provide professional construction management services for the I-15 Congestion Relief Project, PW19-02.

Approve First Amendment to Agreement with Pacific Striping, Inc. for Citywide Repainting of Traffic Striping
Recommendation: That the City Council approve the first amendment to the agreement with Pacific Striping, Inc. for Citywide Repainting of Traffic Striping, in the amount of $300,000, for a total agreement amount of $2,241,500.

Approve Third Amendment to Agreement with Inland Empire Property Services for Weed Abatement Services
Recommendation:

That the City Council approve the third amendment to the agreement with Inland Empire Property Services for weed abatement services, in the amount of $100,000, for a total agreement amount of $400,000.

13. Approve Fifth Amendment to Agreement with David Evans and Associates, Inc. for the Diaz Road Expansion Project, PW17-25
Recommendation: That the City Council:

1. Approve the fifth amendment to the agreement with David Evans and Associates, Inc., in the amount of $100,000, for additional contingency in support of the professional design and environmental services of the Diaz Road Expansion Project, PW17-25; and

2. Increase the City Manager's authority to approve extra work authorizations by $100,000.

14. Approve List of Prequalified Bidders and Authorize Solicitation of Design -Build Proposals for Ronald Reagan Sports Park Hockey Rink Project, PW22-06
Recommendation:

RECESS:

That the City Council:

1. Approve the list of prequalified bidders; and

2. Authorize the Department of Public Works to solicit proposals for design -build services from the list of prequalified bidders for the Ronald Reagan Sports Park Hockey Rink Project, PW22-06.

At 7:02 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:06 PM the City Council resumed with the remainder of the City Council Agenda.

RECONVENE TEMECULA CITY COUNCIL

PUBLIC HEARING

16. Introduce Ordinances Amending Title 17 of the Temecula Municipal Code to Implement Programs in the City's Housing Element and Amending Accessory Dwelling Unit Regulations Recommendation: That the City Council introduce the following ordinances entitled:

ORDINANCE NO. 2023-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 17 OF THE TEMECULA

MUNICIPAL CODE TO IMPLEMENT THE PROGRAMS IN THE
CITY'S HOUSING ELEMENT BY (1) ADDING DEFINITIONS FOR

AGRICULTURAL EMPLOYEE HOUSING, EMPLOYEE HOUSING,

FAMILY DAY CARE HOME, LARGE FAMILY DAY CARE HOME,

LOW BARRIER NAVIGATION CENTER AND SMALL FAMILY
DAY CARE HOME, (2) PROVIDING THAT EMPLOYEE HOUSING

AND AGRICULTURAL EMPLOYEE HOUSING ARE PERMITTED
USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3)

PROVIDING THAT RESIDENTIAL CARE FACILITIES FOR THE

ELDERLY (SEVEN OR MORE) ARE PERMITTED USES IN THE
HR, RR, VL, L-1, L-2, LM, AND HR-SM ZONES, (4) PROVIDING

THAT RESIDENTIAL CARE FACILITIES (SEVEN OR MORE) ARE
PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND
HR-SM ZONES, (5) PROVIDING THAT COMMUNITY CARE
FACILITIES ARE PERMITTED IN ALL RESIDENTIAL ZONES, (6)
ADDING SUPPORTIVE HOUSING STANDARDS, (7) PROVIDING

THAT SUPPORTIVE HOUSING, TRANSITIONAL HOUSING AND
5 LOW BARRIER NAVIGATION CENTERS ARE PERMITTED USES
IN THE NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO-5, PDO-6, PDO-7, PDO-10, AND PDO-14 ZONES, (8) PROVIDING THAT

TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING ARE A
PERMITTED USE IN THE PDO-11, PDO-12 AND PDO-15 ZONES,
(9) UPDATING EMERGENCY SHELTER PARKING STANDARDS,
(10) REVISING REASONABLE ACCOMMODATION
REGULATIONS, (11) REVISING PARKING STANDARDS FOR
MULTI -FAMILY RESIDENTIAL USES WITH 12 UNITS OR LESS,
(12) MAKING OTHER REVISIONS TO CONFORM WITH
CHANGES IN STATE LAW, AND (13) MAKING A FINDING THAT

NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED

UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINES SECTION 15162
ORDINANCE NO. 2023-12

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17.23 OF TITLE 17 OF THE

TEMECULA MUNICIPAL CODE PERTAINING TO ACCESSORY

DWELLING UNIT (ADU) REGULATIONS AND PROVIDING THAT
ADU'S ARE PERMITTED IN THE PDO-5, PDO-7, PDO-9, PDO-10, PDO-11, PDO-12, AND PDO-15 ZONES, AND REVISING ADU

REGULATIONS, AND MAKING A FINDING THAT THE

ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW
PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17
Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Kalf is. The vote reflected unanimous approval.

BUSINESS

17. Approve Four City Council Protocol Manual Policies (At the Request of Subcommittee Members Alexander and Kalfus)
Recommendation:

That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-86

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ADOPTING FOUR CITY COUNCIL POLICIES

GOVERNING THE OPERATIONS OF THE CITY COUNCIL FOR

INCLUSION IN THE CITY COUNCIL PROTOCOL MANUAL
Approved the Staff Recommendation (5-0): Motion by Alexander, Second by Stewart. The vote reflected unanimous approval.
6 ITEMS FOR FUTURE CITY COUNCIL AGENDAS

CITY MANAGER REPORT

CITY ATTORNEY REPORT

ADJOURNMENT
At 7:27 PM, the City Council meeting was formally adjourned to Tuesday, November 28, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

Item No. 3

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: November 28, 2023
SUBJECT: Approve List of Demands
PREPARED BY: Tricia Hawk, Finance Manager
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS

AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting.

FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures.

ATTACHMENTS: 1. Resolution

2. List of Demands

RESOLUTION NO.2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ALLOWING CERTAIN CLAIMS AND

DEMANDS AS SET FORTH IN EXHIBIT A

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

Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $3,238,890.74.

Section 2. The City Clerk shall certify the adoption of this resolution.

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

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of November, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

CITY OF TEMECULA

LIST OF DEMANDS
10/30/2023 - 11/10/2023 TOTAL CHECK RUN:
11/9/2023 TOTAL PAYROLL RUN:
2,425,351.89
813,538.85
TOTAL LIST OF DEMANDS FOR 11/28/2023 COUNCIL MEETING: g 3,238,890.74

Check #
Check Date
Vendor #
Vendor
Invoice #
Description
Invoice Net
600678
11/02/2023
2937
72 HOUR LLC
WF8563
TRUCK PURCHASE: PARKS
$79,633.12
600728
11/09/2023
2238
79 FIELD HOCKEY INC
3110.202

TCSD INSTRUCTOR EARNINGS
$1,039.50
300783
11/02/2023
1236

ALL AMERICAN ASPHALT
1161400
ASPHALT SUPPLIES: STREET MAINTENANCE: PW
$632.15
600679
11/02/2023
1512

ALLEGRO MUSICAL VENTURES
27071
PIANO SVCS:THEATER:TCSD
$625.00
600729
11/09/2023
1418
AMAZON.COM, INC
1TYD-MTIQ-9CU
ENGINE WASHING AND DETAIL SUPPLIES: FIRE STATIONS
$203.85
600729
11/09/2023
1418
AMAZON.COM, INC
1JDL-YCGR-7XLF
MISC SUPPLIES: FINANCE
$116.49
600729
11/09/2023
1418
AMAZON.COM, INC
197V-HRU-XK7R
SUPPLIES:COM DEV
$7.38
600729
11/09/2023
1418
AMAZON.COM, INC
1FGX-9VXT-K9W3-B

ADDT PMT DUE -SHORT PAID ORIGINAL
$2.00
600729
11/09/2023
1418
AMAZON.COM, INC
1VPP-7NH3-61FG
REFRESHMENT SUPPLIES: CITY HALL & FOC: PW
$351.24
600729
11/09/2023
1418
AMAZON.COM, INC
1DN7-1GJK-9JGV
MISC SUPPLIES: CITY CLERK
$181.03
600729
11/09/2023
1418
AMAZON.COM, INC
1CRW-F43G-9QY3
MISC SUPPLIES:ECO DEV
$23.02
600729
11/09/2023
1418
AMAZON.COM, INC
16DY-HKDN-6FCQ
OFFICE SUPPLIES: FIRE
$76.07
600729
11/09/2023
1418
AMAZON.COM, INC
113R-GDR3-6QND
OFFICE SUPPLIES: FIRE
$18.48
15170
08/21/2023
1066

AMERICAN PLANNING ASSOCIATION
3512
MEMBERSHIP RENEWAL: PLANNING
$672.00
15172
08/21/2023
1066

AMERICAN PLANNING ASSOCIATION
7833
MEMBERSHIP RENEWAL: PLANNING
$788.00
15272
08/21/2023
1066

AMERICAN PLANNING ASSOCIATION
0104
MEMBERSHIP DUES: PLANNING
$99.00
600680
11/02/2023
3217

ANTHOLOGY INSTITUTE
PERF:02/08/24
PERFORMING ARTS AGREEMENT 2-8-24
$4,000.00
600730
11/09/2023
1725

APPLIED DEVELOPMENT ECONOMICS
7231244

COMP GENERAL PLAN UPDATE-QLMP
$893.75
600730
11/09/2023
1725

APPLIED DEVELOPMENT ECONOMICS
9231244

COMP GENERAL PLAN UPDATE-QLMP
$3,680.00
600730
11/09/2023
1725

APPLIED DEVELOPMENT ECONOMICS
10231244

COMP GENERAL PLAN UPDATE-QLMP
$810.00
600731
11/09/2023
3272

APPLIED SATELLITE TECHNOLOGY SYSTEMS LLC
30991
SMARTPHONE ACCESS DEVICE: FIRE
$917.32
300784
11/02/2023
2401

ARCTIC CIRCLE ENTERPRISES LLC
N042907
GIFT SHOP MERCHANDISE: TVM: TCSD
$1,129.35
600681
11/02/2023
2917

ARJONA GLORIA
PERF: 10/20/23
STTLMNT: BRAZILIAN AND LATIN JAll 10/20/23
$824.50
600682
11/02/2023
3168

ASTER CONSTRUCTION SERVICES INC
4 OUTDOOR REC AREA: MPSC: CIP
$166,176.94
600732
11/09/2023
1170

AUTOPARTSPROS LLC
087191

AUTO PARTS FOR PW STREET MAINTENANCE
$168.92
600683
11/02/2023
1717

BARRETT ENGINEERED PUMPS
130858

PURCHASE OF PUMP, TES POOL
$2,862.94
15169
08/21/2023
2194
BEENVERIFIED.COM
0101
DIGITAL SBSCPTN: CODE ENFORCEMENT
$52.45
600684
11/02/2023
1827

BIBLIOTHECA LLC
INV-US69645
EQUIP MAINT/ANNUL SUPPORT:TEM PUB LIBRARY: IT
$22,227.27
300785
11/02/2023
2529

BIKE SHOP OF TEMECULA THE
857
BICYCLE MAINTENANCE: TEM SHERIFF
$365.63
300785
11/02/2023
2529

BIKE SHOP OF TEMECULA THE
858A
BICYCLE MAINTENANCE: TEM SHERIFF
$378.23
600733
11/09/2023
1101

BLUETRITON BRANDS INC

03.16705212167
WATER DELIVERY SVCS: PW
$11.95
600733
11/09/2023
1101

BLUETRITON BRANDS INC
03J0035623057
WATER DELIVERY SVCS: PW
$21.74
600685
11/02/2023
1101

BLUETRITON BRANDS INC
13J0028662112
WATER DELIVERY SVCS: PW
$73.85
600734
11/09/2023
2622

BROWN JAMAL DEON
2300.204-2310.204

TCSD INSTRUCTOR EARNINGS
$2,866.50
600735
11/09/2023
2399

BUCHER BRET PHILLIP
3500.205-3515.205

TCSD INSTRUCTOR EARNINGS
$4,170.60
300832
11/08/2023
1190

CAL MAT
73822163
ASPHALT SUPPLIES: STREET MAINT: PW
$654.04
300832
11/08/2023
1190

CAL MAT
73828302
ASPHALT SUPPLIES: PW STREET MAINT
$207.06
300788
11/02/2023
1190

CAL MAT
73797386
ASPHALT SUPPLIES: PW STREET MAINT
$870.59
300787
11/02/2023
1190

CAL MAT
73806888
ASPHALT SUPPLIES: PW STREET MAINT
$1,143.21
300786
11/02/2023
1190

CAL MAT
73814533
ASPHALT SUPPLIES: STREET MAINT: PW
$550.87
300787
11/02/2023
1190

CAL MAT
73819314
ASPHALT SUPPLIES: STREET MAINT: PW
$405.19
300789
11/02/2023
1291

CALIF NARCOTIC OFFICERS ASSN
R89919
STAFF TRAINING: POLICE
$225.00
300789
11/02/2023
1291

CALIF NARCOTIC OFFICERS ASSN
R89927
STAFF TRAINING: POLICE
$225.00
300789
11/02/2023
1291

CALIF NARCOTIC OFFICERS ASSN
R89932
STAFF TRAINING: POLICE
$225.00
300789
11/02/2023
1291

CALIF NARCOTIC OFFICERS ASSN
R89930
STAFF TRAINING: POLICE
$225.00
300834
11/08/2023
2465

CALIF NEWSPAPERS PARTNERSHIP
0000574838E
BID ADVERTISING: PW - CIP, PW23-17
$945.83
300790
11/02/2023
2285
EE# 526
Reimb: NeoGov Conf
REIMB: NEOGOV CONFERENCE
$93.65
300791
11/02/2023
1332

CANON FINANCIAL SERVICES INC
31415175
OCT COPIERS LEASE: LIBRARY
$671.56
300835
11/08/2023
2295
CANTRELL,TINA1
4200.205

TCSD INSTRUCTOR EARNINGS
$280.00
300836
11/08/2023
2063

CASC ENGINEERING AND, CONSULTING INC
0049818
ENVRIONMENTAL REVIEW TTM 38924 (PA22-0047)
$745.00
300792
11/02/2023
2063

CASC ENGINEERING AND, CONSULTING INC
0049378
ENGINEERING SERVICES: PW LD &TRAFFIC
$185.00
300792
11/02/2023
2063

CASC ENGINEERING AND, CONSULTING INC
0049752
MISC ENGINEERING SVS: PW - CIP
$630.00
600736
11/09/2023
1280

COW LLC
MS61434
NETWORKING EQUIPMENT:MRC- CIP PWI7-21
$758.07
600736
11/09/2023
1280

COW LLC
MV96373
MISC SMALL TOOLS & EQUIP:IT
($184.96)
600736
11/09/2023
1280

CDW LLC
MR70508
NETWORKING EQUIPMENT:MRC- CIP PWI7-21
$12,738.17
600686
11/02/2023
1280

CDW LLC
MR32669
MISCSMALLTOOLS& EQUIP: INFOTECH
$143.44
600686
11/02/2023
1280

CDW LLC
MP85403
MISC SMALLTOOLS & EQUIP: INFO TECH
$291.02
600687
11/02/2023
1100

CES HOLDINGS LLC
204922
POOL SUPPLIES & SVCS: PW AQUATICS
$2,706.73
600687
11/02/2023
1100

CES HOLDINGS LLC
197164
POOL SUPPLIES & SVCS: PW AQUATICS
$477.00
600687
11/02/2023
1100

CES HOLDINGS LLC
197703
POOL SUPPLIES: SPLASH PAD: PW
$2,322.95
300837
11/08/2023
1347
CINTAS
8406511329
FIRST AID SERVICES: RM
$84.14
300837
11/08/2023
1347
CINTAS
8406511330
FIRST AID SERVICES: RM
$73.35
300837
11/08/2023
1347
CINTAS
8406511327
FIRST AID SERVICES: RM
$216.21
300837
11/08/2023
1347
CINTAS
8406511326
FIRST AID SERVICES: RM
$48.64
300837
11/08/2023
1347
CINTAS
8406511325
FIRST AID SERVICES: RM
$74.41
300837
11/08/2023
1347
CINTAS
8406511332
FIRST AID SERVICES: RM
$66.72
300837
11/08/2023
1347
CINTAS
8406511333
FIRST AID SERVICES: RM
$326.03
300837
11/08/2023
1347
CINTAS
8406511331
FIRST AID SERVICES: RM
$123.44
300837
11/08/2023
1347
CINTAS
8406511328
FIRST AID SERVICES: RM
$129.39
600737
11/09/2023
2681

CLEARSTAR INC
1467711
EMPLOYMENT SCREENINGS: HR
$117.64
600688
11/02/2023
2316

CNS ENGINEERS INC
18025-23
07/01-08/25 ENG SVCS: OVRLND BR PW16-05
$72,217.53
600738
11/09/2023
1239

COAST RECREATION INC
15355
BENCHES: LIBRARY: PW
$6,809.30
600739
11/09/2023
2627
EE# 604
Reimb: NEOGOV Conf
REIMB: NEOGOV CONFERENCE
$148.08
300838
11/08/2023
3060

COMPLETE OFFICE OF CALIFORNIA INC
4090382-0
OFFICE SUPPLIES: PLANNING
$92.73
300838
11/08/2023
3060

COMPLETE OFFICE OF CALIFORNIA INC
4093123-0
OFFICE SUPPLIES: PLANNING
$163.48
300838
11/08/2023
3060

COMPLETE OFFICE OF CALIFORNIA INC
4093123-1
OFFICE SUPPLIES: PLANNING
$89.66
300838
11/08/2023
3060

COMPLETE OFFICE OF CALIFORNIA INC
4093339-0
OFFICE SUPPLIES: CODE ENFORCEMENT
$43.39
300838
11/08/2023
3060

COMPLETE OFFICE OF CALIFORNIA INC
4095996-0
OFFICE SUPPLIES: BLDG & SAFETY
$98.18
600689
11/02/2023
1543

COMPRISE TECHNOLOGIES INC
2023-420
SOFTWARE RENEWAL:TEMECULA PUBLIC LIBRARY
$15,559.80
300839
11/08/2023
1172

CONSOLIDATED ELECTRICAL DIST
20240571
ELECTRICAL SUPPLIES: CITY HALL
$86.34
300839
11/08/2023
1172

CONSOLIDATED ELECTRICAL DIST
8750-1035984
ELECTRICAL SUPPLIES:TVE2
$7.99

Check N
Check Date
Vendor N
Vendor
Invoice #
Description
Invoice Net
300839
11/08/2023
1172

CONSOLIDATED ELECTRICAL DIST
8750-1036033
ELECTRICAL SUPPLIES: CITY HALL
$172.34
300840
11/08/2023
1172

CONSOLIDATED ELECTRICAL DIST
8750-1035732
ELECTRICAL SUPPLIES: FACILITIES
$5.30
300840
11/08/2023
1172

CONSOLIDATED ELECTRICAL DIST
8750-1035767
ELECTRICAL SUPPLIES: FACILITIES
$55.73
300793
11/02/2023
1172

CONSOLIDATED ELECTRICAL DIST
8750-1035603
ELECTRICAL SUPPLIES: PARKS
$49.21
300793
11/02/2023
1172

CONSOLIDATED ELECTRICAL DIST
8750-1034706
ELECTRICAL SUPPLIES: FACILITIES
$50.03
600690
11/02/2023
1666

CORELOGIC INC
82189792
SEP SOFTWARE SUBSCRIPTION: CODE ENFORCEMENT
$350.50
600691
11/02/2023
3130

CORTEZ GASTELUM MARIA VICTORIA
230930
NEWSPAPER SUBSCRIPTION: MPSC: TCSD
$125.00
600740
11/09/2023
1771

COSSOU, CELINE
1600.203-1625.202

TCSD INSTRUCTOR EARNINGS
$620.20
300841
11/08/2023
1849

COSTAR REALTY INFORMATION INC
120474828
N0V'23 WEB SUBSCRIPTION: EGO DEV
$1,296.00
300842
11/08/2023
1098
COSTCO TEMECULA 491
3509
TEEN CERT CLA55 SUPPLIES: TCC
$953.10
300842
11/08/2023
1098
COSTCO TEMECULA 491
3508
MISC SUPPLIES: TVM: TCSD
$95.43
300842
11/08/2023
1098
COSTCO TEMECULA 491
3507

SPECIAL EVENT SUPPLIES - FIRE
$132.04
300794
11/02/2023
1098
COSTCO TEMECULA 491
3502

MISC SUPPLIES- WORKFORCE PROGRAMS
$589.09
300843
11/08/2023
1268
C0STCO TEMECULA 491
3510
SUPPLIES: MRC, MPSC AND SFSP
$225.66
300844
11/08/2023
1972

CPS HR CONSULTING
OE-0005917
REGIST: MASTERING THE BASICS
$125.00
600741
11/09/2023
1592

CRAFTSMEN PLUMBING & HVAC INC
003638

PLUMBING WORK AT SENIOR CENTER & LIBRARY
$300.00
600692
11/02/2023
1592

CRAFTSMEN PLUMBING & HVAC INC
03468

PLUMBING REPAIRS, RONALD REAGAN SPORTS PARK
$1,149.68
600742
11/09/2023
1096

DANS FEED & SEED INC
080686
SUPPLIES: STREET MAINTENANCE: PW
$191.27
300795
11/02/2023
3209

DATA PROCESSING DESIGN INC
EGOLD-12049695
CLOUD FAXING SERVICE:ITSS
$69.49
600693
11/02/2023
1105

DATA TICKET INC
157236

CITATION PROCESSING
$851.87
300845
11/08/2023
1699

DAVID EVANS AND ASSOCIATES INC
544705
ENGINEERING SVCS: PW CIP
$20,917.00
300796
11/02/2023
1699

DAVID EVANS AND ASSOCIATES INC
546921
ENG SVCS: PICKLEBALL COURTS: PW21-03
$12,539.50
300796
11/02/2023
1699

DAVID EVANS AND ASSOCIATES INC
536826R
CONSTRUCTION SUPPORTSERVICES:PW -CIP, PW21-04
$210.00
600694
11/02/2023
2528

DE LA SECURA INC
21007-023

MARGARITA REC CTR DSGN BUILD
$303,290.48
300797
11/02/2023
3326

DEARMOND SUSAN
Plain Air 3rd place
PLEIN AIR COMPETITION 3RD PRIZE: TCSD
$75.00
300846
11/08/2023
1491

DEPT OF GENERAL SERVICES DGS
0000001536959
CASE FILINGS: MASSAGE
$11,290.00
300846
11/08/2023
1491

DEPT OF GENERAL SERVICES DGS
0000001536174a
CASE FILINGS: MASSAGE: CITY CLERK
$11,226.75
300846
11/08/2023
1491

DEPT OF GENERAL SERVICES DGS
0000001536174b
CASE FILINGS: CODE ENFORCEMENT
$93.25
600743
11/09/2023
2227
DG INVESTMENT HOLDINGS 2 INC
IN00100126
ACCESS CONTROL:MPSC CIP PW17-01: IT
$5,019.00
600695
11/02/2023
2227
DG INVESTMENT HOLDINGS 2 INC
IN00108472
MAINT & REPAIR OF SECURITY SYSTEM:IT
$3,858.00
600695
11/02/2023
2227
DG INVESTMENT HOLDINGS 2 INC
IN00109220
MAINT & REPAIR OF SECURITY SYSTEM:IT
$1,089.72
600695
11/02/2023
2227
DG INVESTMENT HOLDINGS 2 INC
IN00108483
MAINT & REPAIR OF SECURITY SYSTEM:IT
$1,335.00
600744
11/09/2023
1235

DIAMOND ENVIRONMENTAL SRVCS
0004988412
PORTABLE RESTROOMS: POLICE
$141.32
600696
11/02/2023
1235
DIAMOND ENVIRONMENTAL 5RVC5
0004991255
FENCE RENTAL: JRC: PW
$95.00
300833
11/08/2023
1262
DIV. OF THE STATE ARCHITECT
QE Sep 2023 AB1379
REMITTANCE OF AB1379 - CIE SEP 2023
$250.80
600745
11/09/2023
2137

DIVERSIFIED WATERSCAPES INC
10006814
OCT WTR QUALITY MAINT: DUCK POND/HARV
$7,800.00
600746
11/09/2023
1254

DOWNS ENERGY FUEL
CL13866
FUEL FOR CITY VEHICLES: STREET MAINT: PW
$1,625.37
600746
11/09/2023
1254

DOWNS ENERGY FUEL
CL13099
FUEL FOR CITY VEHICLES: FIRE DEPT
$184.94
600746
11/09/2023
1254

DOWNS ENERGY FUEL
CL13860
FUEL FOR CITY VEHICLES: PARK MAINT: PW
$1,617.25
600746
11/09/2023
1254

DOWNS ENERGY FUEL
CL13863
FUEL FOR CITY VEHICLES: CODE ENFORCEMENT
$177.84
600746
11/09/2023
1254

DOWNS ENERGY FUEL
CL13882
FUEL FOR CITY VEHICLES: TRAFFIC: PW
$471.66
600746
11/09/2023
1254

DOWNS ENERGY FUEL
CL13864
FUEL FOR CITY VEHICLES: BLDG INSPECTORS
$286.68
600746
11/09/2023
1254

DOWNS ENERGY FUEL
CL12381
FUEL FOR CITY VEHICLES: PARKS: PW
$2,189.28
600746
11/09/2023
1254

DOWNS ENERGY FUEL
CL11704
FUEL FOR CITY VEHICLES: FIRE
$272.63
600697
11/02/2023
1254

DOWNS ENERGY FUEL
CL12387
FUEL FOR CITY VEHICLES: STREETS: PW
$2,001.80
600697
11/02/2023
1254

DOWNS ENERGY FUEL
CL12385
FUEL FOR CITY VEHICLES: BLDG INSPECTORS
$476.39
600697
11/02/2023
1254

DOWNS ENERGY FUEL
CL12384
FUEL FOR CITY VEHICLES: CODE ENFORCEMENT
$126.53
600697
11/02/2023
1254

DOWNS ENERGY FUEL
CL12383
FUEL FOR CITY VEHICLES: POLICE
$90.14
600697
11/02/2023
1254

DOWNS ENERGY FUEL
CL12405
FUEL FOR CITY VEHICLES: TCSD
$452.61
600697
11/02/2023
1254

DOWNS ENERGY FUEL
CL12404
FUEL FOR CITY VEHICLES: TRAFFIC: PW
$385.48
300798
11/02/2023
2689

DS SERVICES OF AMERICA INC, SPARKLETTS
22116432 102023

CC WATER DELIVERY SERVICES
$69.13
600747
11/09/2023
1678
DUDEK
202307275
CONSTRUCTION MGT SVCS: PW-CIP, PW20-13, ON -CALL
$19,980.00
600748
11/09/2023
2258

ECONOMIC ALTERNATIVES INC
103866

WATER SYSTEMS MONITORING FOR HVAC EQUIPMENT
$619.55
300882
11/08/2023
1003

EDEN SYSTEMS INC
045-442849
FINANCIAL SOFTWARE UPGRADE: FINANCE
$5,890.84
15111
07/17/2023
2031

ELITE CLAIMS MANAGEMENT INC
Wkrs Comp Claim 7/17

FUNDS FOR WORKERS COMP CLAIMS
$30,000.00
600749
11/09/2023
3265

EMPIRE ECONOMICS
10/19/23
COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ALTAIR)
$14,900.00
600750
11/09/2023
1156

ENGINEERING RESOURCES OF SOUTHERN CA INC
59459
DESIGN ENGINEERING SVCS: PW - CIP
$3,572.50
600698
11/02/2023
1156

ENGINEERING RESOURCES OF SOUTHERN CA INC
59501
ENGINEERING CONSULT SVCS: PW-CIP,PW19-11, ON -CALL
$31,266.99
300799
11/02/2023
1004

ESGIL LLC
90789
AUG PLAN CK SVCS: COMDEV
$22,168.26
300799
11/02/2023
1004

ESGIL LLC
90096 Revised
JUL PLAN CK SVCS: COMDEV
$13,718.92
300847
11/08/2023
1366

EXHIBIT ENVOY
Exhibit: Museum

BLACK & WHITE IN BLACK & WHITE
$675.00
300848
11/08/2023
1005

FEDERAL EXPRESS INC
8-285-13688
EXPRESS MAILING SVCS: SPEC EVENTS: TCSD
$15.34
300848
11/08/2023
1005

FEDERAL EXPRESS INC
8-300-06865b
EXPRESS MAILING SVCS: CODE ENFORCEMENT
$28.64
300848
11/08/2023
1005

FEDERAL EXPRESS INC
8-300-06865
EXPRESS MAILING SVCS: FINANCE
$6.82
300848
11/08/2023
1005

FEDERAL EXPRESS INC
8-300-06865d
EXPRESS MAILING SVCS: CIP:PW04-08
$13.85
300800
11/02/2023
1005

FEDERAL EXPRESS INC
8-292-05300a
EXPRESS MAILING SVCS: INFO TECH
$9.16
300800
11/02/2023
1005

FEDERAL EXPRESS INC
8-292-05300b
EXPRESS MAILING SVCS:ECO DEV
$6.82
15323
11/02/2023
1006

FIRST AMERICAN TITLE COMPANY
RTE-7019584
LAND ACQUISITION: 31249 INDIAN SUMMER RD
$172,609.00
15320
09/08/2023
1006

FIRST AMERICAN TITLE COMPANY
RTE-7013575
ESCROW FEES: HABITAT WAY II PROJECT
$3,555.00
600751
11/09/2023
2544
EEN 594
Reimb: NEOGOV Conf
REIMB: NEOGOV CONFERENCE
$198.67
300849
11/08/2023
3359
FOLLANSBEE TR01
Dep: MRC frame

CREATION/INSTALLATION OF MOSAIC
$6,000.00
600752
11/09/2023
2132
EEN 518
Reimb: cyber event
REIMB: CYBER CHALLENGE
$477.00
300850
11/08/2023
1497

FULL COMPASS SYSTEMS
INCO2427817
SOUND/LIGHTING & MISC SUPPLIES: THEATER
$33.56
300851
11/08/2023
3350
EE# 476
Reimb: NEOGOV
REIMB: NEOGOV CONFERENCE
$4,030.10
15355
08/21/2023
3383

GAUCHO GRILL BUENA PARK
7491
REFRESHMENTS: MEETING 07/20/23
$124.30
600753
11/09/2023
2374

GEORGE HILLS COMPANY INC
INV1026510
SUBROGATION RECOVERY FEE:GHC0060210: RM
$594.84
600754
11/09/2023
2359

GILLIS AND PANICHAPAN ARCHITECTS INC
108604J
ARCHITECTURAL SVCS:PW-CIP, PW19-07, ON -CALL
$1,785.30
600754
11/09/2023
2359

GILLIS AND PANICHAPAN ARCHITECTS INC
108623J
ARCHITECTURAL SVCS: PW-CIP, PW19-07, ON -CALL
$2,130.00
600754
11/09/2023
2359

GILLIS AND PANICHAPAN ARCHITECTS INC
108624J
ARCHITIECTURAL SVCS: PW-CIP, PW19-14, ON -CALL ARGM
$3,365.00
600755
11/09/2023
2359

GILLIS AND PANICHAPAN ARCHITECTS INC
108605J
ARCHITECTURAL SVCS: PW-CIP, PW19-07
$4,900.00
600755
11/09/2023
2359

GILLIS AND PANICHAPAN ARCHITECTS INC
108606J
ARCHITIECTURAL SVCS: PW-CIP, PW19-14
$1,920.00

Check N
Check Date
Vendor N
Vendor
Invoice k
Description
Invoice Net
15353
08/21/2023
2044

GOAT AND VINE THE
0269
REFRESHMENTS: PLANNING COMMISSION MTG
$165.29
300801
11/02/2023
1523

GOLDEN VALLEY MUSIC SOCIETY
STTLMNT 10/8 & 10/22
CLASSICS @ THE MERC 10/8 & 10/22
$507.50
300802
11/02/2023
2138

GOVCONNECTION INC
74561835
ADOBE AND CREATIVE CLOUD LICENSES:IT
$13,497.40
300803
11/02/2023
1108

GOVERNMENT TRAINING AGENCY
10/20/23
REGIST: ICI MGMTAND SUPERVISION TRAINING
$576.00
600699
11/02/2023
1225

GRAINGER
9874725527

PET WASTE CONTAINERS FOR VARIOUS LOCATIONS
$583.09
300852
11/08/2023
1009

HANKS HARDWARE INC
2634/Sep-b
SMALL TOOLS & EQUIPMENT: TCC
$134.80
300852
11/08/2023
1009

HANKS HARDWARE INC
2733/Oct
MISC MAINT SUPPLIES: TRAFFIC: PW
$177.04
300852
11/08/2023
1009

HANKS HARDWARE INC
2734/Oct
MISC MAINT SUPPLIES: LIBRARY
$232.16
300804
11/02/2023
2225

HASA INC
926754
POOL SANTIZING CHEMICALS: CITY POOLS
$892.31
600756
11/09/2023
1056

HDL COREN AND CONE
SIN033010
OCT-DEC FY23-24 PROPERTY TAX CONSULTING
$6,859.34
300782
11/02/2023
1110

HEALTH AND HUMAN RESOURCE CENTER INC
E0301812
OCT EMPLOYEE ASSISTANCE PRGM: HR
$1,864.55
600757
11/09/2023
1093

HEALTHPOINTE MEDICAL GROUP INC
42612-4141746
MED EMPLOYMENT SCREENING: HR
$200.00
300853
11/08/2023
1192

HOME DEPOT
5974775
MISC SUPPLIES: FACILITIES MAINT: PW
$94.57
300853
11/08/2023
1192

HOME DEPOT
1680356
SUPPLIES: FACILITIES MAINT: PW
$971.99
600758
11/09/2023
1990

HOUSE OF AUTOMATION INC
791803
SWING GATE REPAIR: CIVIC CENTER: PW
$1,210.33
600759
11/09/2023
3320

HUFF VICTORIA
Plein Air 2nd place
PLEIN AIR COMPETITION 2ND PRIZE: TCSD
$100.00
15356
08/21/2023
3384

ICLEI LOCAL GOVERNMENTS FOR SUSTAINABILITY USA
3153
MEMBERSHIP FEE: PLANNING
$2,250.00
15357
08/21/2023
3384

ICLEI LOCAL GOVERNMENTS FOR SUSTAINABILITY USA
3793
MEMBERSHIP DUES: PLANNING 08/01/23-07/31/26
$3,487.50
600760
11/09/2023
2512

IDETAIL SUPPLY CO
NNM7
DETAIL SUPPLIES: FIRE ENGINES
$251.71
300854
11/08/2023
1841

INLAND EROSION CONTROL SRVCS
97437
EROSION CONTROL SUPPLIES: ST MAINT:PW
$720.00
600700
11/02/2023
1396

INNOVATIVE DOCUMENT SOLUTIONS
254167
AUG COPIER MAINT/REPAIR/USAGE: CITYWIDE
$8,951.74
600700
11/02/2023
1396

INNOVATIVE DOCUMENT SOLUTIONS
254168
AUG COPIER MAINT/REPAIR/USAGE: CITYWIDE
$472.90
600700
11/02/2023
1396

INNOVATIVE DOCUMENT SOLUTIONS
254920
SEP COPIER MAINT/REPAIR/USAGE: CITYWIDE
$2,563.20
600700
11/02/2023
1396

INNOVATIVE DOCUMENT SOLUTIONS
254921
SEP COPIER MAINT/REPAIR/USAGE: LIBRARY
$462.06
600701
11/02/2023
2085

INTERPRETERS UNLIMITED
363977
TRANSLATION SERVICES:PD
$87.00
300855
11/08/2023
1053

INTL INSTITUTE OF MUNICIPAL CLERKS
19955 10.03.23
MEMBERSHIP RENEWAL: CITY CLERK
$250.00
300856
11/08/2023
3095

JAVIER I GONZALEZ
1434
HVAC SUPPLIES: FACILITY MAINT
$1,088.58
300856
11/08/2023
3095

JAVIER I GONZALEZ
1425
HVAC SUPPLIES: SENIOR CENTER CIP
$65.24
300856
11/08/2023
3095

JAVIER I GONZALEZ
1426
HVAC SUPPLIES: SENIOR CENTER GIP
$190.31
300856
11/08/2023
3095

JAVIER I GONZALEZ
1427
HVAC SUPPLIES: SENIOR CENTER CIP
$162.04
300856
11/08/2023
3095

JAVIER I GONZALEZ
1404
HVAC SUPPLIES: SENIOR CENTER GIP
$261.00
300856
11/08/2023
3095

JAVIER I GONZALEZ
1438
HVAC SUPPLIES: FACILITY MAINT
$103.30
300856
11/08/2023
3095

JAVIER I GONZALEZ
1440
HVAC SUPPLIES: FACILITY MAINT
$32.46
300860
11/08/2023
1302

JOLLY JUMPS
102723 City of Temec

JUMPER GAME RENTALS- SPECIAL EVENTS
$5,995.00
300857
11/08/2023
2475
1P HANDMADE CORP
68312
BUSINESS CARDS: J. LARUE:FIRE
$81.82
300857
11/08/2023
2475

JP HANDMADE CORP
68220

TCSD - BUSINESS CARDS
$131.00
300857
11/08/2023
2475
1P HANDMADE CORP
68191
BUSINESS CARDS: MAINT: PW
$81.82
600761
11/09/2023
2475

JP HANDMADE CORP
68330
BUSINESS CARDS: PREVENTION
$97.88
300805
11/02/2023
1933

KELLY SPICERS INC
11405402
MISC PAPER SUPPLIES:CENTRALSERVICES
$1,278.57
300805
11/02/2023
1933

KELLY SPICERS INC
11414387
MISC PAPER SUPPLIES:CENTRAL SERVICES
$452.87
300805
11/02/2023
1933

KELLY SPICERS INC
11414386
MISC PAPER SUPPLIES:CENTRALSERVICES
($921.15)
600762
11/09/2023
1090

KEYSER MARSTON ASSOCIATES INC
0038100

LAND USE ECONOMIC OPPORTUNITY STUDY UPDATE
$11,145.00
600762
11/09/2023
1090

KEYSER MARSTON ASSOCIATES INC
0037998

LAND USE ECONOMIC OPPORTUNITY STUDY UPDATE
$19,807.50
600762
11/09/2023
1090

KEYSER MARSTON ASSOCIATES INC
0038178

LAND USE ECONOMIC OPPORTUNITY STUDY UPDATE
$2,205.00
300858
11/08/2023
3304

KOSMONT REAL ESTATE SERVICES
2308.2-001

SURPLUS LAND ACT CONSULTING SV
$364.00
600702
11/02/2023
3111

LAWNSCAPE SYSTEMS INC
441297
WEED ABATMENT AT VARIOUS LOCATIONS: PW
$29,600.00
600702
11/02/2023
3111

LAWNSCAPE SYSTEMS INC
441971
HERBICIDE APPLICATION: MEADOWVIEW: PW
$2,995.00
300806
11/02/2023
1014

LEAGUE OF CALIFORNIA CITIES
2807
REGIST: CAL CITIES ANNUAL CONFERENCE
$250.00
600763
11/09/2023
1050

LEIGHTON AND ASSOCIATES INC
60149
GEOTECHNICAL CONSULTING (PA23-0197)
$4,590.00
300859
11/08/2023
2912

LIBRARY IDEAS LLC
102806

MISC BOOKS - RHRTPL -TCSD
$560.36
600764
11/09/2023
1216

LIFE ASSIST INC
1376760
CPR PROGRAM SUPPLIES: MEDIC:FIRE
$425.10
600764
11/09/2023
1216

LIFE ASSIST INC
1377128
CPR PROGRAM SUPPLIES: MEDIC
$281.45
300807
11/02/2023
2082

LILLIG REBECCA
000778
YOUNG WOMEN'S CAREER CONFERENCE COOKIES: TCSD
$1,000.00
600706
11/02/2023
1567

M T G L INC
0069353
INSPECTION &TESTING SVCS: PW-CIP, PWPR-01-01
$438.38
600765
11/09/2023
1243

MANALILI DE VILLA AILEEN
1200-1206.203 2nd

TCSD INSTRUCTOR EARNINGS
$1,540.00
600703
11/02/2023
2376

MARK THOMAS AND COMPANY INC
48553

CHERRY STREET EXTENSION & MURR
$11,569.75
300861
11/08/2023
1996

MATCHETT VIVIAN
1320.203-1320.204

TCSD INSTRUCTOR EARNINGS
$548.80
600766
11/09/2023
2057

MDG ASSOCIATES INC
17921
SEP CDBG ADMINISTRATION SVCS: COMM DEV
$6,198.13
600766
11/09/2023
2057

MDG ASSOCIATES INC
17924

MARY PHILLIPS SENIOR CENTER OUTDOOR AREA
$970.01
600766
11/09/2023
2057

MDG ASSOCIATES INC
17922
SEP CDBG ADMINISTRATION SVCS: COMM DEV
$290.13
600766
11/09/2023
2057

MDG ASSOCIATES INC
17923

MARY PHILLIPS SENIOR CENTER ENHANCEMENT & RENOV
$970.63
300862
11/08/2023
3361

MEDICAL COST CONTAINMENT SERVICES INC
10067A
GENERAL: HR: ACA REPORTING
$6,364.00
600767
11/09/2023
2259

MICHELLE MEDINA
1040.203 1st half

TCSD INSTRUCTOR EARNINGS
$1,050.00
300863
11/08/2023
1777

MIDWEST TAPE LLC
504481873

BOOKS ON TAPE
$214.80
600704
11/02/2023
1327

MIKES PRECISION WELDING INC
407724
GUARDRAIL INSTALL: RON ROBERT LIBRARY FOUNTAIN: PW
$5,556.00
600704
11/02/2023
1327

MIKES PRECISION WELDING INC
407701
WELDING SERVICES: PW PARKS
$570.00
600768
11/09/2023
1681

MIRANDA JULIO C
3600.205-3630.205

TCSD INSTRUCTOR EARNINGS
$1,499.40
600770
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
517274-00
ELECTRICAL SUPPLIES: PARKS
$1,525.68
600771
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
516692-00
ELECTRICAL SUPPLIES: SENIOR CENTER
$119.18
600771
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
517633-00
ELECTRICAL SUPPLIES: SENIOR CENTER
$27.67
600770
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
516705-00
ELECTRICAL SUPPLIES: SENIOR CENTER
$860.97
600771
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
517572-00
ELECTRICAL SUPPLIES: SENIOR CENTER
$29.90
600771
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
517078-00
ELECTRICAL SUPPLIES: SENIOR CENTER
$37.78
600770
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
516671-00
ELECTRICAL SUPPLIES: SENIOR CENTER
$319.57
600770
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
516948-00
ELECTRICAL SUPPLIES: SENIOR CENTER
$369.27
600769
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
517733
ELECTRICAL SUPPLIES: PARKS
($1,615.98)
600769
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
517274-01
ELECTRICAL SUPPLIES: PARKS
$81.71
600769
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
515878-02
ELECTRICAL SUPPLIES: PARKS
$1,763.69
600769
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
517736-00
ELECTRICAL SUPPLIES: PARKS
$106.70
600770
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
517525-03
ELECTRICAL SUPPLIES: CITY HALL
$390.41
600770
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
517525-00
ELECTRICAL SUPPLIES: CITY HALL
$390.41

Check #
Check Date
Vendor #
Vendor
Invoice #
Description
Invoice Net
600770
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
517525-02
ELECTRICAL SUPPLIES: CITY HALL
$905.76
600770
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
517543-00
ELECTRICAL SUPPLIES: PARKS
$376.46
600770
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
513173-00
ELECTRICAL SUPPLIES: FACILITIES
$1,234.24
600770
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
517164-03
ELECTRICAL SUPPLIES: SENIOR CENTER
$1,098.93
600771
11/09/2023
1241

MISSION ELECTRIC SUPPLY INC
517279-00
ELECTRICAL SUPPLIES: SENIOR CENTER
$154.80
600705
11/02/2023
1241

MISSION ELECTRIC SUPPLY INC
517207-00
ELECTRICAL SUPPLIES: PARKS
$278.26
300864
11/08/2023
2851
EE# 595
Reimb: Team Pace
REIMB: TEAM PACE EVENT: HALLOWEEN
$669.90
300865
11/08/2023
3382

MOORE CHRISTOPHER
Perf: The Merc
STTLMNT: PERFORMANCE AT THE MERC 10/27/23
$1,709.35
600772
11/09/2023
1240

MORAMARCO ANTHONYJ
10/17/23b
ART EVENTS & MURALS: WINDOW PAINTING: TVM
$400.00
600772
11/09/2023
1240

MORAMARCO ANTHONY J
2040.205-2070.203

TCSD INSTRUCTOR EARNINGS
$1,246.00
600773
11/09/2023
1904

MSDSONLINE INC
293949
GENERAUCHEMICAL MANAGEMENT:RM
$2,866.67
600707
11/02/2023
2081

MUSIC CONNECTION LLC
Sttlmnt: 10/14/23
SPEAKEASY @ THE MERC: 10/14/23
$469.00
300808
11/02/2023
3343

NAVY LEAGUE OF THE UNITED STATES INLAND
EMPIRE FY 23/24 CSF 1st

COMMUNITY SERVICE FUNDING REINVESTMENT
$5,000.00
600775
11/09/2023
2578

NIEVES LANDSCAPE INC
75773
IRRIGATION REPAIRS: VARIOUS SPORT PARKS: PW
$167.69
600775
11/09/2023
2578

NIEVES LANDSCAPE INC
75763
IRRIGATION REPAIRS: VARIOUS MEDIANS: PW
$199.55
600774
11/09/2023
2578

NIEVES LANDSCAPE INC
75776
IRRIGATION REPAIRS: VARIOUS SPORT PARKS: PW
$460.78
600775
11/09/2023
2578

NIEVES LANDSCAPE INC
75775
IRRIGATION REPAIRS: VARIOUS SPORT PARKS: PW
$327.46
600776
11/09/2023
2578

NIEVES LANDSCAPE INC
75774
IRRIGATION REPAIRS: VARIOUS SPORT PARKS: PW
$114.37
600776
11/09/2023
2578

NIEVES LANDSCAPE INC
75762
IRRIGATION REPAIRS: VARIOUS MEDIANS: PW
$96.45
600775
11/09/2023
2578

NIEVES LANDSCAPE INC
75760
IRRIGATION REPAIRS: VARIOUS MEDIANS: PW
$199.55
600775
11/09/2023
2578

NIEVES LANDSCAPE INC
75761
IRRIGATION REPAIRS: VARIOUS MEDIANS: PW
$167.69
600775
11/09/2023
2578

NIEVES LANDSCAPE INC
75780
IRRIGATION REPAIRS: VARIOUS SPORT PARKS: PW
$217.79
600774
11/09/2023
2578

NIEVES LANDSCAPE INC
75779
IRRIGATION REPAIRS: VARIOUS SPORT PARKS: PW
$355.73
600776
11/09/2023
2578

NIEVES LANDSCAPE INC
75781
IRRIGATION REPAIRS: VARIOUS SPORT PARKS: PW
$166.39
600776
11/09/2023
2578

NIEVES LANDSCAPE INC
75782
IRRIGATION REPAIRS: VARIOUS SPORT PARKS: PW
$148.09
600776
11/09/2023
2578

NIEVES LANDSCAPE INC
75778
IRRIGATION REPAIRS: VARIOUS SPORT PARKS: PW
$103.79
600776
11/09/2023
2578

NIEVES LANDSCAPE INC
75777
IRRIGATION REPAIRS: VARIOUS SPORT PARKS: PW
$114.37
600775
11/09/2023
2578

NIEVES LANDSCAPE INC
75784
IRRIGATION REPAIRS: VARI LOCATIONS: PW
$343.70
600775
11/09/2023
2578

NIEVES LANDSCAPE INC
75785
IRRIGATION REPAIRS: VARI LOCATIONS: PW
$176.30
600774
11/09/2023
2578

NIEVES LANDSCAPE INC
75787
IRRIGATION REPAIRS: VARI LOCATIONS: PW
$390.49
600774
11/09/2023
2578

NIEVES LANDSCAPE INC
75786
IRRIGATION REPAIRS: VARI LOCATIONS: PW
$418.57
600774
11/09/2023
2578

NIEVES LANDSCAPE INC
75783
IRRIGATION REPAIRS: VARI LOCATIONS: PW
$762.77
600774
11/09/2023
2578

NIEVES LANDSCAPE INC
75741
REMEDIAL LANDSCAPE SVCS: RON ROBERTS LIBRARY: PW
$1,788.00
600774
11/09/2023
2578

NIEVES LANDSCAPE INC
75740
LANDSCAPE SVCS: 1-15 OFF RAMP PW CIP
$6,338.25
600774
11/09/2023
2578

NIEVES LANDSCAPE INC
75739
REMEDIAL LANDSCAPE SERVICE: RRSP: PW
$2,875.00
600775
11/09/2023
2578

NIEVES LANDSCAPE INC
75751
IRRIGATION REPAIRS: RON ROBERTS LIBRARY: PW
$182.33
600775
11/09/2023
2578

NIEVES LANDSCAPE INC
75749

IRRIGATION REPAIR AT SENIOR CENTER
$199.55
600774
11/09/2023
2578

NIEVES LANDSCAPE INC
75662
LANDSCAPE SVCS: PARKS AND MEDIANS
$23,159.00
600776
11/09/2023
2578

NIEVES LANDSCAPE INC
75666

LANDSCAPE MAINTENANCE SERVICES LEVEL C SLOPES
$106.00
600774
11/09/2023
2578

NIEVES LANDSCAPE INC
75660
LANDSCAPE SVCS: FIRE STATIONS
$2,068.00
600777
11/09/2023
1819

NPG INC
1122326
SEAL COAT/STRIPE SENIOR CENTER PARKING LOT: PW
$15,980.00
600708
11/02/2023
1819

NPG INC
1122317
ASPHALT REPAIR: REDHAWK PARKWAY
$69,980.00
300866
11/08/2023
1013

NUTRIEN AG SOLUTIONS INC
52764120

TOOL & EQUIP STREET MAINTENANCE
$72.10
600709
11/02/2023
1511
NV5 INC
355432

MARGARITA RECREATION CENTER
$41,363.13
600778
11/09/2023
1571
EE# 354
REIMB: NEOGOV CONF
REIMB: NEOGOV CONFERENCE
$97.12
600779
11/09/2023
2496

OLD TOWN TIRE AND SERVICE INC
72975

VEHICLE MAINTENANCE - PARKS & FACILITIES
$1,166.31
600779
11/09/2023
2496

OLD TOWN TIRE AND SERVICE INC
73024
VEHICLE MAINT: PW -GIP
$48.78
600710
11/02/2023
2496

OLD TOWN TIRE AND SERVICE INC
72943

VEHICLE MAINTENANCE - PARKS & FACILITIES
$89.01
600710
11/02/2023
2496

OLD TOWN TIRE AND SERVICE INC
73008

VEHICLE REPAIR/MAINTENANCE
$445.51
600710
11/02/2023
2496

OLD TOWN TIRE AND SERVICE INC
72938

INSTALL TRAUCK STEP BOARDS, PW PARKS
$1,357.93
15358
08/21/2023
3385

OMNI HOTEL AND RESORTS
7215
LODGING: STAND-BY SUBPOENA: THE BANK
$368.95
600780
11/09/2023
3294

ORANGE TREE EMPLOYMENT SCREENING LLC
58693
TVE2 BACKGROUND CHECKS
$444.00
600711
11/02/2023
2216

PARKHOUSE TIRE SERVICES INC
3020276607
TIRE SVCS: PW STREET MAINTENANCE: PW
$3,727.47
300867
11/08/2023
2392

PENFOLDS CAFE INC
007
HOLIDAY TURKEY FOR NOVEMBER EVENTS: TCSD
$498.08
600781
11/09/2023
1493

PREMIER MARKETING INC
3201
ESPRESSO CHAUFFEUR SERVICES 11
$750.00
600712
11/02/2023
1493

PREMIER MARKETING INC
3185
MPSC GRAND REOPENING BALLOON ARCHES: TCSD
$950.00
300809
11/02/2023
2727

QUADIENT FINANCE USA INC
PPLN0110/09/23
POSTAGE SERVICES: PD
$300.61
600782
11/09/2023
3136

RAMOS HR CONSULTING INC
1009
CONSULTANT SVCS:HR
$5,735.00
300868
11/08/2023
1134

RANCHO CALIF BUS PK ASSOC
1077168/OCT-DEC'23
OCT-DEC'23 BUS PK ASSN DUES: TVE2
$2,479.89
300868
11/08/2023
1134

RANCHO CALIF BUS PK ASSOC
1077171/OCT-DEC'23
OCT-DEC 23 BUS PK ASSN DUES: FOC
$2,045.92
600783
11/09/2023
2552

REFRIGERATION SUPPLIES, DISTRIBUTOR
60170811-00
MISC HVAC SUPPLIES: FAC: PW
$155.33
600783
11/09/2023
2552

REFRIGERATION SUPPLIES, DISTRIBUTOR
60170441-00
MISC HVAC SUPPLIES: FAC: PW
$209.37
600784
11/09/2023
1150

RICHARDS WATSON AND GERSHON
244590
GENERAL LEGAL SERVICES: RM
$8,935.53
600713
11/02/2023
1150

RICHARDS WATSON AND GERSHON
244357
AUG 2023 LEGAL SERVICES
$165.00
600713
11/02/2023
1150

RICHARDS WATSON AND GERSHON
244557
SEP 2023 LEGAL SERVICES
$70.60
600713
11/02/2023
1150

RICHARDS WATSON AND GERSHON
244562
SEP 2023 LEGAL SERVICES
$1,430.50
600713
11/02/2023
1150

RICHARDS WATSON AND GERSHON
244570
GENERAL LEGAL SERVICES: RM
$30,003.02
600713
11/02/2023
1150

RICHARDS WATSON AND GERSHON
244571
GENERAL LEGAL SERVICES: RM
$23,582.74
600713
11/02/2023
1150

RICHARDS WATSON AND GERSHON
244577
SEP 2023 LEGAL SERVICES
$2,362.50
600713
11/02/2023
1150

RICHARDS WATSON AND GERSHON
244582
SEP 2023 LEGAL SERVICES
$1,883.77
600713
11/02/2023
1150

RICHARDS WATSON AND GERSHON
244583
SEP 2023 LEGAL SERVICES
$1,497.50
600713
11/02/2023
1150

RICHARDS WATSON AND GERSHON
244588
AUG 2023 LEGAL SERVICES
$7,052.50
300810
11/02/2023
1597

RIVERSIDE CO EXECUTIVE OFFICE
2024-02TEM

OCT-DEC ANIMAL SHELTER OPERATIONS
$54,921.00
300811
11/02/2023
1304

RIVERSIDE TRANSIT AGENCY
86858
TROLLEY ROUTE 55 TRANSPORTATION SERVICES
$2,375.80
300812
11/02/2023
1091

ROADLINE PRODUCTS INC
19198

STREET MAINTENANCE SUPPLIES, PW
$551.31
300812
11/02/2023
1091

ROADLINE PRODUCTS INC
19114

STREET MAINTENANCE SUPPLIES, PW
$857.71
600785
11/09/2023
2492
EE# 606
REIMB: NEOGOV CONF
REIMB: NEOGOV CONFERENCE
$235.84
300813
11/02/2023
3321

ROHDE HERBERT BERNARD
10/12/23

PLEIN AIR PRIZE WINNER
$75.00
300869
11/08/2023
1960

ROW TRAFFIC SAFETY INC
41330
MISC STREET MAINTENANCE SUPPLIES: PW
$4,155.30
300814
11/02/2023
3267

SAFEGUARD BUSINESS SYSTEMS INC
9002810384
DEPOSITTICKET: FINANCE
$367.27
300814
11/02/2023
3267

SAFEGUARD BUSINESS SYSTEMS INC
9002773089
ENDORSEMENT STAMPER: FINANCE
$1,031.75

Check N
Check Date
Vendor N
Vendor
Invoice #
Description
Invoice Net
600715
11/02/2023
1552

SANBORN GWYNETH A CO TEMECULA MUSIC ACADEIV
PERF: 10/21/23
COUNTRY LIVE @ THE MERC 10/21/23
$560.00
600787
11/09/2023
2008

SARNOWSKI SHAWNA PRESTON
10102023

PHOTOGRAPHY SERVICES -CITY COUNCIL
$180.00
600787
11/09/2023
2008

SARNOWSKI SHAWNA PRESTON
10242023
PHOTOGRAPHY: FIRE SPECIAL EVENTS
$225.00
600716
11/02/2023
2008

SARNOWSKI SHAWNA PRESTON
10262023
MISC. PHOTOGRAPHY SERVICES
$300.00
600716
11/02/2023
2008

SARNOWSKI SHAWNA PRESTON
10202023

MPSC/HUMAN SERVICES PHOTOGRAPHY
$275.00
600716
11/02/2023
2008

SARNOWSKI SHAWNA PRESTON
10212023

MPSC/HUMAN SERVICES PHOTOGRAPHY
$275.00
600716
11/02/2023
2008

SARNOWSKI SHAWNA PRESTON
10192023

MPSC/HUMAN SERVICES PHOTOGRAPHY
$275.00
600716
11/02/2023
2008

SARNOWSKI SHAWNA PRESTON
010142023

MPSC/HUMAN SERVICES PHOTOGRAPHY
$225.00
600716
11/02/2023
2008

SARNOWSKI SHAWNA PRESTON
10122023
PHOTOS FOR RIBBON CUTTINGS/OPENINGS: TCSD
$300.00
600716
11/02/2023
2008

SARNOWSKI SHAWNA PRESTON
10142023

MUSEUM/ACE PHOTOGRAPHY SVCS
$275.00
300870
11/08/2023
2360

SB&O INC
1023024
ENGINEERING & SURVEY SVCS: PW-GIP, PW22-16
$3,191.80
300870
11/08/2023
2360

SB&O INC
1023022
DESIGN, ENVIRO & SURVEY SVS: PW-CIP
$4,053.30
300870
11/08/2023
2360

SB&OINC
1023027
ENGINEEIRNG&SURVEY SVCS:PWSW02-02
$1,911.75
300870
11/08/2023
2360

SB&O INC
1023026
ENGINEERING CONSULTANT SVCS: PW21-13
$5,960.60
300871
11/08/2023
1974

SCHOLASTIC INC EDUCATION
52724726
MISC BOOKS: RHRTPL: TCSD
$32.11
300815
11/02/2023
2817

SCP DISTRIBUTORS LLC
AL505759
POOL SUPPLIES: AQUATICS
$128.67
300815
11/02/2023
2817

SCP DISTRIBUTORS LLC
ALS06869
POOL SUPPLIES: AQUATICS
$795.98
300815
11/02/2023
2817

SCP DISTRIBUTORS LLC
AL505003
POOL SUPPLIES: AQUATICS
($150.00)
300815
11/02/2023
2817

SCP DISTRIBUTORS LLC
ALS07114
POOL SUPPLIES: AQUATICS
($150.00)
300815
11/02/2023
2817

SCP DISTRIBUTORS LLC
AL504616
POOL SUPPLIES: AQUATICS
$795.98
300872
11/08/2023
1896

SEASIDE ICE LLC
1796

SKATING RINK IN OLD TOWN
$38,085.00
600717
11/02/2023
1509

SHERRY BERRY MUSIC
PERF: 10/19/23
JAZZ @ THE MERC 10/19/23
$500.50
300873
11/08/2023
1870

SKYFIT TECH INC
2023000507
GENERAL: MAINTENANCE:RM
$185.00
600718
11/02/2023
1061

SMART & FINAL INC
10/25/23
MISC SUPPLIES: MPSC: TCSD
$108.30
600788
11/09/2023
2217

SOCIAL WORK ACTION GROUP
07312023E

OUTREACH SERVICES
$30,248.20
600789
11/09/2023
1055

SOUTH COUNTY PEST CONTROL INC
0288669
ROUTINE PEST CONTROL: FACILITIES: PW
$29.00
600789
11/09/2023
1055

SOUTH COUNTY PEST CONTROL INC
0288117
PEST CONTROL SERVICES: FIRE STATIONS
$48.00
600789
11/09/2023
1055

SOUTH COUNTY PEST CONTROL INC
0288149
ROUTINE PEST CONTROL: FACILITIES: PW
$52.00
600789
11/09/2023
1055

SOUTH COUNTY PEST CONTROL INC
0288734
ROUTINE PEST CONTROL: FACILITIES: PW
$59.00
600789
11/09/2023
1055

SOUTH COUNTY PEST CONTROL INC
0288978
PEST CONTROL SERVICES: FIRE STATIONS
$74.00
600789
11/09/2023
1055

SOUTH COUNTY PEST CONTROL INC
0288282
ROUTINE PEST CONTROL: FACILITIES: PW
$36.00
600789
11/09/2023
1055

SOUTH COUNTY PEST CONTROL INC
0288295
ROUTINE PEST CONTROL: FACILITIES: PW
$90.00
600789
11/09/2023
1055

SOUTH COUNTY PEST CONTROL INC
0288286
ROUTINE PEST CONTROL: FACILITIES: PW
$120.00
600719
11/02/2023
1055

SOUTH COUNTY PEST CONTROL INC
0288515
ROUTINE PEST CONTROL: FACILITIES: PW
$40.00
600719
11/02/2023
1055

SOUTH COUNTY PEST CONTROL INC
0288284
ROUTINE PEST CONTROL: FACILITIES: PW
$56.00
600719
11/02/2023
1055

SOUTH COUNTY PEST CONTROL INC
0288495
ROUTINE PEST CONTROL: FACILITIES: PW
$90.00
600719
11/02/2023
1055

SOUTH COUNTY PEST CONTROL INC
0288293
ROUTINE PEST CONTROL: FACILITIES: PW
$123.00
300816
11/02/2023
3342

SPEECH AND LANGUAGE DEVELOPMENT CENTER INC
FY 23/24 CSF

COMMUNITY SERVICE FUNDING REINVESTMENT
$5,000.00
300874
11/08/2023
1028

STADIUM PIZZA INC
09/26/23B
RFRSHMNTS:ECO DEV
$71.18
300874
11/08/2023
1028

STADIUM PIZZA INC
10/18/23B
RFRSHMNTS: WORKFORCE DEV: TCSD
$97.77
300874
11/08/2023
1028

STADIUM PIZZA INC
10/24/23
RFRSHMNTS: WORKFORCE DEV: TCSD
$53.26
300874
11/08/2023
1028

STADIUM PIZZA INC
10/20/23
HUMAN SERVICES SPECIAL EVENTS: TCSD
$365.85
300874
11/08/2023
1028

STADIUM PIZZA INC
10/25/23
RFRSHMNTS: CRC: TCSD
$91.27
300874
11/08/2023
1028

STADIUM PIZZA INC
10/28/23
RFRSHMNTS: WORKFORCE DEV: TCSD
$211.52
300875
11/08/2023
1452

STAPLES BUSINESS CREDIT
7617490058-0-2
MISC OFC SUPPLIES: PW
$17.39
300817
11/02/2023
1452

STAPLES BUSINESS CREDIT
7617490058-0-1
MISC SUPPLIES: PW
$153.07
300817
11/02/2023
1452

STAPLES BUSINESS CREDIT
7617406363-0-1
MISC SUPPLIES: OPERATIONS: TCSD
$174.73
15352
08/21/2023
1535

STARBUCKS CORPORATION
8580
REFRESHMENTS: PUBLIC PRESENTATION MGR
$22.00
600790
11/09/2023
1263

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
686549c
FINGERPRINTING SVCS: HR
$49.00
600720
11/02/2023
1263

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
686549b
LIVE SCANS:TCSD; ADMIN SERVICES: TCSD
$49.00
600720
11/02/2023
1263

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
686549e
FINGERPRINTING SERVICES: PI)
$4,595.00
600720
11/02/2023
1263

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
690830
JUN BLOOD & ALCOHOL ANALYSIS: PD
$210.00
600720
11/02/2023
1263

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
690717
SEP BLOOD & ALCOHOL ANALYSIS: PI)
$770.00
300818
11/02/2023
2016

STC TRAFFIC INC
6533

FIBER OPTIC COMMUNICATIONS SYS
$9,330.00
300876
11/08/2023
1912

STEIN ANDREW
29166
COLOR RUN TOTES: TCSD
$1,900.34
300819
11/02/2023
1912

STEIN ANDREW
29272

MISC MERCHANDISE SPECIAL EVENTS
$3,672.36
600791
11/09/2023
1231

STRONG GARY
10/16/23
PAINTING AT SENIOR CENTER: PW
$2,400.00
600792
11/09/2023
1495

STURDIVANT ANGELA P
3200.202-3205.202

TCSD INSTRUCTOR EARNINGS
$1,043.70
300877
11/08/2023
1453

SUNBELT RENTALS INC
133554126-0010
EDEN CR:TOWER/POWER RENTALS: SPEC EVENTS: TCSD
($173.10)
300877
11/08/2023
1453

SUNBELT RENTALS INC
146473086-0001
LIGHT TOWER/ POWER RENTALS: TCSD
$1,582.87
300878
11/08/2023
2080

SUNRUN INSTALLATION SERVICES INC
10/19/23
REFUND: DUPLICATE PAYMENT
$192.60
600793
11/09/2023
1081

SWARCO MCCAIN INC
INV0275970
TRAFFIC SIGNAL EQUIP ENHANCE FROG-CITYWIDE:PW-TRA
$452.14
300820
11/02/2023
3106

SWCA INCORPORATED
176850
SWAC ENVIRONMENTAL CONSULTANTS(LR-21-1331)
$15,795.00
300821
11/02/2023
3205

SYXSENSE INC
VS12727
MANAGE AND SECURE ENDPOINT DEVICES SOFTWARE:IT
$20,000.00
300822
11/02/2023
1212

T Y LIN INTERNATIONAL
102310236
I-15/ FRENCH VALLEY PARKWAY IMPROV
$16,203.20
300823
11/02/2023
3379

TCC ROASTERS INC
1001
MISC SUPPLIES: BROKERS EVENT: ECO DEV
$250.00
600794
11/09/2023
2372

TELECOM LAW FIRM PC
16241
WIRELESS PLANNING SUPPORT SVCS: COMM DEV
$1,842.60
300824
11/02/2023
1832

TEMECULA LITTLE LEAGUE
61828951
REFUND: SECURITY DEPOSIT
$200.00
300879
11/08/2023
1557

TEMECULA OLIVE OIL COMPANY
592673

YOUNG WOMEN'S CAREER CONFERENCE GIFTS
$251.90
600721
11/02/2023
1914

TEMECULA VALLEY BACKFLOW INC
45361 rev

BACKFLOW TESTING & REPAIRS - VARIOUS FACILITIES
$3,157.50
600721
11/02/2023
1914

TEMECULA VALLEY BACKFLOW INC
45356

BACKFLOW TESTING & REPAIRS - VARIOUS MEDIANS
$490.00
600721
11/02/2023
1914

TEMECULA VALLEY BACKFLOW INC
45360
BACKFLOW SVCS: VARI LOCATIONS: PW
$1,647.00
15306
08/21/2023
1054

TEMECULA VALLEY CHAMBER OF COMMERCE
6878
REGISTRATION: STATE OF THE CITY: COMMISSION
$70.00
15171
08/21/2023
1054

TEMECULA VALLEY CHAMBER OF COMMERCE
1044
REGISTRATION: STATE OF THE CITY: COMDEV
$700.00
600786
11/09/2023
1265

TEMECULA VALLEY SECURITY CENTER
54275

LOCKSMITH SERVICES, SENIOR CENTER
$2,329.43
600714
11/02/2023
1265

TEMECULA VALLEY SECURITY CENTER
54387
LOCKSMITH SERVICES: FACILITY MAINTENANCE
$46.22
300880
11/08/2023
1234

TEMECULA WINNELSON COMPANY
296202 01
PLUMBING SUPPLIES: PARKS
$369.64
600795
11/09/2023
1232

TERRYBERRY COMPANY
P55971
SERVICE RECOGNITION: HR
$119.00
15247
08/29/2023
1568

TIME WARNER CABLE

VAR AUG SPECTRUM

VARIOUS JUL/AUG INTERNET SVCS
$13,800.74
600722
11/02/2023
2421

TITAN RENTAL GROUP INC
47335
CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD
$1,313.23
600722
11/02/2023
2421

TITAN RENTAL GROUP INC
46955
CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD
$1,517.69

Check #
Check Date
Vendor #
Vendor
Invoice #
Description
Invoice Net
600796
11/09/2023
3135

TK CONSULTING INC
3 YNEZ ROAD IMPROVEMENTS -PHASE 1
$39,970.00
600796
11/09/2023
3135

TK CONSULTING INC
4 YNEZ ROAD IMPROVEMENTS -PHASE 1
$9,484.73
600797
11/09/2023
1995

TK ELEVATOR CORPORATION
6000682308
ELEVATOR CALL OUT SERVICE: CIVIC CENTER
$4,021.86
600798
11/09/2023
1068

TOMAR ELECTRONICS INC
040447
VEHICLE LIGHTS FOR NEW TRUCK: PW PARKS
$1,833.20
300825
11/02/2023
2410
EE#534
Team Pace 10/31/23
REIMB:TEAM PACE EVENT 10/31/23
$820.85
600723
11/02/2023
2413

TOWNSEND PUBLIC AFFAIRS INC
20523
CONSULTING/GRANT WRITING SVCS: CITY CLERK
$6,000.00
600799
11/09/2023
2375

TR DESIGN GROUP INC
4790
ARCHITECTURAL SVCS, GIP-PW, PW19-13, ON -CALL AGRMT
$7,470.75
600724
11/02/2023
1555

TV CONVENTION AND VISITORS BUREAU
AUG'23
AUG'23 BUS. IMPRV DISTRICT ASMNTS
$195,604.25
300881
11/08/2023
2340

TWOS COMPANY INC
2403470
MISC SUPPLIES: GIFT SHOP: TCSD
$296.10
300826
11/02/2023
2340

TWOS COMPANY INC
2401881
MISC SUPPLIES: GIFT SHOP: TCSD
$98.70
300826
11/02/2023
2340

TWOS COMPANY INC
2400864
MISC SUPPLIES: GIFT SHOP: TCSD
$1,619.15
300883
11/08/2023
3222

ULTRA SHINE INC
1573A

JANITORIAL SVCS FACILITIES MAINT
$25,655.73
300827
11/02/2023
3222

ULTRA SHINE INC
1573C

JANITORIAL SVCS FACILITIES MAINT
$719.83
600800
11/09/2023
1432

UNDERGROUND SERVICE ALERT OF SOUTHERN
CALIFO 23-241602
OCT DIG SAFE BILLABLE TIX: PW
$87.04
600800
11/09/2023
1432

UNDERGROUND SERVICE ALERT OF SOUTHERN
CALIFO 1020230751
OCT DIG SAFE BRD BILLABLE TIX: PW
$272.50
300828
11/02/2023
2484

US AIR CONDITIONING DISTRIBUTORS LLC
6473287

HVAC SUPPLIES, FACILITY MAINTENANCE
$208.21
600725
11/02/2023
2941

VAN OTTERLOO INC
178382

VEHICLE MAINTENANCE -STREET MAINTENANCE
$3,429.55
600801
11/09/2023
2034

WADDLETON JEFFREY L
2800.203-2810.203

TCSD INSTRUCTOR EARNINGS
$1,931.30
600801
11/09/2023
2034

WADDLETON JEFFREY L
1174
HIGH HOPES DJ SVCS: TCSD
$525.00
300884
11/08/2023
1439

WALMART
11/01/23
MISC SUPPLIES: CRC: TCSD
$105.76
300829
11/02/2023
1439

WALMART
10/18/23
MISC SUPPLIES: TCC: TCSD
$81.64
300829
11/02/2023
1439

WALMART
10/23/23
MISC SUPPLIES: CRC: TCSD
$157.02
300829
11/02/2023
1439

WALMART
10/25/23
MISC SUPPLIES: TCSD: SPECIAL EVENTS
$180.00
300830
11/02/2023
1102

WAXIE SANITARY SUPPLY INC
82057213
JANITORIAL SVCS FACILITY MAINT: PW
$6,155.69
300830
11/02/2023
1102

WAXIE SANITARY SUPPLY INC
82019732

JANITORIAL SUPPLIES
$897.19
300885
11/08/2023
2230

WEBB MUNICIPAL FINANCE LLC
ARIV0000018

TCSD ANNUAL MAILINGS
$20,160.00
600802
11/09/2023
1782

WESTERN AV
19504
AV EQUIP:OLD TOWN & VARIOUS FACILITIES -GIP IT20-01
$6,898.01
600726
11/02/2023
1454
WESTERN RIVERSIDE CO REG.CONSERVATION AUTHOR Sep'23
SEP'23 MSHCP PAYMENT
$203,060.00
300886
11/08/2023
2175

WHITE CAP LP
50024192252
MISC SUPPLIES:TVE2
$623.44
300831
11/02/2023
1178

WSP USA INC
1357260
CLIMATE ACTION PLAN LR23-0083
$3,323.21
Total
$2,425,351.89

Item No. 4

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: November 28, 2023
SUBJECT: Adopt Ordinance No. 2023-11 Amending Title 17 of the Temecula Municipal Code to Implement the Programs in the City's Housing Element (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled:

ORDINANCE NO. 2023-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 17 OF THE TEMECULA

MUNICIPAL CODE TO IMPLEMENT THE PROGRAMS IN
THE CITY' S HOUSING ELEMENT BY (1) ADDING

DEFINITIONS FOR AGRICULTURAL EMPLOYEE HOUSING,

EMPLOYEE HOUSING, FAMILY DAY CARE HOME, LARGE

FAMILY DAY CARE HOME, LOW BARRIER NAVIGATION
CENTER AND SMALL FAMILY DAY CARE HOME, (2)

PROVIDING THAT EMPLOYEE HOUSING AND

AGRICULTURAL EMPLOYEE HOUSING ARE PERMITTED
USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3)

PROVIDING THAT RESIDENTIAL CARE FACILITIES FOR

THE ELDERLY (SEVEN OR MORE) ARE PERMITTED USES
IN THE HR, RR, VL, L-1, L-2, LM, HR-SM ZONES, (4)

PROVIDING THAT RESIDENTIAL CARE FACILITIES
(SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR,
VL, L-1, L-2, LM, M, AND HR-SM ZONES, (5) PROVIDING

THAT COMMUNITY CARE FACILITIES ARE PERMITTED IN
ALL RESIDENTIAL ZONES, (6) ADDING SUPPORTIVE
HOUSING STANDARDS, (7) PROVIDING THAT

SUPPORTIVE HOUSING, TRANSITIONAL HOUSING AND

LOW BARRIER NAVIGATION CENTERS ARE PERMITTED
USES IN THE NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO-5, PDO-6, PDO-7, PDO-10, AND PDO-14 ZONES, (8) PROVIDING

THAT TRANSITIONAL HOUSING AND SUPPORTIVE
HOUSING ARE A PERMITTED USE IN THE PDO-11, PDO-12
AND PDO-15 ZONES, (9) UPDATING EMERGENCY SHELTER

PARKING STANDARDS, (10) REVISING REASONABLE
ACCOMMODATION REGULATIONS, (11) REVISING

PARKING STANDARDS FOR MULTI -FAMILY RESIDENTIAL
USES WITH 12 UNITS OR LESS, (12) MAKING OTHER

REVISIONS TO CONFORM WITH CHANGES IN STATE LAW,
AND (13) MAKING A FINDING THAT NO FURTHER

ENVIRONMENTAL REVIEW IS REQUIRED UNDER

CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINES SECTION 15162
BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present.

Ordinance No. 2023-11 was first introduced at the regularly scheduled meeting of November 14, 2023.

FISCAL IMPACT: None
ATTACHMENTS: Ordinance

ORDINANCE NO.2023-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLE 17 OF THE

TEMECULA MUNICIPAL CODE TO IMPLEMENT THE
PROGRAMS IN THE CITY'S HOUSING ELEMENT BY (1)

ADDING DEFINITIONS FOR AGRICULTURAL

EMPLOYEE HOUSING, EMPLOYEE HOUSING, FAMILY

DAY CARE HOME, LARGE FAMILY DAY CARE HOME,

LOW BARRIER NAVIGATION CENTER AND SMALL
FAMILY DAY CARE HOME, (2) PROVIDING THAT

EMPLOYEE HOUSING AND AGRICULTURAL

EMPLOYEE HOUSING ARE PERMITTED USES IN THE
HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3)

PROVIDING THAT RESIDENTIAL CARE FACILITIES

FOR THE ELDERLY (SEVEN OR MORE) ARE
PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, AND
HR-SM ZONES, (4) PROVIDING THAT RESIDENTIAL

CARE FACILITIES (SEVEN OR MORE) ARE PERMITTED
USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND HR-SM
ZONES, (5) PROVIDING THAT COMMUNITY CARE

FACILITIES ARE PERMITTED IN ALL RESIDENTIAL
ZONES, (6) ADDING SUPPORTIVE HOUSING
STANDARDS, (7) PROVIDING THAT SUPPORTIVE

HOUSING, TRANSITIONAL HOUSING AND LOW

BARRIER NAVIGATION CENTERS ARE PERMITTED
USES IN THE NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO- 5, PDO-6, PDO-7, PDO-10, AND PDO-14 ZONES, (8)

PROVIDING THAT TRANSITIONAL HOUSING AND

SUPPORTIVE HOUSING ARE A PERMITTED USE IN THE
PDO-11, PDO-12 AND PDO-15 ZONES, (9) UPDATING
EMERGENCY SHELTER PARKING STANDARDS, (10)

REVISING REASONABLE ACCOMMODATION
REGULATIONS, (11) REVISING PARKING STANDARDS
FOR MULTI -FAMILY RESIDENTIAL USES WITH 12
UNITS OR LESS, (12) MAKING OTHER REVISIONS TO
CONFORM WITH CHANGES IN STATE LAW, AND (13)

MAKING A FINDING THAT NO FURTHER

ENVIRONMENTAL REVIEW IS REQUIRED UNDER

CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINES SECTION 15162

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

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

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

B. The code amendments are being made to ensure the Temecula Municipal Code is amended in conformity with the housing programs that the City committed to when it adopted the 2021-2029 Housing Element and amendments needed to conform to changes in State law.

Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that:

A. On October 18, 2023, the Temecula Planning Commission considered this Ordinance 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.

B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2023-18 recommending approval of the Ordinance by the City Council.

C. On November 14, 2023, the City Council, at a regular meeting, considered the Ordinance 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.

D. 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 3. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendments hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:

A. The 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; The Ordinance implements the goals and policies contained in the City's 2021-2029 Housing Element. Inclusion of Agricultural Employee and Employee housing furthers Policy 1.2 of the Housing Element which is to, "Encourage residential development that provides a range of housing types in terms of cost, density, unit size, configuration, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types." Inclusion of Residential Care Facilities, Residential Care Facilities for the Elderly, Community Care Facilities implements Goal 2 of the Housing Element which is to, "Provide housing for people of different economic segments and with special needs." Addition of Supportive Housing, Transitional Housing, and Low Barrier Navigation Centers furthers Goal 5 of the Housing Element which is to, "Affirmatively further fair housing, providing equal housing

opportunity for all residents in Temecula." Implementation of revised reasonable accommodations, revised parking standards, and implementing a streamlined review process all further Goal 3 of the Housing Element, which is to, "Reduce and/or remove governmental and nongovernmental constraints in the maintenance, improvement, and development of housing, where appropriate and legally possible." The Ordinance amends the Municipal Code to implement the programs of the Housing Element to remove constraints on the development of housing.

B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan;
The Ordinance implements the goals and policies contained in the City's 2021-2029 Housing Element. The Ordinance amends the Municipal Code to implement the programs of the Housing Element to remove constraints on the development of housing.

C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with State Housing Law, the federal Fair Housing Act, the California Fair Employment and Housing Act, and to be internally consistent with the other elements of the Temecula General Plan and all applicable provisions contained therein.

Section 4. Subsection A ("A" Definitions and Illustrations) of Section

17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title 17 of the Temecula Municipal Code is hereby amended to add new definitions to read as follows, with all other provisions of Section 17.03.010 remaining unchanged:
"Agricultural employee housing" means housing for agricultural workers that may include, but is not limited to, conventionally constructed units and manufactured housing consisting of no more than 36 beds in group quarters (or 12 units or less) designed for use by a single family or household. "Agricultural use" means land with a minimum lot size of five (5) acres that is used for the purpose of producing an agricultural commodity for commercial purposes. Agricultural commodity means any and all plant and animal products produced in this state for commercial purposes. An agricultural use can occur wholly, or in part, in a greenhouse.

Section 5. Subsection E ("B" Definitions and Illustrations) of Section

17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title 17 of the Temecula Municipal Code is hereby amended to add a new definition to read as follows:
"Employee housing" has the same meaning as set forth in Health and Safety Code section 17008.

Section 6. Subsection F ("F" Definitions and Illustrations) of Section

17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title 17 of the Temecula Municipal Code is hereby amended to amend the definition of "Family day care home" as follows:

"Family day care home" means a home (a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a multifamily dwelling in which the underlying zoning allows residential uses) which that regularly provides care, protection, and supervision of fourteen or fewer children, in the provider's own home, whether the home is rented, leased or owned, for periods of less than twenty-four hours per day, while the parents or guardians are away. This includes large family day care homes and small family day care homes." Section 7. Subsection L ("L" Definitions and Illustrations) of Section

17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title 17 of the Temecula Municipal Code is hereby amended to add new definitions as follows:
"Large family day care home" means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Health and Safety Code Section 1597.465.
"Low barrier navigation center" means a Housing First, low -barrier, service -enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low Barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following: 1) the presence of partners if it is not a population - specific site, such as for survivors of domestic violence or sexual violence, women, or youth; 2) pets; 3) the storage of possessions; 4) privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms." Section 8. Subsection S ("S" Definitions and Illustrations) of Section

17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title 17 of the Temecula Municipal Code is hereby amended to add a new definition as follows:
"Small family daycare home" means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Health and Safety Code Section 1597.44."
Section 9. A new paragraph "G" entitled "Public Hearings for Housing Development Projects" is hereby added to Section 17.03.040 (Public hearing and notification) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other provisions of Section 17.03.040 remaining unchanged:
"G. Public Hearings for Housing Development Projects. In accordance with California Government Code Section 65905.5 the City may not conduct more than five (5) public hearings on a housing development project if the project complies with the objective general plan and zoning standards in effect at the time an application is deemed complete. For purposes of this paragraph G, a "public hearing" shall have the same meaning as set forth in Government Code Section 65905.5(b)(2); and a "housing development project" shall have the same meaning as set forth in Government Code Section 65905.5(b)(3). This paragraph (G) shall remain in effect only until January 1, 2034, and as of that date is repealed." 4 Section 10. Table 17.06.030 "Residential Districts" of Section 17.06.030 (Use regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a line under "Residential" to read as follows (with additions shown in underlined text and deletions shown in underlined text), with all other provisions of Table 17.06.030 remaining unchanged:

Description of Use
HR
RR
VL
L-1
L-2
LM
M
H
HR-
SM9
Residential
Employee housing14
P_
P_
P_
P_
P
P_
P_
P
-
Agricultural employee
P
P
P
P
P
P
P
P
=
housing 15
Community care facility
P
P
P_
P
P
P
P
PP
Residential care facilities
(seven or more)
EP
EP
EP
EP
EP
EP
EP
P
C-P
Residential care facilities
for the elderly (seven or
more
GP
EP
EP
EP
EP
EP
P
P
EP
Footnote 14: Employee housings providing accommodations for six or fewer employees shall be deemed a single-family structure with a residential land use designation. Employee housing providing accommodations for seven or more employees shall be considered a multifamily use and shall only be permitted in the medium density and high density residential zones.

Footnote 15. Agricultural employee housing is a residential land use for land designated for agricultural use. An agricultural use is defined in Section 17.34.010.

Section 11. A new Footnote 6 is added to 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 to read as follows (with additions shown in underlined text), with all other provisions of Table 17.06.040 remaining unchanged:

HR
RR
VL
L-1
L-2
LM
M 5
H6
HR-SM
Other
requirements
Maximum
10%
15%
20%
25%
25%
35%
35%
30%
Subject to
percent of lot
Section
coverage

17.06.080
Footnote 6: The lot coverage requirement may be reduced to the extent it would physically preclude a housing development project as defined in Government Code Section 65589.5(h)(2) consisting of three to 10 units from achieving the floor area ratios allowed pursuant to Government Code Section 65913.11.
5 Section 12. Paragraph (F)(15) of Section 17.06.080 (Hillside 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 additions shown in underlined text), with all other provisions of Section 17.06.080 remaining unchanged:
"15. A fuel modification plan consistent with the General Guidelines for Creating Defensible Space adopted by the State Board of Forestry and Fire Protection, February 8, 2006 "General Guidelines"), or the most current edition of the General Guidelines." Section 13. Section 17.06.090 (Objective design standards -Multifamily and mixed -use development.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text):
"Any housing development project that, pursuant to state law; requires ministerial approval or streamlined review, or where the housing development project is subject to discretionary review, but a specific plan or a planned development overlay zoning district (PDO) does not otherwise set forth objective design standards applicable to the project shall comply with the Temecula Objective Design Standards for Multifamily and Mixed -Use Developments." Section 14. A new Section 17.06.100 (Streamlined review) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows:
"17.06.100 Streamlined review
The City shall conduct a streamlined review of projects that are eligible under Government Code section 65913.41 and 65912.100 et seq., or any other State mandated streamlined review." Section 15. A new Section 17.06.110 (Supportive housing) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows:
"Section 17.06.110 Supportive housing
A. Purpose. The purpose of this section is to allow supportive housing, as defined in Government Code Section 65582, consistent with State law to ensure equality of treatment for all residential uses regardless of the occupant. Supportive housing is generally described as permanent housing linked to a range of support services designed to enable residents to maintain stable housing.

B. Applicability and Standards.
(1) Supportive housing shall be permitted by right in any zone where multifamily and mixed uses are permitted if the proposed housing development satisfies all requirements of Government Code Section 65651(a).

(2) If the supportive housing development is located within one-half mile of a public transit stop, no parking spaces are required for the units occupied by supportive housing residents per Government Code Section 65654.
(3) Supportive housing shall comply with objective development standards and policies that apply to other multifamily development within the same zone. In the event of a conflict between the standards of this section and the standards of the underlying zone, the standards in this section shall apply.

C. Processing of Application.
(1) The following time frames apply to the processing of a supportive housing application, unless different time frames are set forth in Government Code section 65653. The City shall notify the applicant whether the application is complete within 30 days of receipt of an application to develop supportive housing. The City shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units. If any of these timeframes are modified by State law, then State law shall govern." Section 16. 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 additions shown in underlined text and deletion shown in strikethrough text) with all other provisions of Table 17.08.030 remaining unchanged:

Description of Use
NC
CC
HT
SC
PO
BP
LI
L
Low Barrier Navigation Center13
P
P
P
P
P
-
-
Supportive housing14
- P
C-P
-P
-P
C-P
-
-
T
Transitional housing15
-P
C-P
-P
-P
C-P
-
-
Footnote 13. A low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65662.

Footnote 14. Supportive housing shall comply with Section 17.06.110.

Footnote 15. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. To determine whether the type of transitional housing proposed is a permitted or conditionally, permitted use, see the different residential types in the chart above."
Section 17. Subsection R(7) of Section 17.10.020 (Supplemental development standards) of Chapter 17.10 (Supplemental development standards) of Title 17 (Zoning) is hereby amended to read as follows (with additions shown in underlined text), with all other provisions of Section 17.10.020 remaining unchanged:

"7. A minimum of one parking space for every ten beds, plus one-half parking space for each bedroom designated for families with children, plus one parking space for each employee/volunteer on duty, shall be maintained. The number of parking spaces may be reduced by twenty-five percent if the shelter is located within one thousand feet of a public transit stop.

Bicycle rack parking shall also be provided at the facility. Notwithstanding the foregoing, these standards shall not apply if they require more parking for emergency shelters than other residential or commercial uses in the same zone."
Section 18. Table 17.12.030 (Schedule of Permitted Uses — Public/Institutional Districts) of Section 17.12.030 (Use regulations) of Chapter 17.12 (Public/Institutional Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows to read as follows, with all other provisions of Table 17.12.030 remaining unchanged:

Description of Use
Public/Institutional District (PI)
L
Low Barrier Navigation Centers
P
S
Supportive housing
P
T
Transitional housing?
P
Footnote 5. A low barrier navigation center shall be permitted by right in the PI zone only if the project meets the criteria set forth in Government Code section 65662.

Footnote 6. Supportive housing shall comply with Section 17.06.110.

Footnote 7. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type.

Section 19. Table 17.22.116 (Schedule of Permitted Uses Margarita Road Planned Development Overlay District - 2) of Article III (Margarita Road Planned Development Overlay District — 2) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add new rows under "Residential" to read as follows, with all other provisions of Table 17.22.116 remaining unchanged:

Description of Use
PDO-2
Residential
Low Barrier Navigation Center
Ps
Supportive housing
P6
Transitional housing
P7
Footnote 5. A low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65662.

Footnote 6. Supportive housing shall comply with Section 17.06.110. Supportive housing in single-family detached and duplex (two-family dwellings) are permitted only with the approval of the planning commission to ensure compliance with objective design standards.

Footnote 7. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type.

Section 20. Table 17.22.136B (Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District — 4) of Section 17.22.136 (Use Regulations) of Article V (Temecula Creek Village Planned Development Overlay District — 4) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows to read as follows, with all other provisions of Table 17.22.136 remaining unchanged:

Description of Use
PD04R
PD04V
L
Low barrier navigation cente?
P
-
S
Supportive Housinglo
P
-
T
Transitional housings s
C
-
Footnote 9. A low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65662.

Footnote 10. Supportive housing shall comply with Section 17.06.110.

Footnote 11. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type.

Section 21. Section 17.22.146 (Use Regulations) of Article VI (Rendezvous Planned Development Overlay District (PDO-5)) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text):
"A. Only multifamily residential land uses shall be allowed in the PDO.

B. Low barrier navigation centers shall be permitted by right if the project meets the criteria set forth in Government Code section 65662.

C. Supportive housing shall comply with Section 17.06.110 and shall be permitted by right in a multifamily residential use.

D. Transitional housing shall be permitted by right in a multifamily residential use."

Section 22. Planning Area B - Rancho Pueblo Professional Center of Section

17.22.164 (Planning areas) of Article VII (Rancho Pueblo Planned Development Overlay District (PDO-6)) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text), with all other provisions of Section 17.22.164 remaining unchanged:
"PLANNING AREA B - RANCHO PUEBLO PROFESSIONAL CENTER
The site may contain a well -coordinated mix of professional office and other use types, including:

Medical and professional office;

2. Self -storage facilities;

3. Assisted living facilities;

4. Senior living facilities.

5. Supportive housing shall comply with Section 17.06.110 and shall be permitted by in a multifamily residential use.

6. Transitional housing shall be permitted by right in a multifamily residential use.

7. Low barrier navigation centers shall be permitted by right in a multifamily residential use.

The site is organized around the central main street, Rancho Pueblo Road, which traverses the middle of the site, from its western terminus at Highway 79, shared with the Rancho Community Church and Schools site to the west, to its interim eastern terminus at the PDO eastern boundary; secondary access is also provided via the right -in right -out road connecting to Highway 79 at the eastern boundary of the site. - In addition, a connection for Rancho Pueblo Road to the east is provided in planning area B.

Development parcels are located along and accessed from Rancho Pueblo Road, which bisects the site in an east -west direction. Some access may also be provided, at a suitable distance from Highway 79, from the right -in, right -out access road connecting to Highway 79, at the eastern end of the site. Parcels along Highway 79 have their front yards, with appropriate setbacks, designated along Highway 79, while the parcels to the rear of the site front onto Rancho Pueblo Road.

Main entries of buildings, especially those along the Highway 79 frontage, will be oriented towards the interior of the site to keep the amount of parking on the exterior boundaries of the site to a minimum. Buildings fronting onto Highway 79 will be variably setback and spaced along the right- of-way line to provide a combination of visually interesting relationships with respect to access and movement of vehicles and pedestrians within the site. Whenever possible, cluster groups or pairs of buildings around shared, central courtyards to promote a more village -like atmosphere.

Figure 5A illustrates a representative development pattern, while Figure II (see Section

17.22.172(A)(3)), illustrates how the shared landscaped areas can as pedestrian gathering places, serving adjacent buildings.
10 L __j t I
..........
•iFnw� FF +14'•
�I
r
Fig. 5A Planned Development Overlay PA01-0522
Conceptual Illustrative Land Use Plan —Rancho Pueblo Professional Center" Section 23. Table 17.22.186B (Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District - 7 Description of Use Area) of Section 17.22.186 (Use Regulations) of Article VIII (Linfield Christian School Planned Development Overlay District -7) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows, with all other provisions of Table 17.22.18613 remaining unchanged:

Description of Use
Area 1A, 1B,
1C & 1D (EI)
Area 2 (ER)
Area 3A &
3B (PI)
L
Low Barrier Navigation Center
P
S
SjipportiyLhousin&4
-
P
-
T
Transitional housings
C
C
C
Footnote 3. Low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65562.

Footnote 4. Supportive housing shall comply with Section 17.06.110.

Footnote 5. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. To determine whether the type of transitional housing 191

proposed is a prohibited, permitted or conditionally permitted use, see the different residential types in the chart above."
Section 24. Table 17.22.196 (Schedule of Permitted Uses De Portola Road Planned Development Overlay District - 8) of Section 17.22.196 (Use Regulations) of Article IX (De Portola Road Planned Development Overlay District -8) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows to read as follows, with the remainder of Table

17.22.196 remaining unchanged:

Description of Use
PDO-8
L
Low Barrier Navigation Center
P
S
Supportive housinga
P
T
Transitional housing9
P
Footnote 7. Low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65562.

Footnote 8. Supportive housing shall comply with Section 17.06.110.

Footnote 9. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type.

Section 25. Table 17.22.216(B) Schedule of Permitted Uses Temecula Education Center Planned Development Overlay District-10 of Section 17.22.216 (Use Regulations) of Article XI (Temecula Education Center Planned Development Overlay District - 10) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows to read as follows, with all other provisions of Table 17.22.216(B) remaining unchanged:

Description of Use
PDO-10
L
Low Barrier Navigation Center6
P
S
Supportive housing?
P
T
Transitional housing $
P
Footnote 6. Low barrier navigation center is permitted by if the project meets the criteria set forth in Government Code section 65662.

Footnote 7. Supportive housing shall comply with Section 17.06.110. 12 Footnote 8. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type.

Section 26. Section 17.22.226 (Use Regulations) of Article XII (Mira Loma Planned Development Overlay District -11) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text):
"The Mira Loma planned development overlay district (PDO-11), located along Mira Loma Drive and Rancho Vista Road, is intended to provide for the development of sixty-two single-family detached homes on condominium lots on 7.4 acres with a proposed density of 8.4 du/ac and a maximum permitted density of 10.0 du/ac. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city's general plan policies in response to local market demands and will provide for a visually pleasing environment through adoption of supplemental performance standards that have been provided to ensure compatibility with the adjacent neighborhoods. Supportive housing that complies with Section 17.06.110 shall be a permitted use. Transitional housing shall be permitted by right in single family homes."
Section 27. Section 17.22.246 (Use Regulations) of Article XIII (Walcott Estates Planned Development Overlay District -12) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows:
"The Walcott Estates planned development overlay district (PDO-12), located between Walcott Lane and Butterfield Stage Road, is intended to provide for the development of forty-five single- family detached homes on fee owned lots, on 25.13 gross acres, with a proposed density of 1.8 dwelling units per gross acre. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city's general plan policies in response to local market demands and will provide for a visually pleasing environment through adaptation of supplemental performance standards that have been provided to ensure transitional compatibility with adjacent neighborhoods. Supportive housing that complies with Section 17.06.110 shall be aapermitted use. Transitional housing shall be permitted by right in single family homes." Section 28. Table 1 Schedule of Permitted Uses of Section 17.22.276 (Use Regulations) of Article XV (Gateway Planned Development Overlay District -14) of Chapter

17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows to read as follows, with all other provisions of Section 17.22.276 remaining unchanged:

Description of Use
PA1 and PA2
L
Low barrier navigation center
P
13 S
Supportive housin 4
P
T
Transitional housing'
P
Footnote 3. Permitted by if the project meets the criteria set forth in Government Code section 65662.

Footnote 4. Supportive housing shall comply with Section 17.06.110.

Footnote 5. Multi -family transitional housing is permitted by right.

Section 29. Section 17.22.294 (Use Regulations) of Article XVI (Cypress Ridge Planned Development Overlay District -15) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows:
"The Cypress Ridge planned development overlay district (PDO-15), located within Pechanga Parkway, Loma Linda Avenue and Temecula Lane, is intended to provide for the development of two hundred forty-five single-family detached and attached homes within fee simple condominium unit boundaries, on 22.7 gross acres/20.18 net acres, with a proposed average density of 12.14 dwelling units per net acre. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city's general plan policies in response to local market demands and will provide for a visually pleasing environment through adaptation of supplemental performance standards that have been provided to ensure transitional compatibility with adjacent neighborhoods. Supportive housing that complies with Section 17.06.110 shall be aapermitted use. Transitional housing shall be permitted by in single family homes." Section 30. Section 17.03.065 (Reasonable Accommodations) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended in its entirety to read as follows (with additions shown in underlined text and deletions shown in underlined text):
"17.03.065 Reasonable accommodations.

A. Purpose and Intent. It is the purpose and intent of this section to provide flexibility in the application of the City of Temecula Municipal Code for individuals with a disability, when flexibility is necessary to eliminate barriers to housing opportunities. This section will facilitate compliance with federal and state housing laws through procedures for considering requests for reasonable accommodations in the application of the city's zoning and land use regulations, policies, and practices pursuant to the federal Fair Housing Act (codified in Section 3604(1)(3) of Title 42 of the United States Code), and the California Fair Employment and Housing Act codified in Section 12955 et seq. of the California Government Code), which prohibit local ,governments from refusing to make accommodations in policies and practices=when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling in the city. 14 B. Applicability. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development and use of housing or housing -related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity for housing of their choice.

B C. Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings:
"Applicant" means a per -so an individual, business, or organization making a written request to the city for reasonable accommodation in the strict application of the city's zoning and land use laws, rules, policies, practices and/or procedures.
"Development code" means the city of Temecula development code as set forth in this title. "Director" or "planning director" means the director of planning. " Person with a disability" means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment.

Such an impairment shall not include an individual's current, illegal use of a controlled substance unless that individual has a separate disability.
"Fair Housing Laws" means the "Federal Fair Housing Act" (42 U.S.C. Section 3601, et seq.), the Americans with Disabilities Act (ADA), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), as these statutes now exist or may be amended from time to time, and each Act's implementing regulations. "Fundamental alteration" in the land use and zoning context has the same meaning as defined in the Fair Housing Laws and interpretive case law.
"Reasonable accommodation" in the land use and zoning context means any deviation, waiver or other modification requested and/or granted from the strict application of the city's zoning and land use ordinances, laws, rules, regulations, policies, practices and/or procedures for the siting, development and/or use of housing or housing related facilities, when the deviation, waiver or other modification is necessary to eliminate barriers to housing opportunities for the use and eniovment of an individual resident's housing of their choice. "Undue financial or administrative burden" in the land use and zoning context has the same meaning as defined in the Fair Housing Laws and interpretive case law.

GD. Authority of the Planning Director. The planning director is hereby designated to approve, nditio„ally eve approve with modifications, or deny, without public hearing, all applications for a reasonable accommodation with respect to land use and zoning ordinances, laws, rules, regulations, policies, practices and/or procedures.

DE. Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodations shall be prominently displayedpublic information counters in the planning zoning and building departments, and City Clerk's office, and on the city's website, 15 advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in those departments, from the city's ADA coordinator, and on the city's website.

F. Procedure for Application Review.

I . Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability.

2. Application. An application for a reasonable accommodation shall be made on a form provided by the planning department. The application form shall include a checklist of materials, reports, developments, plans, and written information to be provided by the applicant.

No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.

3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval (including but not limited to, design review, conditional use permit, variance or subdivision), the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.

4. Required Submittals. An application for a reasonable accommodation shall include the following:
a. Documentation that the applicant is: (i) a person with a disability, (ii) applying on behalf of one or more persons with a disability, or (iii) a developer or provider of housing for one or more persons with a disability;
b. The name and address of the individual(s) requesting the reasonable accommodation;
C. The name and address of the property owner(s);
d. If the applicant is someone different than the property owner, a letter of aeencv or authorization signed by the owner consentiniz to the application being made:
e. The address and current use of the property for which accommodation is requested;
e f. A description of the reasonable accommodation requested by the applicant, and the ordinance, law, regulation, policy, practice or procedure for which accommodation is sought;
Eri

f.g. An explanation of how and why the specific reasonable accommodation requested by the applicant is necessary to provide the individual(s) with a disability an equal opportunity to use and enjoy the residence; gh. Where applicable, documentation that the requested accommodation is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulation and full use of the building and facilities by persons with disabilities.

5. The planning director may request additional information from the applicant consistent with the Fair Housin Laws aws if the applieatien does not p ide sufficient inf Finatio for- the eity to iak necessary for the city to make a determination on the request for reasonable accommodation in accordance with the findings required in subsection EG. The planning director shall specify in detail the additional information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision as provided in Subsection (H)(2) is staved until the applicant responds to the reauest.

6. Except as otherwise required by law, any information identified by an qPplicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for Dublic inspection.

7. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.
lG. Basis for Decision on Request for Reasonable Accommodations Findings.

1. General. The written decision to approve, approve with modifications, or deny a request for reasonable accommodation shall be consistent with Fair Housing Laws and this �uhgection.

2. Findings. The written decision shall be based on the following findings, all of which are required for approval or approval with modifications:
a. The requested accommodation is requested by or on behalf of one or more persons with a disability protected under the Fair Housing Laws; b. The requested accommodation is necessary to provide one or more indivi"als persons with a disability an equal opportunity to use and enjoy a dwelling, and the housing which is the subject of the request for accommodation will be used b. s�person(s) with disabilities protected by the Fair Housing Laws;
C. The requested accommodation will would not impose an undue financial or administrative burden on the city;
d. The requested accommodation will would not result in a fundamental alteration in the nature of the city's land use and zoning program; 17 e. The requested accommodation wi44 would not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

23. Conditions of approval. In rig a request for reasonable accommodation, the planning director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this section.

Conditions may also be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to afford the individual with a disability for whom the reasonable accommodation was granted the use and enjoyment of the dwelling.
-34. None of the findings of this section are intended to supersede any other findings which might also be required for a discretionary permit that is reviewed concurrently with the request for accommodation.
2L.5. In determining whether the requested reasonable accommodation is necessary to provide one or more disable persons with disabilities an equal opportunity to use and enjoy a dwelling, pursuant to subsection (€)"(1 Kb)(G)(21(b), the city may consider, but is not limited to, the following factors:
a. Whether the requested accommodation will affirmatively enhance the quality of life of one or more ifi&vi"als persons with a disability; b. Whether the ;,,,a;.,;,a, a or :,,,a:v:,a,,a person(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation; �6. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of the city's land use and zoning program, pursuant to subsection (€)(,�(G)(?)(d), the city may consider, but is not limited to, the following factors:
a. Whether the requested accommodation would fundamentally alter the character of the neighborhood or the community in which the requested accommodation would be located;
b. Whether the accommodation would result in a substantial increase in traffic or insufficient parking when compared to the projected traffic or parking of other uses allowed by right or conditionally allowed in the subject zone district; C. Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan or zoning districts;

47. Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
18 F-;H. Review Authority; Notice of Decision.

1. Authority. The planning director shall have the authority to consider and act on for reasonable accommodation and shall make reasonable accommodations in rules. policies, practices, procedures or services when those accommodations may be necessary to afford one or more persons with disabilities equal opportunities to use and enjoy their dwelling consistent with the Fair HousingLaws.
aws.

2. Decision.
a. For requests for reasonable accommodation, the T4+e planning director shall issue a written determination to approve, conditionally approve, or deny a request for a reasonable accommodation within a timely manner but no later than thirty (30) days of the date of receipt of a complete application, and may (i) approve the accommodation request, (ii) approve the accommodation request subject to nondiscriminatory conditions of approval or other modifications, or (iii) deny the request. The planning director may, in his or her discretion, elect to refer applications that may have a material effect on surrounding properties (including but not limited to, a use not allowed under the subject zoning district or en�plan, location of improvements in the front yard or setback, location of accommodation in close proximity to a use that restricts residential occupancy, accommodation that would violate a specific condition of approval, improvements are permanent) directly to the planning commission for a decision.

A complete
application shall consist of the application form with all applicable information and documentation included in or attached to the form. The city. applicant mqy mutually agree to extend the time for the planning director's decision on the application. The decision on the application shall be sent to the applicant by first class mail to the applicant, and the applicant may also request notification by an accessible format
b. For requests for reasonable accommodations involving any applications for discretionM gpproval, the application for reasonable accommodation shall be processed and considered separately from any discretionary elements of the same proposal. The planning director shall act on the request for reasonable accommodation within a timely manner but no later than thirty (30) dqys of the date of a complete application form; however, if the request for a reasonable accommodation cannot be effectuated until a final decision is rendered on the related discretionary aqpprovals, a "provisional approval" can be granted within the 30-day time frame allowing the reasonable accommodation request to be implemented, or modified as needed to obtain the same goal, at the time of the final discretionary approval, and shall become final at the same time. The applications for discretionary approval shall be separately considered and shall be subject to the procedures for consideration specified in the applicable development code section or chapter, depending on the type of application. The appropriate decision -making body shall act on all discretionary_ permits, but not the reasonable accommodation request. -23. Appeals of the director's action shall be made in accordance with Section

17.03.090, as supplemented by the following_
a. The decision by planning director on a request for reasonable accommodation not involving one or more applications for a discretionary_ permit shall become final fifteen (151 IM

calendar days after the date of the planning director's decision, unless a timely ppeal is filed in accordance with Section 17.03.090(E).
b. The planning commission or the city council, as applicable, shall hear the matter and render a determination on the appeal as soon as reasonably practicable, but in no event later than either (i) ninety 90) calendar days after an appeal has been filed or (ii) fifteen (15) calendar days after the close of the appeal hearing, whichever occurs first. The city and qpplicant maw mutually agree to extend the time for the planning commission's or city council's decision on the appeal to a later date. All decisions on an appeal shall address and be based upon the same findings required to be made in the original decision from which the appeal is taken.

C. An appeal from the planning director's decision on a request for reasonable accommodation shall be made on a form provided by the planning department. The appeal form shall include a checklist of materials, reports, developments, plans, and written information to be provided by the appellant. No fee shall be required from an applicant for the appeal of a request for reasonable accommodation, but if the appeal is for any other discretionary permits , then the prescribed fee shall be paid by the appellant for such other discretionarypermit(s). If an individual needs assistance in the appeal of a decision on the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible. d. The decision on the appeal shall be sent by first class mail to the applicant and gppellant (if different), and the applicant may also request notification an accessible format. The city council's action on any ppeal shall be final.
e. Nothing in this procedure shall preclude an aggrieved individual from seekingother ther
state or federal remedy available.

CAI. Expiration, Time Extension, Violation, Discontinuance, and Revocation.

1. Expiration. Any reasonable accommodation approved in accordance with the terms of this Section shall expire within twenty-four months from the effective date of the approval, or at an alternative time specified as a condition of the approval, unless:
a. A building permit has been issued and construction has commenced; b. A certificate of occupancy has been issued;
C. The use is established; or
d. A time extension has been granted.

2. Time Extension.
a. The planning director may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time.

Each extension of time shall be granted in one-year increments only. Upon granting of an extension, the planning director shall ensure that conditions of the administrative approval comply with all current development code provisions.
20 b. Notice. Notice of the planning director's decision on a time extension shall be provided in writing. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.

C. Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the city council within fourteen calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section 17.03.090 of this code.

3. Discontinuance. If the person with a disability for whom the reasonable accommodation was originally granted vacates the residence to which the reasonable accommodation applies, the reasonable accommodation shall remain in effect only if the planning director determines that: (a) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Municipal Code; or (b) the accommodation is necessary to give another person with a disability an equal opportunity to enjoy the dwelling. The planning director may request that the applicant, or his or her successor -in -interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within thirty days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.

4. Revocation. Procedures for revocation shall be as prescribed by Section 17.03.080.

Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

ICJ. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The planning director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval." Section 31. Section 17.03.090(B) (Appeals) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows:
"B. Decisions Which May Be Appealed to Planning Commission. The following actions may be appealed to the planning commission:

1. Actions by the director of planning on approval of development permits, conditional use permits and extensions of time;

2. Actions by the director of planning on the approval of sign permits;

3. Except as otherwise provided in section 17.03.065(H)(2), any An -other action by the director of planning for which an appeal is authorized by the Code." 21 Section 32. "Residential Uses" of Table 17.24.040 of Section 17.24.040 (Parking requirements) of Chapter 17.24 (Off-street parking and loading) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a new row to read as follows (with additions shown in underlined text and deletions shown in strikethrough text), with all other provisions of Table 17.24.040 remaining unchanged:

Table 17.24.040
Parking Spa es Require.

Description of Use
Required Number of Spaces
Residential Uses
Single-family residence
2 enclosed spaces
Duplex, triplexes
2 covered spaces/unit, plus 1 guest space/4
units
Multiple -family residential - 3 or fewer
2-5 units; 2- 1 %2 covered spaces/unit, plus 2
bedrooms (12 or less units)
guest spaces
6-12 units; 2- 1 %2 covered spaces/unit, plus 3
guest spaces
Multiple -family residential - 13 or more units
1 covered parking space plus 1.5 uncovered
parking space for 1 bedroom units. In
addition, 1 guest space for every 6 units.
1 covered parking space plus 1 uncovered
parking space for 2 bedroom units. In
addition, 1 guest space for every 6 units.
2 covered parking space 0.5 uncovered
parking space for three bedroom (or more)
units. In addition, 1 guest space for every 6
units.

A minimum of 4 guest spaces is required for
all multifamily residential with 13 or more
units.

Accessory dwelling unit
1 parking space per newly constructed
detached ADU except as otherwise provided
in Chapter 17.23. The parking space may be
provided as tandem parking on the driveway.

Mobilehome park
1 covered space/trailer site, plus 1 guest
space/2 trailer sites
Senior citizens housing complex

0.5 covered space/unit plus 1 uncovered space
per 5 units for guest parking
Congregate care housing

0.5 uncovered space/unit plus 1 uncovered
space per 5 units for guest parking
22 Section 33. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project:

A. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City Council has reviewed and considered the Final Environmental Impact Report ("FEIR") for the General Plan certified by the City Council on April 12, 2005 (State Clearinghouse No. 2003061041), including the impacts and mitigation measures identified therein.

Staff has also reviewed Addendum 2021-01 to the FEIR which was prepared and adopted in connection with the City Council's adoption of the 2021-2029 Housing Element on February 8, 2022. This Ordinance implements the programs set forth in the certified Housing Element which the City Council committed to when it adopted the Housing Element. As such, this is an implementing action of an already approved project (adoption of the Housing Element), and no further environmental review is required.

B. To the extent that any further environmental review is required, the City Council finds that none of the conditions in CEQA Guidelines Section 15162 are present to require the preparation of a subsequent EIR or an additional Addendum, and no additional environmental review is required. The adoption of this Ordinance does not result in any new or greater environmental impacts than were previously analyzed, disclosed, and mitigated since the adoption of this Ordinance was contemplated in the programs of the Housing Element. In addition, no new information of substantial importance has surfaced since the certification of the General Plan EIR or the adoption of Addendum 2021-01.

Section 34. 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 35. 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. after passage.

Section 36. Effective Date. This Ordinance shall take effect thirty (30) days 23 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of November, 2023.

ATTEST:

Randi Johl, City Clerk
[SEAL]
Zak Schwank, Mayor
24 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. 2023-11 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 141h 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 281h day of November, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk
25 Item No. 5

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: November 28, 2023
SUBJECT: Adopt Ordinance No. 2023-12 Amending Title 17 of the Temecula Municipal Code Pertaining to Accessory Dwelling Unit Regulations (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled:

ORDINANCE NO. 2023-12

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17.23 OF TITLE 17 OF

THE TEMECULA MUNICIPAL CODE PERTAINING TO

ACCESSORY DWELLING UNIT (ADU) REGULATIONS AND
PROVIDING THAT ADUS ARE PERMITTED IN THE PDO-5,
PDO-7, PDO-9, PDO-10, PDO-11, PDO-12, AND PDO-15

ZONES, AND REVISING ADU REGULATIONS, AND

MAKING A FINDING THAT THE ORDINANCE IS EXEMPT

FROM ENVIRONMENTAL REVIEW PURSUANT TO PUBLIC
RESOURCES CODE SECTION 21080.17
BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present.

Ordinance No. 2023-12 was first introduced at the regularly scheduled meeting of November 14, 2023.

FISCAL IMPACT: None
ATTACHMENTS: Ordinance

ORDINANCE NO.2023-12

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING CHAPTER 17.23 OF TITLE 17

OF THE TEMECULA MUNICIPAL CODE PERTAINING

TO ACCESSORY DWELLING UNIT (ADU) REGULATIONS

AND PROVIDING THAT ADU'S ARE PERMITTED IN THE
PDO-5, PDO-7, PDO-9, PDO-10, PDO-11, PDO-12, AND PDO-
15 ZONES, AND REVISING ADU REGULATIONS, AND

MAKING A FINDING THAT THE ORDINANCE IS

EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT
TO PUBLIC RESOURCES CODE SECTION 21080.17

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

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

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

Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that:

D. 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.

A. The 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; The proposed amendments do not propose any land use that is inconsistent with the General Plan. The proposed amendments implement changes to the City's ADU policies to comply with changes to state law. The proposed amendments include changes to height limits, amended definitions of attached and detached ADU's, limits the sale or transfer of an ADU in accordance with Government Code Section 65852.26(a), and prohibit front yard setbacks that would preclude the construction of an eight hundred (800) square foot ADU.

C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The proposed changes to Title 17 conform with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed changes allow for the limited sale or transfer of an ADU, amend the definition of detached and attached ADU's, include ADU's as a permitted use in Planned Development Overlay (PDO) Zone No.'s 5, 7, 9, 10, 11 and 12 and revise ADU regulations is consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan, which is to ensure "Orderly, and efficient patterns of growth that enhance quality of life for Temecula residents." As a relatively new home product type, ADU's further Policy 2.5 of the Growth Management/Public Facilities element of the General Plan that states, "Encourage new development that helps create and maintain a balance between jobs and housing opportunities."
Section 4. Section 17.22.146 (Use Regulations) of Article VI (Rendezvous Planned Development Overlay District (PDO-5)) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text):
"E. Accessory dwelling units shall be permitted and shall meet the requirements set forth in Chapter 17.23."

Section 5. Table 17.22.186B (Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District - 7 Description of Use Area) of Section 17.22.186 (Use Regulations) of Article VIII (Linfield Christian School Planned Development Overlay District -7) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows, with all other provisions of Table 17.22.186B remaining unchanged:

Description of Use
Area 1A, 1B=
1C & 1D (EI)
Area 2 (ER)
Area 3A &
3B (PI)
A
Accessory dwelling unite
P
P
P
Footnote 2. Accessory dwelling units shall be permitted and shall meet the requirements set forth in Chapter 17.23.

Section 6. Table 17.22.216(B) Schedule of Permitted Uses Temecula Education Center Planned Development Overlay District-10 of Section 17.22.216 (Use Regulations) of Article XI (Temecula Education Center Planned Development Overlay District - 10) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following row to read as follows, with all other provisions of Table 17.22.216(B) remaining unchanged:

Description of Use
PDO-10
A
Accessory dwelling units
P
Footnote 5. Accessory dwelling units shall comply with the requirements set forth in Chapter

17.23. Section 7. Section 17.22.226 (Use Regulations) of Article XII (Mira Loma Planned Development Overlay District -11) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text):
"The Mira Loma planned development overlay district (PDO-11), located along Mira Loma Drive and Rancho Vista Road, is intended to provide for the development of sixty-two single-family detached homes on condominium lots on 7.4 acres with a proposed density of 8.4 du/ac and a maximum permitted density of 10.0 du/ac. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city's general plan policies in response to local market demands and will provide for a visually pleasing environment through adoption of supplemental performance standards that have been provided to ensure compatibility with the adjacent neighborhoods. Accessory dwelling units shall be permitted and shall comply with Chapter 17.23."
3 Section 8. Section 17.22.246 (Use Regulations) of Article XIII (Walcott Estates Planned Development Overlay District -12) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows:
"The Walcott Estates planned development overlay district (PDO-12), located between Walcott Lane and Butterfield Stage Road, is intended to provide for the development of forty-five single- family detached homes on fee owned lots, on 25.13 gross acres, with a proposed density of 1.8 dwelling units per gross acre. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city's general plan policies in response to local market demands and will provide for a visually pleasing environment through adaptation of supplemental performance standards that have been provided to ensure transitional compatibility with adjacent neighborhoods. Accessory dwelling units shall be permitted and shall comply with Chapter 17.23."
Section 9. Section 17.22.294 (Use Regulations) of Article XVI (Cypress Ridge Planned Development Overlay District -15) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows:
"The Cypress Ridge planned development overlay district (PDO-15), located within Pechanga Parkway, Loma Linda Avenue and Temecula Lane, is intended to provide for the development of two hundred forty-five single-family detached and attached homes within fee simple condominium unit boundaries, on 22.7 gross acres/20.18 net acres, with a proposed average density of 12.14 dwelling units per net acre. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city's general plan policies in response to local market demands and will provide for a visually pleasing environment through adaptation of supplemental performance standards that have been provided to ensure transitional compatibility with adjacent neighborhoods. Accessory dwelling units shall be permitted and shall comply with Chapter 17.23."
Section 10. Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning of the Temecula Municipal Code is hereby amended in its entirety to read as follows (with additions shown in underlined text and deletions shown in strikethrough text):
"17.23.010 Purpose and applicability.

The purpose of this chapter is to implement the requirements of Government Code Sections 65852.2 and 65852.22 to allow accessory dwelling units and junior accessory dwelling units in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the city is still permitted to exercise local control.

17.23.020 Definitions.
"Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code Section 65852.2, as the same may be amended from time to time. An accessory dwelling unit contains a kitchen, which may include plumbing, electrical, mechanical, and/or physical space set aside for cooking or meal preparation facilities, which may include space for a refrigerator, sink, wet bar, and/or dishwasher.
"Attached ADU" means an ADU that is constructed as a physical expansion (i.e. addition) of the primary dwelling or existing structure and shares a common wall with the primary dwelling or existiniz structure.
"Detached ADU" means an ADU that is constructed as a separate structure from the primary dwelling or existing structure, which does not share any walls with the primary dwelling or existing structure.
"Existing structure" means an existing single-family dwelling or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the city, and other applicable law.
"Junior accessory dwelling unit" or "JADU" has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. A junior accessory dwelling unit contains at least an efficiency kitchen, which may include plumbing, electrical, mechanical, and/or physical space set aside for cooking or meal preparation facilities, which may include space for a refrigerator, sink, wet bar, and/or dishwasher.
"Primary dwelling," for purposes of this chapter, means the existing or proposed single-family dwelling on the lot where an ADU would be located.
"Public transit," for purposes of this chapter, has the meaning ascribed in Government Code Section 65852.20), as the same may be amended from time to time.

17.23.030 Projects exempt —Building permit approval only A. An applicant shall not be required to submit an application for an ADU or JADU permit under this chapter, and may instead seek building permit approval for an ADU or JADU that satisfies the requirements of Government Code Section 65852.2(e)(1), as the same may be amended from time to time, and the California Building Standards Code, as amended by the city.

B. An ADU or JADU approved by a building permit only process shall be rented only for terms of thirty-one days or longer.

C. The property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (i) the ADU or JADU is to be rented only for terms of thirty-one days or longer, unless State law and the city's municipal code are both amended to allow short-term rentals; (ii) the ADU or JADU is not to be sold or conveyed separately from the primary dwelling, and (iii) if there is a JADU on the property, either the JADU or primary dwelling shall be occupied

by the owner of record. Proof of recordation of the covenant shall be provided to the city before the city finals the building permit.

D. Pursuant to Government Code Section 65852.2(e), the city shall ministerially approve an application for a building permit within a residential or mixed -use zone to create any of the following:

1. One ADU or JADU per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The JADU complies with the requirements of Section 65852.22 and with the requirements set forth in subsection E below.

2. One detached, new construction ADU that does not exceed 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.

3. One ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, up to the number of ADUs that equals twenty-five percent of the existing multifamily dwelling units in the structure.

4. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of sixteen feet and four -foot rear yard and side setbacks.

E. In accordance with the standards set forth in Government Code Section 65852.22, JADUs shall comply with the following requirements, unless state law is amended to set forth different standards in which case state law standards will govern:

1. A JADU shall be a minimum of two hundred twenty square feet and a maximum of five hundred square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a JADU.

2. A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling.

3. A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.

4. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing single-family dwelling.

5. A JADU shall include an efficiency kitchen which shall include all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

6. No additional parking is required for a JADU.

7. The JADU or primary residence shall be occupied by the owner of record.

8. The city shall not issue a building permit until the applicant provides a will serve letter from the local water and sewer provider. Notwithstanding the foregoing, if a private sewage disposal system is being used, the applicant must provide documentation showing approval by the local health officer in lieu of the will serve letter by the local sewer provider.

17.23.040 General requirements and application procedure.

A. Before constructing an ADU or converting an existing structure to an ADU that does not fall under the "building permit approval only" requirements in Section 17.23.030, the applicant shall obtain permits in accordance with the requirements of this section.

B. All ADUs shall satisfy the requirements of the California Building Standards Code, as amended by the city.

C. In accordance with state law, ADUs are an accessory use or an accessory structure to the primary dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot.

D. Applications for ADUs shall be completed in accordance with Section 17.03.030 of this Development Code. The application for the ADU must be signed by the owner(s) of the parcel of land.

E. The director of community development or designee shall ministerially review and approve an ADU permit application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law.

F. ADU permit applications subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2. The city shall approve the ADU permit within sixty days of receiving the application, or as the deadline required by Government Code Section 65852.2 may be amended from time to time.

G. Where an ADU permit application is submitted with an application for a primary dwelling that is subject to discretionary review under this code, the ADU permit application will be considered separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review.

H. In addition to obtaining an ADU permit, the applicant shall be required to obtain a building permit and any other applicable construction permits prior to the construction of the ADU.

17.23.050 ADU standards.

Except those ADUs approved pursuant to Subsection 17.23.030, ADUs shall comply with the following standards:

A. Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing primary dwelling that is zoned residential.

B. Development Standards.

1. Size Restrictions. If there is an existing primary dwelling, an attached ADU shall not exceed fifty percent of the gross floor area for the primary dwelling. An attached ADU that is proposed with a new primary dwelling shall not exceed one thousand two hundred square feet in floor area. A detached ADU shall not exceed one thousand two hundred square feet in floor area.

In no case shall an ADU be less than an "efficiency unit" as defined in Section 17958.1 of Health and Safety Code with respect to square footage.

2. Height Restrictions. An ADU shall not exeeed sixteen 4� et it heig -t-The maximum height of any new ADU shall not exceed the following_
a. Sixteen (16) feet for a detached ADU. except as provided in subparaarabhs band c below.
b. Eighteen (18) feet for a detached ADU on a lot that is within one-half mile walking distance of a major transit stop or a high -quality transit corridor, as those terms are defined in Public Resources Code Section 21155; or twenty (20) feet if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. Eighteen(18) feet for a detached ADU on a lot with an existing or proposed multistory multifamily dwelling_
d. Twenty-five25) feet or the height limit applicable to the primary dwellings whichever is less, for an attached ADU.

3. Transfer. An ADU shall not be sold, transferred, or assigned separately from the primary dwelling unless the ADU was built by a qualified nonprofit corporation and meets the additional requirements of Government Code Section 65852.26(a). ADUs-btA may be rented but The ADU shall not be used for short-term rentals for less than thirty-one days.

4. Setbacks. No setback shall be required for an ADU that is within an existing structure or new ADU that is constructed in the same location and with the same dimensions as an existing structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet. An ADU shall comply with all required front yard setbacks otherwise required by the municipal code except where the application of the front yard setback requirement would not permit construction of an eight hundred (800)square foot ADU that is sixteen (16) feet in height with four -foot side and rear yard setbacks. An ADU in the front yard setback area is only permissible if construction of the same ADU in the rear or side yard is entirely infeasible.

5. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage regulations would not permit construction of an eight hundred square foot ADU that is sixteen feet in height with four -foot side and rear yard setbacks.

6. Historic Resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the "Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or specific plans that pertain to historic resources.

C. Design and Features.

1. Design. The ADU shall have the same design, architecture, colors and materials of the primary dwelling, and shall comply with any objective design standards adopted by the city that are applicable to the zoning district or specific plan area where the ADU is located.

2. Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required for the primary dwelling.

3. An ADU shall have a separate exterior access.

D. Covenant Required. The property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (1) the ADU is to be rented only for terms of thirty days or longer; and (2) the ADU is not to be sold or conveyed separately from the primary dwelling except as described above in Section 17.23.050(B)(3). Proof of recordation of the covenant shall be provided to the city before the city finals the building permit.

E. Parking Requirements.

1. In addition to the off-street parking space(s) required for the primary dwelling, one off-street parking space shall be provided for each ADU, except when:
a. The ADU is located within one-half mile walking distance of public transit;

b. The ADU is located within an architecturally and historically significant historic district;
c. The ADU is part of a proposed or existing primary dwelling or accessory structure; d. The ADU is located in an area where on -street parking permits are required but not offered to an ADU occupant; or
e. The ADU is located within one block of a city -approved and dedicated parking space for a car share vehicle.

2. When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.

17.23.060 Fees and utility connections.

A. ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling and not be a separate set of services.

B. The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows:

1. ADUs that are less than seven hundred fifty square feet shall not be subject to impact fees.

2. ADUs that are seven hundred fifty square feet or more shall be charged impact fees that are proportional in relation to the square footage of the primary dwelling unit.

C. Prior to receiving a building permit, the owner of an ADU or JADU must submit letters of service availability for water and sewer disposal to the building official." Section 11. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project:

A. Pursuant to Section 21080.17 of the California Public Resources Code, the adoption of the ordinance is statutorily exempt from the California Environmental Quality Act ("CEQA").

Under Public Resources Code Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (the State ADU law).

B. In addition, pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City Council has reviewed and considered the Final Environmental Impact Report ("FEIR") for the General Plan certified by the City Council on April 12, 2005 (State Clearinghouse No. 2003061041), including the impacts and mitigation measures 10 identified therein. Staff has also reviewed Addendum 2021-01 to the FEIR which was prepared and adopted in connection with the City Council's adoption of the 2021-2029 Housing Element on February 8, 2022. This Ordinance implements one of the programs set forth in the certified Housing Element which the City Council committed to when it adopted the Housing Element. As such, this is an implementing action of an already approved project (adoption of the Housing Element), and no further environmental review is required.

Section 12. HCD Review. In compliance with Government Code section 65852.2(h), the City Clerk is hereby directed to submit a copy of the adopted ordinance to HCD within 60 days after adoption.

Section 13. 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 14. 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. after passage.

Section 15. Effective Date. This Ordinance shall take effect thirty (30) days 191

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

ATTEST:

Randi Johl, City Clerk
[SEAL]
Zak Schwank, Mayor
12 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. 2023-12 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 14th 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 28th day of November, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk
13 Item No. 6

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 City Council Meeting Schedule for December 2023 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council approve the cancellation of the December 26, 2023 meeting.

BACKGROUND: The December 26, 2023 meeting falls during the holiday week.

Similar to previous years, it is recommended that the December meeting be cancelled.

FISCAL IMPACT: None
ATTACHMENTS: None

Item No. 7

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: November 28, 2023
SUBJECT: Approve Grant Agreement with the Department of Housing and Urban Development for Community Project Funding for the DePortola Road/Jedediah Smith Road Roundabout Project, PW23-01
PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA TO APPROVE THE GRANT AGREEMENT WITH

THE DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT (HUD) FOR COMMUNITY PROJECT

FUNDING (CPF) AND AUTHORIZE THE CITY MANAGER TO

EXECUTE THE GRANT AGREEMENT AND ALL PERTINENT

SUPPLEMENTAL DOCUMENTS
BACKGROUND: In the Consolidated Appropriations Act, 2023 (the FY 2023 Act), (Public Law 117-328), Congress made funding available of $2,982,285,641 for grants for the Economic Development Initiative (EDI) for the purposes, and in amounts, specified for Community Project Funding/Congressionally Directed Spending. These Community Project Funding (CPF) awards are administered by the Department of Housing and Urban Development (HUD).

The Department of Public Works prepared and submitted a FY 2023 Community Project Funding Request Form requesting $800,000 for the construction of the DePortola Road/Jedediah Smith Road Roundabout Project, PW23-01. The DePortola Road/Jedediah Smith Road Roundabout Project, PW23-01, includes the design and construction of a traffic circle at this intersection to construct a single lane vehicular roundabout to improve traffic congestion and reduce delays, enhance traffic safety, and maintain the natural beauty and rural character of the surrounding community.

On January 23, 2023, the City was notified that our project was selected and awarded EDI Community Project Funding for the FY 2023 Program, in the amount of $800,000. The FY 2023 Grant Award Letter outlines the requirements and information needed to prepare for the use of these funds, including a FY 2023 CPF Grant Guide, Grant Agreement, and Standard Forms and Required Materials to properly initiate the Grant Award Process, and administer the grant as the Grantee.

CPF grants are subject to all applicable Code of Federal Regulations (CFR's) and requirements including Uniform Administrative Requirements, Cost Principles, and Audit Requirements, Period of Performance, and Environmental Review as it pertains to the National Environmental Policy Act (NEPA) compliance. Each Grantee must also comply with the generally appliable HUD and Community Planning and Development (CPD) requirements.

As a Grant Recipient, the City is required to enter into a Grant Agreement, and submit a signed copy, along with the associated Standard Forms as part of the Grant Award Packet to HUD via their web -based grants portal. Staff therefore requests City Council approve the Grant Agreement and Authorize the City Manager to Execute the Grant Agreement including all supplemental documents as necessary to fulfill the administrative requirements of the grant program.

FISCAL IMPACT: There is no fiscal impact to approve the Grant Agreement. The Grant Agreement will however provide for the reimbursement of eligible project expenditures, up to the maximum amount of $800,000 of CPF grant funds for the construction of the project. The DePortola Road/Jedediah Smith Road Roundabout Project, PW23-01, is currently programmed in the FY 2024-28 Capital Improvement Program (CIP).

ATTACHMENTS: 1. Resolution

2. Grant Agreement

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA TO APPROVE THE GRANT AGREEMENT

WITH THE DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT (HUD) FOR COMMUNITY PROJECT

FUNDING (CPF) AND AUTHORIZE THE CITY MANAGER

TO EXECUTE THE GRANT AGREEMENT AND ALL

PERTINENT SUPPLEMENTAL DOCUMENTS

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

WHEREAS, the Consolidated Appropriations Act, 2023 (the FY 2023 Act), (Public Law 117-328), Congress made funding available of $2,982,285,641 for grants for the Economic Development Initiative (EDI) for the purposes, and in amounts, specified for Community Project Funding/Congressionally Directed Spending, and these Community Project Funding (CPF) awards are administered by the Department of Housing and Urban Development (HUD); and WHEREAS, this grant agreement between the Department of Housing and Urban Development (HUD) and City of Temecula (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act 2032 (Public Law 117-328) and the Explanatory Statement for Division L of that Act, which was printed in the Senate section of the Congressional Record on December 20, 2022 (Explanatory Statement); and
WHEREAS, that the definitions at 2 CFR 200.1 apply to this Grant Agreement, the Budget Period, and Period of Performance, and begins and ends on the dates specified, except where this Grant Agreement specifically states otherwise; and
WHEREAS, the Grantee must use the Grant Funds as provided by the Approved Budget, and the Grantee is the Responsibility Entity and agrees to assume all the responsibilities and is subject to all applicable Code of Federal Regulations (CFR's) and requirements, including Uniform Administrative Requirements, Cost Principles, and Audit Requirements, the Period of Performance, and Environmental Review as it pertains to the National Environmental Policy Act (NEPA) compliance.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Temecula approve the Grant Agreement between the Department of Housing and Urban Development (HUD) and City of Temecula (the Grantee), in the amount of $800,000 for the DePortola Road/Jedediah Smith Road Roundabout Project; and
BE IT FURTHER RESOLVED that the City Manager, is hereby authorized and empowered to execute in the name of the City of Temecula the Grant Agreement, including but not limited to, all supplemental documents such as applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant program or project; and

BE IT FURTHER RESOLVED that these authorizations are in effect from the Date of Grant Obligation of December 20, 2022, and by the adoption of this resolution, up to and including the Period of Performance/Budget Period End Date of August 31, 2031, as necessary for the completion of the aforementioned project.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28t' day of November, 2023.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0140
Grantee Name: City of Temecula
Grantee Address: 41000 Main St. Temecula, CA 92590
Grantee's Unique Entity Identifier (UEI): F2GZFYJMPWG6
Grantee's Employer Identification Number (EIN) 330383649 Federal Award Identification Number (FAIN) B-23-CP-CA-0140 Assistance Listing Number and Name 14.251 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants
Period of Performance/Budget Period Start Date Date of grant obligation Period of Performance/Budget Period End Date August 31, 2031 This Grant Agreement between the Department of Housing and Urban Development (HUD) and City of Temecula (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act, 2023 (Public Law 117-328) and the Explanatory Statement for Division L of that Act, which was printed in the Senate section of the Congressional Record on December 20, 2022 (Explanatory Statement).

In reliance upon and in consideration of the mutual representations and obligations under this Grant Agreement, HUD and the Grantee agree as follows:

ARTICLE I. Definitions
The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant Agreement specifically states otherwise.

Budget period is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date.

Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date.

ARTICLE II. Total Grant Amount
Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $800,000 available to the Grantee.

ARTICLE III. Award -Specific Requirements
A. Federal Award Description. The Grantee must use the Federal funds provided under this Grant Agreement (Grant Funds) to carry out the Grantee's "Project." Unless changed in accordance with Article III, section C of this Grant Agreement, the Grantee's Project shall be as described in the Project Narrative that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this Grant Agreement.

FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0140
B. Approved Budget. The Grantee must use the Grant Funds as provided by the Approved Budget. Unless changed in accordance with Article III, section C of this Grant Agreement, the Approved Budget shall be the line -item budget that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved line -item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant Agreement.

C. Project and Budget Changes. All changes to the Grantee's Project or Approved Budget must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD's approval for a change in the Project or Approved Budget, the Grantee must submit a formal letter to the Director of HUD's Office of Economic Development - Congressional Grants Division through the assigned Grant Officer. The letter must be submitted by email to the assigned Grant Officer and must provide justification for the change. The email submitting the letter must also include a revised project narrative or revised line -item budget, as applicable, that includes the requested change. The Grantee is prohibited from making project or budget changes that would conflict with the Applicable Appropriations Act Conditions described in Articl e III, section D of this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter for this grant and found on HUD's website. The HUD Office of Economic Development — Congressional Grants Division will notify the Grantee in writing, by email, whether HUD approves or disapproves the change. Before the Grantee expends Grant Funds in accordance with any change approved by HUD or otherwise allowed by 2 CFR 200.308, the Grantee must update its grant information in Disaster Recovery Grant Reporting (DRGR) to reflect that change.

D. Applicable Appropriations Act Conditions. The conditions that apply to the Grant Funds as provided by the Consolidated Appropriations Act, 2023 and the Explanatory Statement are hereby incorporated and made part of this Grant Agreement. In the event of a conflict between those conditions, the conditions provided by the Act will govern. The Grant Funds are not subject to the Community Development Block Grants regulations at 24 CFR part 570 or Title I of the Housing and Community Development Act of 1974.

E. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. As authorized under 2 CFR 200.307(e)(2), program income may be treated as an addition to the Federal award, provided that the Grantee uses that income for allowable costs under this Grant Agreement. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. Any program income that cannot be expended on allowable costs under this Grant Agreement must be paid to HUD before closeout of the grant, unless otherwise specified by an applicable Federal statute.

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GRANT AGREEMENT NO. B-23-CP-CA-0140
F. The Grantee must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices). The Grantee's indirect cost rate information is as provided in Appendix 3 to this Grant Agreement. Unless the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD upon any change in the Grantee's indirect cost rate during the Period of Performance, so that HUD can amend the Grant Agreement to reflect the change if necessary. Consistent with 2 CFR Part 200, Appendix III (C.7), if the Grantee is an Institution of Higher Education and has a negotiated rate in effect on the date this Grant Agreement is signed by HUD, the Grantee may use only that rate for its indirect costs during the Period of Performance.

G. The Grantee must comply with any specific award conditions that HUD may attach to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions will be listed or added as Appendix 5 to this Grant Agreement.

H. The Grantee is responsible for managing the Project and ensuring the proper use of the Grant Funds. The Grantee is also responsible for ensuring the completion of the Project, the grant closeout, and compliance with all applicable federal requirements. The Grantee may subaward all or a portion of its funds to one or more subrecipients, as identified in the Project Narrative (Appendix 1) or as may be approved by HUD in accordance with 2 CFR 200.308.

All subawards made with funding under this Grant Agreement are subject to the subaward requirements under 2 CFR Part 200, including 2 CFR 200.332, and other requirements provided by this Grant Agreement. The Grantee is responsible for ensuring each subrecipient complies with all requirements under this Grant Agreement, including the general federal requirements in Article IV. A subaward may be made to a for -profit entity only if HUD expressly approves that subaward and the for -profit entity is made subject to the same Federal requirements that apply to all other subrecipients, including the requirements 2 CFR part 200 provides for a "non -Federal entity" that receives a subaward.

ARTICLE IV. General Federal Requirements
A. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58) and agrees to assume all of the responsibilities for environmental review and decision - making and action, as specified and required in regulations issued by the Secretary pursuant to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58.

B. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe or Alaskan Native Village, within which the Project is located and which exercises land use responsibility, to act as Responsible Entity and assume all of the responsibilities for environmental review and decision -making and action as specified in paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee under 24 CFR Part 58.

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FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0140
C. After December 29, 2022, neither the Grantee nor any of its contractors, subrecipients and other funding and development partners may undertake, or commit or expend Grant Funds or local funds for, project activities (other than for planning, management, development and administration activities), unless a contract requiring those activities was already executed on or before December 29, 2022, until one of the following occurs: (i) the Responsible Entity has completed the environmental review procedures required by 24 CFR part 58, and HUD has approved the environmental certification and given a release of funds; (ii) the Responsible Entity has determined and documented in its environmental review record that the activities are exempt under 24 CFR 58.34 or are categorically excluded and not subject to compliance with environmental laws under 24 CFR 58.35(b); or (iii) HUD has performed an environmental review under 24 CFR part 50 and has notified Grantee in writing of environmental approval of the activities.

D. Following completion of the environmental review process, the Grantee (recipient) shall exercise oversight, monitoring, and enforcement as necessary to assure that decisions and mitigation measures adopted through the environmental review process are carried out during project development and implementation.

E. The Grantee must comply with the generally applicable HUD and CPD requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil rights requirements. If the Grantee is a Tribe or a Tribally Designated Housing Entity (TDHE) as established under 24 CFR 1000.206, the Grantee must comply with the nondiscrimination requirements in 24 CFR 1000.12 in lieu of the nondiscrimination requirements in 24 CFR 5.105(a). The Grantee must report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of the Grantee's Project, consistent with the instructions and forms provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987 (e.g. HUD-27061).

F. The Grantee must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR part 200, as may be amended from time to time. If 2 CFR part 200 is amended to replace or renumber sections of part 200 that are cited specifically in this Grant Agreement, the part 200 requirements as renumbered or replaced by the amendments will govern the obligations of HUD and the Grantee after those amendments become effective.

G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part 25 ("System for Award Management and Universal Identifier Requirements") and the Award Term in Appendix A to 2 CFR Part 170 ("Reporting Subawards and Executive Compensation"), which are hereby incorporated into and made part of this Grant Agreement.

H. If the Total Grant Amount, as provided in Article II of this Grant Agreement, is greater than $500,000, the Grantee must comply with the Award Term and Condition for Grantee Integrity and Performance Matters in Appendix 4 to this Grant Agreement.

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FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0140
I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the Grantee must comply with the provisions of Section 319 of Public Law 101-121, 31 U.S.C. 1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal contracts, grants, or loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. The Grantee must include in its award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), the requirements for the certification required by Appendix A to 24 CFR Part 87 and for disclosure using Standard Form- LLL (SF-LLL), "Disclosure of Lobbying Activities." In addition, the Grantee must obtain the executed certification required by Appendix A and an SF-LLL from all covered persons. "Person" is as defined by 24 CFR Part 87. Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe's sovereign power are excluded from coverage of the Byrd Amendment. State -recognized Indian tribes and TDHEs established only under state law must comply with this requirement.

J. The Grantee must comply with drug -free workplace requirements in Subpart B of 2 CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug -Free Workplace Act of 1988, Pub. L. 100-690, Title V, Subtitle D (41 U.S.C. 701-707).

K. The Grantee must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that receives Federal financial assistance for a program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation requirements of the URA and its implementing regulations at 49 CFR part 24, cover any displaced person who moves from real property or moves personal property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD financial assistance
L. If Grant Funds are used for purchase, lease, support services, operation, or work that may disturb painted surfaces, of pre-1978 housing, you must comply with the lead -based paint evaluation and hazard reduction requirements of HUD's lead- based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead- based paint rules (e.g., Repair, Renovation and Painting; Pre -Renovation Education; and Lead Training and Certification (40 CFR part 745)).

M. The Grantee must comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u, and HUD's regulations at 24 CFR part 75, as applicable, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self - Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c), grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3.

Grantees that are not exempt from Section 3 must submit annual reports of Section 3

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FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0140
accomplishment Performance Measures in DRGR in January of the calendar year.

This report reflects Section 3 accomplishments for the previous calendar year.

N. The Grantee must not use any Grant Funds to support any Federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (including energy -related, communication -related, water -related, and waste water -related infrastructure), other structures designated for use by the general public or with other common -carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107- 118). Public use does not include economic development that primarily benefits private entities.

O. The Grantee must not use any Grant Funds to maintain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography.

This requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.

P. The Grantee must administer its Grant Funds in accordance with the Conflict of Interest requirements set forth in Appendix 6 of this Grant Agreement.

Q. The Grantee must comply with the governmentwide debarment and suspension requirements in 2 CFR part 180 as incorporated and supplemented by HUD's regulations at 2 CFR part 2424.

R. The Grantee must comply with the award term and condition regarding trafficking in persons in Appendix 7 of this Grant Agreement.

S. The assurances and certifications the Grantee has made and submitted to HUD are incorporated by this reference and made part of this Grant Agreement.

ARTICLE V. Drawdown Requirements
A. The Grantee may not draw down Grant Funds until HUD has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying, if applicable.

B. The Grantee must use HUD's Disaster Recovery Grant Reporting (DRGR) system to draw down Grant Funds and report to HUD on activities.

C. The Grantee must enter activity and budget information in DRGR that is consistent with the Grantee's Project and Approved Budget as described in Article III, sections A and B of this Grant Agreement and complies with HUD's instructions for entering information in DRGR found in the document titled "Grant Award Instructions" that accompanies the Grant Agreement.

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FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0140
D. The Grantee must only enter activities in DRGR that are described in the Approved Budget.

E. The Grantee must expend all Grant Funds in accordance with the activity and budget information in DRGR.

F. Each drawdown of Grant Funds constitutes a representation by the Grantee that the funds will be used in accordance with this Grant Agreement.

G. The Grantee must use DRGR to track the use of program income and must report the receipt and use of program income in the reports the Grantee submits to HUD under Article VI of this Grant Agreement. The Grantee must expend program income before drawing down Grant Funds through DRGR.

H. Notwithstanding any other provision of this grant agreement, HUD will not be responsible for payment of any Grant Funds after the date Treasury closes the account in accordance with 31 U.S.C. § 1552. Because Treasury may close the account up to one week before the September 30 date specified by 31 U.S.C. § 1552, the Grantee is advised to make its final request for payment under the grant no later than September 15, 2031.

ARTICLE VI. Program -Specific Reporting Requirements
In addition to the general reporting requirements that apply under other provisions of this Agreement, the following program -specific reporting requirements apply to the Grantee:

A. The Grantee must submit a performance report in DRGR on a semi-annual basis and must include a completed Federal financial report as an attachment to each performance report in DRGR. Performance reports shall consist of a narrative of work accomplished during the reporting period. During the Period of Performance, the Grantee must submit these reports in DRGR no later than 30 calendar days after the end of the 6- month reporting period. The first of these reporting periods begins on the first of January or June (whichever occurs first) after the date this Grant Agreement is signed by HUD.

B. The performance report must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accomplishments to the objectives of the Project as described in Article III, section A of this Grant Agreement, the reasons why established goals were not met, if appropriate, and additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.

C. Financial reports must be submitted using DRGR or such future collections HUD may require and as approved by OMB and listed on the Grants. gov website ( https://www . rg ants.gov/web/grants/forms/post-award-reporting-fortns.html).

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FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0140
D. The performance and financial reports will undergo review and approval by HUD. If a report submission is insufficient, HUD will reject the report in DRGR and identify the corrections the Grantee must make.

E. No drawdown of funds will be allowed through DRGR while the Grantee has an overdue performance or financial report.

F. The Grantee must report and account for all property acquired or improved with Grant Funds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website
( https://www . ra�nts.gov/web/grants/forms/post-award-reporting-fortns.html). This reporting obligation includes submitting status reports on real property at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting requests for disposition instructions as provided by 2 CFR 200.311(c), 200.313(e), and 200.314(a).

ARTICLE VII. Project Closeout
A. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement.

B. The Grantee must submit to HUD a written request to closeout the grant no later than 30 calendar days after the Grantee has drawn down all Grant Funds and completed the Project as described in Article III, section A of this Grant Agreement.

HUD will then send the Closeout Agreement and Closeout Certification to the Grantee.

C. At HUD's option, the Grantee may delay initiation of project closeout until the resolution of any findings as a result of the review of semi-annual activity reports in DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings.

D. The Grantee recognizes that the closeout process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any HUD review, including reasonable requests for on -site inspection of property acquired or improved with Grant Funds.

E. No later than 120 calendar days after the Period of Performance, Grantees shall provide to HUD the following documentation:

A Certification of Project Completion.

2. A Grant Closeout Agreement.

A final financial report giving the amount and types of project costs charged to the grant (that meet the allowability and allocability

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FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0140
requirements of 2 CFR part 200, subpart E); a certification of the costs; and the amounts and sources of other project funds.

4. A final performance report providing a comparison of actual accomplishments with the objectives of the Project, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns.

A final property report, if specifically requested by HUD at the time of closeout.

ARTICLE VIII. Default
A default under this Grant Agreement shall consist of any use of Grant Funds for a purpose other than as authorized by this Grant Agreement, any noncompliance with statutory, regulatory, or other requirements applicable to the Grant Funds, any other material breach of this Grant Agreement, or any material misrepresentation in the Grantee's submissions to HUD in anticipation of this award. If the Grantee fails to comply with the terms and conditions of the Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2 CFR part 200, as may be amended from time to time. If HUD determines that noncompliance cannot be remedied by imposing additional conditions, HUD may take one or more of the remedies for noncompliance described in 2 CFR part 200, as may be amended from time to time.

HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other applicable provisions of 2 CFR part 200, as may be amended from time to time. Nothing in this Grant Agreement shall be construed as creating or justifying any claim against the Federal government or the Grantee by any third parry.

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FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0140
ARTICLE IX. HUD Contact Information
Except where this Grant Agreement specifically states otherwise, all requests, submissions, and reports the Grantee is required to make to HUD under this Grant Agreement must be made in writing via email to [email protected].

This agreement is hereby executed on behalf of the Grantee and HUD as follows:

GRANTEE

CITY OF TEMECULA
BY:

Aaron Adams, City Manager
(Date)

CITY OF TEMECULA
ATTEST:

BY:

Randi Johl, City Clerk
(Date)

CITY OF TEMECULA
APPROVED AS TO FORM:

BY:

Peter M. Thorson, City Attorney
(Date)
HUD
Robin J. Keegan,
Deputy Assistant Secretary for Economic Development
(Date)

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Item No. 8

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: November 28, 2023
SUBJECT: Approve Grant of Public Utility Easement and Temporary Construction Easement on Property Owned by Longs Drug Stores, California, L.L.C. in Connection with the Santa Gertrudis Creek Phase II — Margarita Under -Crossing (APN 920-080- 020)
PREPARED BY: Avlin Odviar, Principal Civil Engineer
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING THAT CERTAIN GRANT OF

PUBLIC UTILITY EASEMENT AND THE TEMPORARY

CONSTRUCTION EASEMENT GRANTED BY LONGS DRUG
STORES CALIFORNIA, L.L.C. IN CONNECTION WITH THE
SANTA GERTRUDIS CREEK PHASE II — MARGARITA
UNDER -CROSSING, PW19-04 AND MAKING FINDINGS

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

CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINES AND SECTION 21166 OF THE PUBLIC
RESOURCES CODE (APN 920-080-020)
BACKGROUND:

Brief Description of Project
The City of Temecula ("City") seeks to construct the Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW19-04 ("Project"). The Project will construct a total approximate 610 feet of a shared bicycle and pedestrian trail undercrossing beneath the overpass of Margarita Road. The Project would include the reconstruction and/or replacement of the existing trail and infrastructure, such as the existing retaining wall and channel slope paving and cut-off wall. The Project requires the relocation of reclaimed waterline owned by Rancho California Water District ("RCWD").

Accordingly, the City was required to acquire, for the benefit of RCWD the necessary property

interests for the reclaimed waterline and related improvements. Specifically, the City needed to acquire an approximate 594 square foot permanent public utility easement and an approximate 722 square foot temporary construction easement with a term of six (6) months to construct the Project.

Acquisition of Certain Subject Property Interests on APN 920-080-020 The City Council has before it a proposed Resolution approving the acquisition of certain property interest on the real property located at 40365 Winchester Road, in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Number 920-080-020 ("Property"). The Property is owned by Longs Drug Stores California, L.L.C., a California limited liability company ("Owner") and is improved with a CVS Pharmacy. Specifically, the Resolution approves the following two documents:
(i) Grant of Public Utility Easement — Pursuant to the Grant of Public Utility Easement, the Owner grants to the City an approximate 594 square foot permanent non- exclusive public utility easement described more particularly in EXHIBIT "A" and EXHIBIT `B" to the Grant of Public Utility Easement for a public use, namely for public utility and reclaimed waterline purposes, access and maintenance purposes, and all uses necessary and convenient thereto in connection with the Project. (ii) Temporary Construction Easement Agreement — Pursuant to the Temporary Construction Easement Agreement, the Owner authorizes the City to use an approximate 722 square foot portion of the Property for a non-exclusive temporary construction easement with a term of six (6) months described more particularly in EXHIBIT "A" and EXHIBIT "B" to the Temporary Construction Easement to help facilitate the construction of the reclaimed waterline improvements in connection with the Project.

The approximate 594 permanent public utility easement and approximate 722 square foot temporary construction easement that the City seeks to acquire on the Property are referred to below collectively as the "Subject Property Interests". The public utility easement is located directly adjacent to an existing public utility easement that benefits RCWD. The approximate 722 square foot temporary construction easement area is located adjacent to the existing RCWD easement. After the City completes the construction of the Project, the City plans to quitclaim to RCWD its title and interest in and to said public utility easement.

The City seeks to acquire the Subject Property Interests for public use, namely for public utility and reclaimed waterline purposes, access and maintenance purposes, and all uses necessary and convenient thereto in connection with the Project. The City is authorized to acquire the Subject Property Interests in connection with the Project pursuant to the authority conferred upon the City by California Government Code Sections 37350, 37350.5, 37351, 38730, 38742 (b) and 40404, and by other provisions of law.

The total monetary consideration that the City will pay to Owner for the Subject Property Interests is $14,300.00 (Fourteen Thousand Three Hundred Dollars), which is the amount set as just compensation based on the fair market value estimate for the Subject Property Interests arrived at in the independent appraisal prepared on behalf of the City. The City wishes to proceed with the proposed acquisition of the Subject Property Interests and Owner wishes to grant to the City the Subject Property Interests pursuant to the terms of the Grant of Public Utility Easement and

Temporary Construction Easement attached to this Resolution and incorporated herein by this reference. The terms of the Grant of Public Utility Easement and the Temporary Construction Easement are detailed in the respective documents and summarized in the Resolution.

Environmental Review
The environmental effects of the Project, including the relocation of the RCWD waterline which triggered the acquisition of the Subject Property Interests needed for the Project were studied and analyzed as an integral part of the Draft Initial Study/Mitigated Negative Declaration for the Santa Gertrudis Phase II Undercrossing at Margarita Dated February 2022 ("MND"). On April 12, 2022, the City Council approved the Initial Study and adopted the MND for the Project and directed the Public Works Director to file a Notice of Determination in accordance with the California Environmental Quality Act (CEQA). The City duly filed the Notice of Determination with the County Clerk and Recorder's Office in accordance with CEQA. The MND noted that the Project does not require the acquisition of residences or habitable structures. It also explained that the relocation of the RCWD waterline would be relocated within the confines of the Project boundary a maximum of 23-feet to the east of the proposed anchor wall. This relocation was considered minor and routine in scope. The California Transportation Commission filed a Notice of Determination in compliance with Section 21108 of the Public Resources Code on July 5, 2023.

Said Notice of Determination advised that the California Transportation Commission approved the Project on June 28-29, 2023 and determined that the Project will not have a significant effect on the environment; a Mitigated Negative Declaration was prepared pursuant to the provisions of CEQA; mitigation measures were made a condition of the approval of the Project; a mitigation reporting or monitoring plan was adopted for the Project; a Statement of Overriding Considerations was not adopted for the Project; and findings were made pursuant to the provisions of CEQA. Said environmental documents are incorporated herein by this reference.

Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests for the Project. Accordingly, the City hereby finds that no further environmental review is required pursuant to Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code.

City Staff recommends that the City Council approve the Resolution approving the City's purchase of the approximate 594 square foot public utility easement and the approximate 722 square foot temporary construction easement pursuant to the terms set forth in the Grant of Public Utility Easement and the Temporary Construction Easement Agreement, respectively.

FISCAL IMPACT: The Santa Gertrudis Creek Phase II — Margarita Under -Crossing project is included in the City's Capital Improvement Program Fiscal Years 2024-28. The sources of funds include Measure S and Senate Bill 1, Active Transportation Program Augmentation.

There are sufficient funds in the project account to cover the total cost of $14,300.00 for the public utility easement and temporary construction easement.

ATTACHMENTS: Resolution with attachments
3 RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING THAT CERTAIN GRANT OF

PUBLIC UTILITY EASEMENT AND THE TEMPORARY

CONSTRUCTION EASEMENT GRANTED BY LONGS DRUG
STORES CALIFORNIA, L.L.C. IN CONNECTION WITH THE
SANTA GERTRUDIS CREEK PHASE II — MARGARITA
UNDER -CROSSING, PW19-04 AND MAKING FINDINGS

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

CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINES AND SECTION 21166 OF THE PUBLIC
RESOURCES CODE (APN 920-080-020)

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

Section 1. Findings.

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

B. Longs Drug Stores California, L.L.C., a California limited liability company ("Owner") is the record owner of that certain property located at 40365 Winchester Road, in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Number 920-080-020 ("Property"). The Property is improved with a CVS Pharmacy.

C. On August 10, 2023, the City made a written offer to Owner pursuant to Government Code Section 7267.2 ("Offer") to purchase an approximate 594 square foot permanent non-exclusive public utility easement and an approximate 722 square foot non- exclusive temporary construction easement with a term of six (6) months on the Property in connection with the Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW 19-04 ("Project"). The Project will construct a total approximate 610 feet of a shared bicycle/trail undercrossing beneath the overpass of Margarita Road. The Project would include the reconstruction and/or replacement of the existing trail and infrastructure, such as the existing retaining wall and channel slope paving and cut-off wall. The Project requires the relocation of a reclaimed waterline owned by Rancho California Water District ("RCWD"). Accordingly, the City was required to acquire, for the benefit of RCWD, the necessary property interests for the reclaimed waterline and related improvements.

D. The City seeks to acquire the approximate 594 square foot permanent non-exclusive public utility easement described more particularly in EXHIBIT "A" and EXHIBIT `B" to the attached Grant of Public Utility Easement for a public use, namely for public utility and reclaimed waterline purposes, access and maintenance purposes, and all uses necessary and convenient thereto in connection with the Project. The City seeks to acquire the approximate 722 square foot non-exclusive temporary construction easement with a term of six (6) months described more

particularly in EXHIBIT "A" and EXHIBIT "B" to the attached Temporary Construction Easement to help facilitate the construction of the reclaimed waterline improvements in connection with the Project. The approximate 594 permanent public utility easement and approximate 722 square foot temporary construction easement that the City seeks to acquire on the Property are described more particularly below referred to collectively as the "Subject Property Interests". The public utility easement is located directly adjacent to an existing public utility easement in favor of RCWD. After the City completes construction of the Project, the City plans to quitclaim to RCWD its title and interest in and to said public utility easement.

E. The City seeks to acquire the Subject Property Interests for public use, namely for public utility and reclaimed waterline purposes, access and maintenance purposes, and all uses necessary and convenient thereto in connection with the Project. The City is authorized to acquire the Subject Property Interests in connection with the Project pursuant to the authority conferred upon the City by California Government Code Sections 37350, 37350.5, 37351, 38730, 38742 (b) and 40404, and by other provisions of law.

F. The total monetary consideration that the City will pay to Owner for the Subject Property Interests is $14,300.00 (Fourteen Thousand Three Hundred Dollars) ("Compensation").

The City's Offer to purchase the Subject Property Interests for the Compensation was based on the fair market value estimate for the Subject Property Interests set forth in the independent appraisal prepared on behalf of the City. The City wishes to proceed with the proposed acquisition of the Subject Property Interests and Owner wishes to grant to the City the Subject Property Interests pursuant to the terms of the Grant of Public Utility Easement and Temporary Construction Easement attached to this Resolution and incorporated herein by this reference.

Section 2. Approval of Grant of Public Utility Easement. The City Council of the City of Temecula finds that the acquisition of the approximate 594 square foot non-exclusive public utility easement located on portions of the Property is in the public interest and is necessary for the construction of the Project. Pursuant to the Grant of Public Utility Easement, the Owner grants to the City, for good and valuable consideration in the amount of $13,400.00 (Thirteen Thousand Four Hundred Dollars), the approximate 594 square foot permanent non-exclusive easement for public utility and reclaimed waterline purposes, and all uses necessary or convenient thereto on the portion of the Property more particularly described on EXHIBIT "A" and depicted on EXHIBIT `B" to the Grant of Public Utility Easement (`Basement Area"), subject to the terms and conditions of said Grant of Public Utility Easement. The public utility easement is for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of water, sewer, and/or recycled water pipeline or pipelines, and all fixtures or appurtenances incidental thereto, and placement of tools, implements, and materials thereon as necessary to exercise the rights conveyed under the Grant of the Public Utility Easement, together with a right- of-way for ingress and egress for vehicles, machinery or equipment as may be necessary or convenient from adjacent roadways over a reasonable path to the Easement Area. The City also has the perpetual right to remove from the Easement Area buildings, structures, trees, bushes, soil, undergrowth, flowers, and any other obstructions that the City deems are interfering with the use of said Easement and right-of-way by the City, its successors, or assigns. The Owner reserves the right, at the Owner's own risk, to use the surface of the Easement Area in a manner that will not interfere with or be detrimental to the use of said easement and right-of-way by the City, its successors, and assigns, provided. The Grant of Public Utility Easement provides that the ground P

elevations of said Easement Area existing at the time the document is executed cannot be increased or decreased except for grade changes required for construction of the subject utility pipelines, appurtenances, and/or facilities for the reclaimed water pipeline and related facilities, as shown on plans approved by the Owner. The City is required, as part of the Project, restore the Easement Area, limited only to backfill, compaction, and patching the area(s) of non -decorative impervious pavement and curbing (if applicable) excavated by the City as part of the maintenance and/or repair activity to as close to the condition of that said area existing prior to the excavation. The City also agrees that, except for any trees located in the Easement Area, the City will replace, with material of like kind and quality, any improvements located in the Easement Area that were damaged as a result of the City's construction, maintenance or repair of the facilities authorized pursuant to the Grant of Public Utility Easement, including any irrigation improvements or landscaping located in the Easement Area. The Grant of Public Utility Easement contains indemnification provisions.

The Grant of Public Utility Easement expressly acknowledges that the City may transfer to RCWD the City's interest in, and rights and obligations under said easement and that the acceptance of any such transfer by RCWD constitutes the acceptance by RCWD of the rights, terms, and obligations under said easement.

Section 3. Approval of Temporary Construction Easement Agreement. The City Council of the City of Temecula finds that the acquisition of the approximate 722 square foot non- exclusive temporary construction easement on portions of the Property is in the public interest and is necessary to facilitate the construction of the Project. Pursuant to the Temporary Construction Easement Agreement, the Owner authorizes the City, for good and valuable consideration in the amount of $900.00 (Nine Hundred Dollars), to enter upon and use the approximate 722 square foot non-exclusive temporary construction easement for a term of six (6) months to facilitate the construction of the Project. The approximate 722 square foot temporary construction easement is described more particularly in EXHIBIT "A" and depicted on EXHIBIT "B" to the Temporary Construction Easement Agreement. Under the Temporary Construction Easement Agreement, the City and its contractors, agents, representatives, and employees and others deemed necessary by the City ("City Designees") are authorized to use the 722 square foot area ("TCE Area") to facilitate the construction of the Project, including ingress and egress, to facilitate the movement of construction equipment for the construction of the reclaimed waterline and related facilities that will be constructed as part of the Project in the approximate 594 square foot permanent easement, that the City is acquiring directly adjacent to the TCE Area. The term of City's use of the TCE Area will commence thirty (30) calendar days from the date upon which City provides to Owner with written notice of City's intent to commence its use of the TCE Area ("Commencement Date").

The term of the TCE shall terminate on the earliest of (i) the date upon which City notifies the Owner that it no longer needs the TCE, (ii) six (6) months from the commencement date of the TCE ("Termination Date"). The Temporary Construction Easement also provides an option for the City to extend the term for up to six (6) months, on a month -to -month basis, by providing the Owner fifteen (15) calendar days' notice before the Termination Date ("Extension Term"). During the Extension Term, City will pay to Owner the sum of $144.00 per month (or portion of any month) for the use of the TCE Area. Under the Temporary Construction Easement Agreement, the City is required to leave the TCE Area in as close as possible to the condition in which said TCE Area existed at the Commencement Date, including removal of any equipment or material stored on the TCE Area in connection with the Project and replacement of any landscaping and irrigation located in the TCE Area that is damaged in connection with the City's use of the TCE Area for the Project with material of like kind and quality. The City and Owner agree and 3 acknowledge, however, that the City will not replace to two mature trees that are impacted by the City's acquisition of the adjacent 594 square foot public utility easement area because compensation for such trees is included in the compensation for the public utility easement. The City must comply with the terms of use set forth in the Temporary Construction Easement.

Section 4. Environmental Review. The environmental effects of the Project, including the relocation of the RCWD waterline which triggered the acquisition of the Subject Property Interests needed for the Project were studied and analyzed as an integral part of the Draft Initial Study/Mitigated Negative Declaration for the Santa Gertrudis Phase II Undercrossing at Margarita Dated February 2022 ("MND"). On April 12, 2022, the City Council approved the Initial Study and adopted the MND for the Project and directed the Public Works Director to file a Notice of Determination in accordance with the California Environmental Quality Act (CEQA). The City duly filed the Notice of Determination with the County Clerk and Recorder's Office in accordance with CEQA. The MND noted that the Project does not require the acquisition of residences or habitable structures. It also explained that the relocation of the RCWD waterline would be relocated within the confines of the Project boundary a maximum of 23-feet to the east of the proposed anchor wall. This relocation was considered minor and routine in scope. The California Transportation Commission filed a Notice of Determination in compliance with Section 21108 of the Public Resources Code on July 5, 2023. Said Notice of Determination advised that the California Transportation Commission approved the Project on June 28-29, 2023 and determined that the Project will not have a significant effect on the environment; a Mitigated Negative Declaration was prepared pursuant to the provisions of CEQA; mitigation measures were made a condition of the approval of the Project; a mitigation reporting or monitoring plan was adopted for the Project; a Statement of Overriding Considerations was not adopted for the Project; and findings were made pursuant to the provisions of CEQA. Said environmental documents are incorporated herein by this reference.

Accordingly, the City hereby finds that no further environmental review is required pursuant to Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code.

Section 5. City Manager's Authority. The City Manager (or the City Manager's designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and effect the acquisition of the Subject Property Interests for the Project, including any actions required to administer the City's obligations, responsibilities, and duties to be performed under the Grant of Public Utility Easement and Temporary Construction Easement, including but not limited to execution of said documents and direction to the City's Finance Department to issue to the Owner the compensation for the Subject Property Interests. The City Manager is further authorized to execute any applicable documents to complete the transactions contemplated by the Grant of Public Utility Easement and Temporary Construction Easement, including the execution of a Quitclaim Deed quitclaiming to RCWD the City's interest in and to the 594 square foot public utility easement after the City's construction of the Project. 4 Section 5. Certification. The City Clerk shall certify the adoption of this resolution.

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

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

ATTACHMENT 64
1"

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Temecula
Attention: City Clerk's Office
41000 Main Street -
Temecula, California 92590

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No. 920-080-020 _ [X] Portion
Documentary Transfer Tax $0.00
This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 1 ]922).

GRANT OF PtJBI,IC UTILITY EASEMENT
Longs Drug Stores California, L . L . C . , a California limited liability company ("Grantor") is the record fee owner of the real property commonly known as 40365 Winchester Road, Temecula, California, and identified as Riverside County Tax Assessor's Parcel Number 920-080-020 ("Grantor's Property"). Grantor's Property is improved with a CVS drug store. Grantor desires to grant to the CITY OF TEMECULA, a municipal corporation ("City" or "Grantee") and City desires to acquire from Grantor an approximate 594 square foot public utility easement for reclaimed water purposes and all uses necessary or convenient thereto in connection with the Santa Gertrudis Creek Phase Il Bike Trail Margarita Road Undercrossing PW19-04.

NOW THEREFORE, for good and valuable consideration in the amount of $13,400.00 (Thirteen Thousand Four Hundred Dollars), receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee an approximate 594 square foot permanent non-exclusive easement for public utility and reclaimed water line purposes, and all uses necessary or convenient thereto ("Easement") on the portion of Grantor's Property described more particularly on EXHIBIT "A" and depicted on EXHIBIT "B" attached hereto and incorporated herein by this reference. Pursuant to this Easement, Grantee has the right to use the approximate 594 square foot easement area ("Easement Area") for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of water, sewer, and/or recycled water pipeline or pipelines, and all fixtures or appurtenances incidental thereto, and placement of tools, implements, and materials thereon as necessary to exercise the rights conveyed under this Easement, together with a right-of-way for ingress and egress for vehicles, machinery or equipment as may be necessary or convenient from adjacent roadways over a reasonable path to the Easement Area. Grantee also has the perpetual right to remove from the Easement Area buildings, structures, trees, bushes, soil, undergrowth, flowers, and any other obstructions that Grantee deems are interfering with the use of said Easement and right-of-way by Grantee, its successors, or assigns.
2877873vl I

Grantor reserves the right, at Grantor's own risk, to use the surface of the Easement Area in a manner that will not interfere with or be detrimental to the use of said easement and right -of- way by Grantee, its successors, and assigns, provided, however, that the Grantor shall not increase or decrease or permit to be increased or decreased the ground elevations of said Easement existing at the time this document is executed except for grade changes required for construction of the Grantee's utility pipelines, appurtenances, and/or facilities for the reclaimed water pipeline and related facilities, as shown on plans approved by the Grantee.

Grantor shall not plant any trees, construct or permit to be constructed any building, structure, concrete slab, concrete pavement, block wall, fence, improvement, or other encroachment on the Easement Area without the previous written consent of Grantee in the form of an encroachment permit or plans approved by the Grantee. Grantee may withhold its written consent at its sole discretion. Grantee may remove from Easement Area any tree, building, structure, concrete slab, concrete pavement, improvement, or other encroachment not consented to in writing by Grantee, and the cost of such removal shall be the sole responsibility of Grantor. Grantor will reimburse Grantee for any such costs of removal of said improvements from the Easement Area within thirty (30) days of receiving documentation from Grantee evidencing such costs.

Grantor waives any right under California Civil Code Section 845, and any other right, to compel Grantee to repair, grade, surface, or otherwise improve or maintain said Easement as a roadway or private right-of-way. Notwithstanding California Civil Code Section 845, Grantor hereby covenants and agrees for itself, its heirs, successors, and assigns, that the Grantor will be responsible, at Grantor's sole cost and expense, for maintaining the surface of the Easement Area, consistent with City of Temecula landscape standards, including, but not limited to, keeping the Easement Area free of weeds and debris and maintaining any permitted surface improvements or utility markers, if any, in good and clean condition.

Upon completion of maintenance and/or repair of Grantee's pipeline or appurtenant facilities involving excavations of the surface of the Easement Area, Grantee agrees to restore the Easement Area, limited only to backfill, compaction, and patching the area(s) of non - decorative impervious pavement and curbing (if applicable) excavated by the Grantee as part of the maintenance and/or repair activity to as close to the condition of that said area existing prior to the excavation. Grantee also agrees that, except for any trees located in the Easement Area, Grantee will replace, with material of like kind and quality, any improvements located in the Easement Area that were damaged as a result of Grantee's construction, maintenance or repair of the facilities authorized pursuant to this Easement, including any irrigation improvements or landscaping located in the Easement Area.

Except as otherwise provided herein, Grantee has the right to prevent any activity on or use of the Easement Area that (a) is inconsistent with the purposes of this Easement; (b) interferes with or is harmful to Grantee's rights herein; or (c) interferes with or is harmful to Grantee's facilities. Grantor agrees not to use or allow the use of the Easement Area in such a way as to impede, harm, or interfere with (a) the Grantee's rights as defined herein; or (b) Grantee's facilities constructed pursuant to this Easement.

Grantee acknowledges and agrees that Grantee and its employees, agents, contractors, subcontractors, engineers, representatives, consultants or any other party for whom Grantee is 2 2877873v1

responsible will exercise its rights under this easement at Grantee's risk. Grantor assumes no risk, liability, responsibility or duty of care as to Grantee, its employees, agents, contractors, subcontractors, engineers, representatives, consultants or any other party for whom Grantee is responsible hereunder.

The Grantee will indemnify, defend and hold Grantor harmless from any and all liability for loss, damages, costs, expenses, demands, causes of action, claims or judgments, arising from or arising out of or in any way connected with the entry, access and use of the Easement in connection with the exercise of the rights of the Grantee and its designees under this Easement or any breach of the Grantee's obligations under this Easement, and will reimburse Grantor for all reasonable costs, expenses and losses, including reasonable attorneys' fees, incurred by Grantor in consequence of any claims, demands and causes of action that may be made or brought against Grantor arising out of the entry on and use of the area comprising the Easement by said Grantee and/or its designees in connection with the obligations under this Easement.

All terms of this Easement shall bind, encumber, and run with the Easement and shall bind all successors -in -interest of Grantor in and to the Property and of the City in and to the Easement.

Grantor expressly agrees and acknowledges that Grantee may transfer to Rancho California Water District Grantee's interest in, and rights and obligations under this Easement and that the acceptance of any such transfer by Rancho California Water District constitutes the acceptance by Rancho California Water District of the rights, terms, and obligations under this Easement.
[Signature on following page.]
3 2877873v1

IN WITNESS WHEREOF, Grantor has caused this Grant of Public Utility Instrument to be executed on the date set forth below.

GRANTOR
Longs Drug Stores California,
L.L.C., a California limited
liability company
Date: Oc -L W r a h o r-3
By: L" '--�
Name: Cheryl A. en
Title: Assistant Secretary
CVS Approval: L. Chenel

STATE OF RHODE ISLAND

COUNTY OF PROVIDENCE
In Woonsocket, on the �' & day of ��-�� (' , 2023, before me personally appeared Cheryl A. Green, Assistant Secretary of Longs Drug Stores California, L.L.C., to me known and known by me to be the party executing the foregoing instrument, and he/she acknowledged said instrument, by him/her executed, to be his/her free act and deed and the free act and deed of Longs Drug Stores California, L.L.C.
'f
E. riy a Public:
,y ommission Expires: Lynn E Cbenel
* 81. PUNotary Public
y PULIC * State of Rhode Isxand
y°°F►sLA�'° My Commission Expires: 10'�"°�z�
4 2877873vl

SHEET 1 OF 1
EXHIBIT "A"

LEGAL DESCRIPTION
THAT PORTION OF PARCEL 2, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP 30060, ON FILE IN BOOK 200, PAGES 73 THROUGH 74, OF PARCEL MAPS, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2, SAID CORNER ALSO BEING THE

INTERSECTION OF THE SOUTHEASTERLY LINE OF THE SANTA GERTRUDES FLOOD CONTROL CHANNEL WITH THE EASTERLY RIGHT OF WAY OF MARGARITA ROAD (55.00 FOOT HALF -WIDTH) AS SHOWN ON

SAID PARCEL MAP, SAID EASTERLY RIGHT OF WAY BEING A CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 1,145.00 FEET; THENCE
SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY CURVE THROUGH A CENTRAL ANGLE OF 01-16,34", AN ARC DISTANCE OF 25.50 FEET; THENCE
LEAVING SAID EASTERLY RIGHT OF WAY NORTH 38°53'21" EAST, 33.58 FEET; THENCE NORTH 50°53'28" EAST, 24.83 FEET TO THE PROLONGATION OF A RADIAL LINE OF THE 50.00 FOOT RADIUS

CURVE, CONCAVE NORTHWESTERLY ON SAID SOUTHEASTERLY LINE OF THE SANTA GERTRUDES FLOOD CONTROL CHANNEL BEARING SOUTH 57°35'17" EAST; THENCE
ALONG THE PROLONGATION OF SAID RADIAL LINE NORTH 57°35'17" WEST, 11.26 FEET TO SAID

SOUTHEASTERLY LINE OF THE SANTA GERTRUDES FLOOD CONTROL CHANNEL AND THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 50.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 57°35'17" EAST; THENCE THENCE ALONG SAID SOUTHEASTERLY LINE AND CURVE, THROUGH A CENTRAL ANGLE OF 49°14'39", AN ARC DISTANCE OF 42.97 FEET TO THE POINT OF BEGINNING;

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, RIGHTS, AND EASEMENTS OF RECORD IF ANY;
CONTAINING: 594 SQUARE FEET OR 0.014 ACRES MORE OR LESS.

AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

ROBERT VASQUEZ, L.S.
06-08-2023
DATE
LA
Exp, 12-31-2024
No. 7300

EXHIBIT "B"

SKETCH TO ACCOMPANY LEGAL DESCRIPTION
I
I
I
I

EXISTING CENTERLINE
I

I EXISTING RIGHT OF WAY
l
4 POINT OF BEGINNING MOST W'LY CORNER
PARCEL 2, PM 30060
+T'y PMB 200/73-74
f �J 1,52_W
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it
N '

RCWD EASEMENT
REC. 8/29/1994 AS
INST. NO. 334604 O.R.
20 10 0 20 40
SQNTA N0!TRUN,C-',�
FLC ODD COON` 'RCo�L=
(VNL-;1 NUC'1 i
BASIS OF BEARINGS N13°32'58"E,
N13°33'24"E PER P.M.B. 200 / 73-74

SE'LY LINE

SANTA GERTURDES

FLOOD CONTROL CHANNEL
0 20
cV �IJ
u /
,,,-,--N57°35'17"W 11.26'
DA ' C01L
,X CS
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�Ojq4 R_1gel5`] INDICATES
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1 (

EASEMENT AREA
(594 SQ. FT. t)
17782 17th Street, Suite 200
Tustin, California 92780-1947
Phone: 760.665.4500
%FDAVID EVANS
ANoASSOCIATES INC.

Rancho California Water District
Job Number: Q
EXPI0000-0003 x
Date: 06-08-2023 a
City of Temecula
County of Riverside
State of California
Scale: 1"=20'
_
Sheet 1
of 1 Sheet d

ATTACHMENT 642"

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City of Temecula
Attention: City Clerk's Office
41000 Main Street
Temecula, California 92590
Assessor's Parcel No. 920-080-020 [X] Portion
Documentary Transfer Tax $0.00
This Document is recorded on behalf of the City of Temecula y and is exempt from recording fees pursuant to Government Code § 27383, Documentary Transfer Tax pursuant to Revenue & Taxation Code § 11922

TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Temporary Construction Easement Agreement is entered into between Longs Drug Stores California, L.L.C., a California limited liability company ("Grantor") and the City of Temecula, a municipal corporation ("Grantee" or "City").

Grantor is the record fee owner of that certain real property commonly known as 40365 Winchester Road, Temecula, California, and identified as Riverside County Tax Assessor's Parcel Number 920-080-020 ("Grantor's Property"), described more particularly in Exhibit "1" attached hereto and incorporated herein by this reference. Grantor desires to grant to the City of Temecula, a municipal corporation that approximate 722 square foot Temporary Construction Easement with a term of six (6) months described below in connection with the Santa Gertrudis Creek Phase I1 Bike Trail Margarita Road Undercrossing PW19-04 ("Project").

FOR VALUABLE CONSIDERATION in the amount of Nine Hundred and 00/100 Dollars ($900.00), receipt of which is hereby acknowledged, the Grantor does hereby grant to the City pursuant to this Temporary Construction Easement Agreement ("TCE Agreement") that certain non-exclusive Temporary Construction Easement Agreement ("TCE") with a term of six (6) months on that certain approximate 722 square foot portion of Grantor's Property described more particularly in EXHIBIT "A" and depicted on EXHIBIT `B", which are attached hereto and incorporated herein by this reference ("TCE Area").

1. Scope of TCE. Grantor's grant to the City the TCE is for the use of the TCE Area by City its contractors, agents, representatives, and employees and others deemed necessary by Grantee ("City Designees") to facilitate the construction of the Project. City and City Designees are authorized to use the TCE Area to facilitate the construction of the Project, including ingress and egress, to facilitate the movement of construction equipment for the construction of the reclaimed water line and related facilities that will be constructed as part of the Project in the 1 2877872v1

approximate 594 square foot permanent easement, that the City is acquiring directly adjacent to the TCE Area.

2. Term. The term of City's use of the TCE Area will commence thirty (30) calendar days from the date upon which City provides Grantor with written notice of City's intent to commence its use of the TCE Area ("Commencement Date"). The term of the TCE shall terminate on the earliest of (i) the date upon which City notifies Grantor that it no longer needs the TCE, (ii) six (6) months from the commencement date of the TCE ("Termination Date").

3. Compensation. Grantee acknowledges receipt from City of compensation for City's use of the TCE area for the term set forth in Paragraph 2 above.

4. Option to Extend Terin. City has the option to extend the term of the TCE set forth in Paragraph 2 above by up to six (6) months, on a month -to -month basis, by providing Grantor 15 calendar days' notice before the Termination Date ("Extension Term"). During the Extension Term, City will pay to Grantor the sum of $144.00 per month for City's continued use of the TCE. The monthly compensation is based on compensation at $30.00 per square foot with a net annual return of 8.0 percent (722 square feet @ $30.00 = $21,660 land value @ 8.0 % annual return = $1,732.80 annual rent/12 months = $144.00 monthly rent (rounded)). If City uses the TCE Area for only a portion of a month during the Extension Term, the City will compensate Grantee for a full month of use. The City will pay the compensation for the Extension Term within thirty (30) calendar days of the date on which the City's use of the TCE terminates.

5. No Liens. In consideration for the use of the TCE, the City will keep the approximate 722 square foot TCE and Grantor's Property free of any liens, including without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors, or others that may have lien rights for work arising out of City's use of the TCE in connection with the construction of the Project. If any such lien is filed on the TCE Area or any portion of Grantor's Property in connection with City's use of the TCE for the Project, City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to Grantor within 45 calendar days of receiving notice of the lien. If City fails to remove the lien within such 45-day period, Grantor will have the right to remove or bond over the lien, and City, upon demand, will reimburse Grantor for all reasonable costs and expenses, including without limitation reasonable attorneys' fees incurred by Grantor in connection with such removal or bond.

6. City's Obligations at End of Term. City agrees that as of the Termination Date of the TCE as defined in Paragraph 2 above or at the end of the Extension Term pursuant to Paragraph 3 above, whichever is later, City will leave the TCE Area in as close as possible to the condition in which said TCE Area existed at the Commencement Date, including removal of any equipment or material stored on the TCE Area in connection with the Project and replacement of any landscaping and irrigation located in the TCE Area that is damaged in connection with the City's use of the TCE Area for the Project with material of like kind and quality. Grantor expressly acknowledges, however, that the City has provided to Grantor compensation for the two mature trees that are impacted by the City's acquisition of the adjacent 594 square foot permanent
►.

easement area and use of the 722 square foot TCE Area and such trees will not be replaced by the City as part of the Project. Further, upon the expiration of the term of the TCE under Paragraph 2 or Paragraph 3 above, City agrees to take such actions as reasonably necessary to evidence and give effect to the extinguishment of the TCE and the relinquishment of City's rights and interests in the TCE pursuant to this Grant of TCE. This includes, without limitation, the recording by City of such termination or extinguishment in the form and substance that is reasonably acceptable to Grantor and sufficient to remove this Grant of TCE as an encumbrance against title to Grantor's Property.

7. Warranties. City warrants that on the completion of its use of the TCE, and following removal of any construction equipment and material, and cleanup required by Paragraph 6 above, it shall cause its contractor to leave the TCE Area in a neat manner conforming to the natural appearance of the TCE Area prior to City's use of the TCE Area.

8. Insurance. Prior to entry upon the TCE Area, City will cause its contractor for the Project to procure and maintain a policy of general commercial liability insurance naming Grantor as additional named insured covering any and all claims, demands, and causes of action against Grantor arising out of or pertaining to the use of the TCE by or activities of City's contractor pursuant to this TCE Agreement. Such insurance will be maintained in force during the term of the T C E . The contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors.
a. Minimum Scope of Insurance: Coverage shall be at least as broad as:

General Liability Form No. CG 00 01 11 85 or 88.

Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the contractor owns no automobiles, a non - owned auto endorsement to the General Liability policy described above is acceptable.

Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the contractor has no employees while performing under this contract, worker's compensation insurance is not required, but contractor shall execute a declaration that it has no employees.

Minimum Limits of Insurance: The contractor shall maintain limits no less than:
(1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
3 2877s72v1

Worker's Compensation: As required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease.

Deductibles and Self -Insured Retentions: Any deductibles or self- insurance retentions shall not exceed Twenty -Five Thousand Dollars ($25,000).

Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(1) City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respect to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor.

The coverage shall contain no special limitations on the scope of protection afforded to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers.

For any claims related to this Project, the contractor's insurance coverage shall be primary insurance as respect to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the contractor's insurance and shall not contribute with it.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers.

The contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

Each insurance policy required by this TCE Agreement shall be endorsed to state in substantial conformance to the following: if the policy will be cancelled before the expiration date the insurer will notify in writing to City of such cancellation not less than thirty (30) days prior to the cancellation effective date.

If insurance coverage is cancelled or, reduced in coverage or in limits the contractor shall within two business days of notice from the insurer, phone, fax, and/or notify City via certified mail, return receipt requested of the changes to or cancellation of the policy.

Course of construction policies shall contain the following provisions:
(1) additional insured shall be named as loss payee, and (2) the insurer shall waive all rights of subrogation against entity.
4 2877872v1

Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to City. Self- insurance shall not be considered to comply with these insurance requirements.

Verification of Coverage: Contractor shall furnish City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by City. All endorsements are to be received and approved by the City before work commences. As an alternative to City's forms, the contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

9. Notices. All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return -receipt requested, (iii) sent by facsimile transmission with confirmation of receipt, or (iv) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the address(es) provided below, subject to the right of any Party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery, facsimile transmission or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent.

To Grantee: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
With a copy to: Richards, Watson & Gershon
Attention: Peter M. Thorson, City Attorney
350 S. Grand Avenue, 37th floor
Los Angeles, California 90071
To Grantor: Longs Drug Stores California, L.L.C.
c/o CVS Health
One CVS Drive, MC 1150
Attn: Property Administration (CVS #9550)
2877872v1

10. Permits. The City shall be responsible for securing and maintaining all necessary permits and approvals from other appropriate local, state and federal agencies for its use of the TCE Area, and the City shall comply with all applicable laws and regulations concerning its use of the TCE Area.

11. The followingshall hall apply to Grantee's exercise of its rights to use the TCE Area:
(a) Grantee will not construct or maintain any walls, fences, barriers, buildings or structures of any nature on the TCE Area or any portion thereof. In no event shall Grantee or any of its employees, agents, representatives, contractors, subcontractors, consultants or invitees, bring or store any hazardous materials, construction debris or any other materials on the TCE Area or any portion thereof.
(b) Grantor and its respective successors, assigns, employees, contractors, subcontractors, and invitees, shall have the right to make any use of the TCE Area, whether on, above or below its surface, for any lawful purpose, except that any structure or use shall not interfere in any manner with Grantee's exercise of its temporary easement rights hereunder.
(c) Grantee shall, at its sole cost and expense, restore any portion of the TCE Area that is disturbed or altered in connection with the construction work as set forth in Paragraph 6 herein.
(d) Grantee shall provide Grantor with not less than five (5) business days' prior written notice of the commencement of the work at the address set forth in Paragraph 9 herein. (e) In performing the work within the TCE Area, Grantee shall coordinate construction in a manner that will not (i) cause any disruption to the business operations being conducted by Grantor on Grantor's Property; (ii) cause interference with vehicular and pedestrian ingress, egress and access to and from Grantor's Property and/or with the use of any drive -through facilities located on Grantor's Property; (iii) cause interference with truck access and/or deliveries to Grantor's Property; or (iv) cause interruption of any utilities which service Grantor's Property. Grantee further agrees that it shall not park equipment, vehicles or trucks on Grantor's Property or within the TCE Area. (f) Grantee acknowledges and agrees that Grantee and its employees, agents, contractors, subcontractors, engineers, representatives, consultants or any other party for whom Grantee is responsible will exercise its rights under this easement at Grantee's risk.

Grantor shall not assume any risk, liability, responsibility or duty of care as to Grantee, its employees, agents, contractors, subcontractors, engineers, representatives, consultants or any other party for whom Grantee is responsible hereunder.

12. Indemnification. The City will, and will cause its contractor for the Project to, indemnify, defend and hold Grantor harmless from any and all liability for loss, damages, costs, expenses, demands, causes of action, claims or judgments, arising from or arising out of or in any way connected with the entry, access and use of the TCE by said contractor and its designees in connection with the exercise of the rights of the contractor and its designees under this Grant 6 28778720

of TCE or any breach of the City's or the City's contractor's obligations under this Grant of TCE, and will reimburse Grantor for all reasonable costs, expenses and losses, including reasonable attorneys' fees, incurred by Grantor in consequence of any claims, demands and causes of action that may be made or brought against Grantor arising out of the entry on and use of the area comprising the TCE by said contractor and/or its designees in connection with the Project or any breach of the City's or its contractor's obligations under this Grant of TCE.

13. Amendments. This TCE Agreement may only be amended by a writing executed by both Grantor and the City and recorded in the Official Records of the County Riverside.

14. Except as may otherwise be required in an emergency or to otherwise protect public health, safety, and property, Grantor shall not, nor shall Grantor permit others to, erect, place, or maintain any improvement, or undertake any other activity, which may interfere with the City's rights pursuant to this Grant of TCE.

15. Governing Law; Venue. This TCE Agreement shall be construed in accordance with the laws of the State of California. Any and all legal actions brought to enforce or interpret the terms and provisions of this TCE Agreement shall be commenced exclusively in a court of competent jurisdiction in the County of Riverside.

16. Successors and Assigns. This TCE Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto.

17. Severability. If any part, term or provision of this Grant of TCE is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this TCE Agreement did not contain the particular part, term, or provision held to be invalid.

18. Acceptance of Terms of TCE Agreement. By executing the Certificate of Acceptance, Grantee accepts the above terms and conditions of the Grant of TCE. [Signatures on Next Page]
7 2877872v1

IN WITNESS WHEREOF Grantor has executed this Temporary Construction Easement Agreement on the day and year written below and has agreed to be bound by the terms and provisions hereof.

Dated:

Dated: October, _, 2023
2023

GRANTEE
CITY OF TEMECULA, a municipal corporation
M.

Aaron Adams, City Manager
ATTEST:

By:

Randi Johl, JD, MMC
City Clerk
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney

GRANTOR
Longs Drug Stores California,
L.L.C., a California limited liability
company
A ..

Titk: 4
s' , . I ye( Pe-t
CVS Legal Approval: 1.
8 2877872vl
'Per)
I
iene1

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

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

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

WITNESS my hand and official seal.

Signature (Seal)

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

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

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

WITNESS my hand and official seal.

Signature (Seal)

STATE OF RHODE ISLAND

COUNTY OF PROVIDENCE
In Woonsocket, on the I 6�'day of October, 2023, before me personally appeared Cheryl A.

Green, Assistant Secretary of Longs Drug Stores California, L.L.C., to me known and known by me to be the parry executing the foregoing instrument, and she acknowledged said instrument, by her executed, to be her free act and deed and the free act and deed of Longs Drug Stores California, L.L.C.

NotPublic:

M ission Expires: Lynn E. Chenel
�� N N E, c Notary Public
State of Rhode Island
,o �Tq ��, My Commission Expires: icy -S A D�
00 ,�
F�SCAND

EXHIBIT "V
Legal Description of Grantor's Property

EXHIBIT A

LEGAL DESCRIPTION

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

PARCEL &
PARCEL 2 AS SHOWN BY PARCEL MAP NO. 30060, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN HOOK 200, PAGES 73 AND 74 OF PARCEL MAPS, RECORDS OF RIVERSIDE: COUNTY, CALIFORNIA,
APN: 920-OSM20

Exhibit "A"
Legal Description of Temporary Construction Easement
[See Attached]

SHEET 10F 1
EXHIBIT "A"

COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2, SAID CORNER ALSO BEING THE INTERSECTION

OF THE SOUTHEASTERLY LINE OF THE SANTA GERTRUDES FLOOD CONTROL CHANNEL WITH THE EASTERLY RIGHT OF WAY OF MARGARITA ROAD (55.00 FOOT HALF WIDTH) AS SHOWN ON SAID PARCEL MAP, SAID EASTERLY RIGHT OF WAY BEING A CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 1,145.00 FEET; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY CURVE THROUGH A CENTRAL ANGLE OF 01°16'34", AN ARC DISTANCE OF 25.50' TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY RIGHT OF WAY NORTH 38°53'21" EAST, 33.58 FEET; THENCE NORTH 50°53'28" EAST, 24.83 FEET TO THE PROLONGATION OF A RADIAL LINE OF THE 50.00 FOOT RADIUS CURVE,

CONCAVE NORTHWESTERLY ON SAID SOUTHEASTERLY LINE OF THE SANTA GERTRUDES FLOOD CHANNEL BEARING SOUTH 57°35'17" EAST; THENCE
ALONG THE PROLONGATION OF SAID RADIAL LINE SOUTH 57°35'17" EAST, 8.74 FEET TO THE SOUTHEASTERLY LINE OF THE RANCHO COUNTY WATER DISTRICT EASEMENT, RECORDED AUGUST 29, 1994 AS INSTRUMENT NUMBER 334604, OFFICIAL RECORDS OF SAID COUNTY, AND THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 70.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 57°35'17" EAST; THENCE

SOUTHWESTERLY ALONG SAID SOUTHEASTERLY EASEMENT LINE AND CURVE THROUGH A CENTRAL ANGLE OF 10°58'16", AN ARC DISTANCE OF 13.40 FEET; THENCE
CONTINUING ALONG SAID SOUTHEASTERLY EASEMENT LINE SOUTH 43°23'00" WEST, 54.15 FEET TO THE EASTERLY RIGHT OF WAY OF MARGARITA ROAD (55.00 FOOT HALF WIDTH) AND THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 1,145.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 79°26'14" WEST; THENCE
NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 00°39'04", AN ARC DISTANCE OF 13.01 FEETTO THE TRUE POINT OF BEGINNING.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, RIGHTS, AND EASEMENTS OF RECORD IF ANY.

CONTAINING: 722 SQUARE FEET OR 0.017 ACRES, MORE OR LESS AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

ROBERT VASQUEZ , L.S. 7300
06-08-2023
DATE
LA
Exp.12-31-2024
No. 7300

Exhibit "B"
Depiction of Temporary Construction Easement
[See Attached]

EXHIBIT "B°

EXISTING RIGHT OF WAY
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PARCEL 2 PM 30060 `
1 S81°21'52_W _ _ -
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BASIS OF BEARINGS N13°32'58"E , Z
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1 20 10 0 20 40
17782 17th Street Suite 200
Tustin California 92780-1947
Phone: 760.665.4500
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&=10'58-17"
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PARCEL 2
PA, RCcl FELL /n,NAF
Soo uo a
P111'L 90

EINDICATES EASEMENT
AREA (722 S.F.±)
(A)- RCWD EASEMENT
REC. 8/29/1994 AS
INST. NO. 334604 O.R.

Rancho California Water District
City of Temecula
County of Riverside
State of California
Job Number:

I Date: 06-08-2023 1
Scale: 1 "=20'
Sheet 1
of 1 Sheet

ATTACHMENT 643"

! lII _
�( ► EX 20' PERMANENT �
PROP. 20%/ RECYC D � i ,��

RCWD EASEMENT

WATER LI E
/RELOCATI
I ,
I
I
PROP.

TCE /
(722 SF)
i
c
/ EX. R/W

CITY OF TEMECUL
A V
• /
EXHIBIT B - Page 3

Item No. 9

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Michael Heslin, Director of Information Technology/Support Services DATE: November 28, 2023
SUBJECT: Approve Agreements with Hewlett-Packard Financial Services Company for Technology Infrastructure and DataBank Holdings Ltd. for Disaster Recovery Colocation Services
RECOMMENDATION: That the City Council:

2. Approve a Master Services Agreement with DataBank Holdings Ltd. for disaster recovery colocation services, the cost of which is included in the lease amount.

3. Approve contingency in the amount of $244,520 which is equal to 10% of the agreement amount, for a total agreement amount of $2,689,720.60.

BACKGROUND: The City of Temecula installed our existing technology infrastructure in 2016. This infrastructure is the core component of all City IT systems. It supports over 150 servers, 30 enterprise applications, dozens of databases, and over 100 virtual desktops.

This equipment has aged beyond its lifecycle date and is approaching the manufacturer's end of support.

In the years since the current infrastructure was installed, the City has grown increasing more reliant on technology to support City operations. Enterprise applications run many of the day-to- day operations throughout the organization. Given the critical nature of this infrastructure, this project will replace the aging infrastructure as well as establish a remote data center for offsite Disaster Recovery. The project will greatly improve the reliability of the City's systems and increase their resilience in the event of disaster or down time.

On October 12, 2022, the City released a Request for Proposal (RFP) titled Data Center Refresh (Infrastructure and Disaster Recovery) for the replacement of the existing infrastructure and the establishment of offsite disaster recovery. A total of two responsive proposals were received and reviewed. Helixstorm, Inc., a local vendor with top IT certifications, submitted the preferred proposal in the amount of $2,445,200.60. The equipment and professional services will be leased

through HP Financial Services on a five-year term. Helixstorm, Inc. is an authorized partner with HP Enterprise and certified to sell, install, configure, and support its products.

FISCAL IMPACT: Adequate funds were budgeted in the fiscal year 2023-24 annual operating budget. Funding for subsequent years will be subject to City Council budget approval.

ATTACHMENT: 1. Hewlett-Packard Financial Services Company — State and Local Government Master Lease Purchase Agreement and
Schedule

2. Incumbency Certificate

3. DataBank Holdings Ltd. - Master Services Agreement

4. Helixstorm, Inc. - Quote

Master Agreement Number 100060845511072023
Lessee's Organization Number
Lessee's Tax Identification Number
Lessee's UCC Section 9-307 Location

STATE AND LOCAL GOVERNMENT MASTER LEASE PURCHASE AGREEMENT This State and Local Government Master Lease Purchase Agreement (together with Exhibits A and B attached hereto and hereby made a part hereof, (this "Master Agreement"), dated as of November 7, 2023, is entered into by and between Hewlett-Packard Financial Services Company,' a Delaware corporation ("Lessor"), and City of Temecula, California, an agency, department or political subdivision of the State of California ("Lessee"). Capitalized terms used in this Master Agreement without definition have the meanings ascribed to them in Section 31.

1. PURPOSE OF MASTER AGREEMENT. The purpose of this Master Agreement is to set forth the general terms and conditions upon which Lessor shall lease to Lessee, and Lessee shall lease from Lessor, items of Hardware, Software or both (the "Equipment").

In connection with its execution of this Master Agreement, Lessee shall deliver to Lessor an Officer's Certificate in form and substance acceptable to Lessor, executed by a duly authorized officer of Lessee and certifying as to, among other things, Lessee's authority to enter into this Master Agreement, and the authority of Lessee's officers or representatives specified therein to execute this Master Agreement and an opinion of Lessee's counsel in form and content satisfactory to Lessor.

2. COMMENCEMENT PROCEDURES. Subject to the other terms and conditions contained in this Master Agreement and the applicable Schedule, Lessee shall enter into individual Leases (hereinafter defined) with Lessor as follows:
(a) Execution of Schedule. Lessor and Lessee mutually agree to enter into a Lease by executing a Schedule in the form of Exhibit A with such changes as Lessor and Lessee shall have agreed to as conclusively evidenced by their execution thereof. Each such Schedule shall specifically identify (by serial number or other identifying characteristics) the items of Equipment to be leased under such Schedule. Each Schedule, when executed by both Lessee and Lessor, together with this Master Agreement, shall constitute a separate and distinct lease ("Lease"), enforceable according to its terms. In the event of any conflict between the terms of this Master Agreement and such Schedule, the provisions of the Schedule shall govern. (b) Acceptance; Term of Leases. Lessee shall accept the Equipment subject to a Lease in accordance with Section 3. The Term of each Lease shall begin on the Acceptance Date of the Equipment subject to such Lease and shall continue for the period described in the applicable Schedule unless a Non -appropriation shall have occurred. (c) Adjustments to Schedule. Lessee acknowledges that the Total Cost of Equipment and the related Rent payments set forth in any Schedule may be estimates, and if the final invoice from the Seller attached to the related Acceptance Certificate(s) specifies a Total Cost that is less than the estimated Total Cost set forth in the Schedule, Lessee hereby authorizes Lessor to reduce the applicable Total Cost and Rent payment on the Schedule by up to ten percent (10%) to reflect such final invoice amount (the "Final Invoice Amount"). All references in this Master Agreement and any Schedule to Total Cost and Rent shall mean the amounts thereof specified in the applicable Schedule, as adjusted pursuant to this paragraph.
(d) Payment by Lessor. Within 30 days after Lessee's delivery to Lessor of a properly completed and executed Acceptance Certificate and all other documentation necessary to establish Lessee's acceptance of such Equipment under the related Lease and Lessor's acceptanceof such Acceptance Certificate, Lessor shall pay for the Equipment. Lessor shall not accept the Acceptance Certificate until it has received from Lessee (1) evidence of insurance with respect to the Equipment in compliance with Section 14 hereof, (2) a completed and executed original Form 8038-G or 8038-GC, as applicable, or evidence of filing thereof with the Internal Revenue Service in the manner required by Code Section 149(e), (3) an opinion of Lessee's counsel, if required by Lessor, in form and substance reasonably satisfactory to Lessor and (4) any other documents or items reasonably required by Lessor. Notwithstanding the foregoing, Lessor shall not be obligated to pay for the Equipment if a Lessee Default has occurred or an event has occurred and is continuing that with the passage of time or provision of notice would constitute a Lessee Default. Lessor and Lessee acknowledge that the date the Lessor pays for the Equipment shall be the issue date of the obligation for federal income tax purposes in accordance with the Code and no Rent shall accrue prior to such date.

3. ACCEPTANCE OF EQUIPMENT. (a) Inspection of Equipment. Lessee agrees to inspect all Equipment as soon as reasonably practicable after the delivery thereof to Lessee.
(b) Acceptance Certificate. Upon the satisfactory inspection of the Equipment by Lessee, or if acceptance requirements for such Equipment are specified in the applicable Purchase Documents, as soon as such requirements are met, Lessee shall unconditionally and irrevocably accept the Equipment by executing and delivering to Lessor a properly completed Acceptance Certificate in substantially the form of Exhibit B.

4. RENT; LATE CHARGES. As rent ("Rent") for the Equipment under any Lease, Lessee agrees to pay the amounts specified in the applicable Schedule on the due dates specified in the applicable Schedule. Lessee agrees to pay Lessor interest on any Rent payment or other amount due hereunder that is not paid within 10 days of its due date, at the rate of 1 % per month (or such lesser rate as is the maximum rate allowable under applicable law). Lessee will make provision for such payments in budgets submitted to its governing body for the purpose of obtaining funding for the payments.

5. TRANSFER OF EQUIPMENT ON EXPIRATION OF LEASE TERM. If Lessee has paid all Rent and all other amounts due under the Lease and has satisfied all other terms and conditions of the Lease, the Lease shall terminate and, except as provided in Section 28, 1 Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York. 1of13

Lessee shall be relieved of all of its obligations in favor of Lessor with respect to the Equipment and Lessor shall transfer all of its interest in such Equipment to Lessee "AS IS, WHERE IS," without any warranty, express or implied, from Lessor, other than the absence of any liens or claims by or through Lessor.

6. LEASES NON -CANCELABLE; NET LEASES; WAIVER OF DEFENSES TO PAYMENT. IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT EACH LEASE HEREUNDER SHALL BE NON -CANCELABLE (EXCEPT AS SET FORTH IN SECTION 7

HEREOF), AND THAT EACH LEASE HEREUNDER IS A NET LEASE SO THAT AMONG OTHER THINGS LESSEE SHALL PAY IN ADDITION TO THE RENT, TAXES, INSURANCE AND MAINTENANCE CHARGES RELATED TO THE EQUIPMENT. LESSEE

AGREES THAT IT HAS AN ABSOLUTE AND UNCONDITIONAL OBLIGATION TO PAY ALL RENT AND OTHER AMOUNTS WHEN DUE. LESSEE HEREBY WAIVES ANY RECOUPMENT, CROSS -CLAIM, COUNTERCLAIM OR ANY OTHER DEFENSE AT LAW OR

IN EQUITY TO ANY RENT OR OTHER AMOUNT DUE WITH RESPECT TO ANY LEASE, WHETHER ANY SUCH DEFENSE ARISES

OUT OF THIS MASTER AGREEMENT, ANY SCHEDULE, ANY CLAIM BY LESSEE AGAINST LESSOR, LESSOR'S ASSIGNEES OR SUPPLIER OR OTHERWISE. IF THE EQUIPMENT IS NOT PROPERLY INSTALLED, DOES NOT OPERATE OR INTEGRATE AS

REPRESENTED OR WARRANTED BY SUPPLIER OR IS UNSATISFACTORY FOR ANY REASON WHATSOEVER, LESSEE WILL

MAKE ANY CLAIM ON ACCOUNT OF THOSE ISSUES SOLELY AGAINST SUPPLIER AND WILL NEVERTHELESS PAY ALL SUMS DUE WITH RESPECT TO EACH LEASE.

7. NONAPPROPRIATION. Notwithstanding anything contained in this Master Agreement to the contrary, in the event that sufficient funds are not appropriated and budgeted by Lessee's governing body or are not otherwise available from other legally available sources in any fiscal period for the payment of Rent and other amounts due under any Lease, the Lease shall terminate on the last day of the fiscal period for which appropriations were received or other amounts are available to pay amounts due under the Lease without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Rent payments or other amounts herein agreed upon for which funds shall have been appropriated or are otherwise available. Lessee will immediately notify the Lessor or its assignee of such occurrence. In the event of such termination, Lessee shall immediately cease all use of the Equipment, and shall, at its sole expense and risk, immediately de -install, disassemble, pack, crate, insure, and return the Equipment subject to such Lease to Lessor (all in accordance with Section 10 of this Master Agreement). Such Equipment shall be in the same condition as when received by Lessee (reasonable wear, tear and depreciation resulting from normal and proper use excepted), shall be in good operating order and maintenance as required by this Lease, shall be free and clear of any liens (except Lessor's lien) and shall comply with all applicable laws and regulations. Lessee agrees to execute and deliver to Lessor all documents reasonably requested by Lessor or evidence the transfer of legal and beneficial title to such Equipment to Lessor and to evidence the termination of Lessee's interest in such Equipment. Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. At Lessor's request, Lessee shall promptly provide supplemental documentation as to such Non -Appropriation satisfactory to Lessor'. Lessee's exercise of its rights pursuant to this Section 7 shall not affect the survival of any indemnity and other provisions (other than the obligation to lease the Equipment and pay amounts due under the Lease) which survive the termination of the Lease.

8. ASSIGNMENT OF PURCHASE DOCUMENTS. Lessee assigns to Lessor all of Lessee's right, title and interest in and to (a) the Equipment described in eacl-i Schedule, and (b) the Purchase Documents relating to such Equipment. Such assignment of the Purchase Documents is an assignment of rights only; nothing in this Master Agreement shall be deemed to have relieved Lessee of any obligation or liability under any of the Purchase Documents, except that, as between Lessee and Lessor, Lessor shall pay for the Equipment in accordance with Section 2(d) hereof. Lessee represents and warrants that it has reviewed and approved the Purchase Documents. In addition, if Lessor shall so request, Lessee shall deliver to Lessor a document acceptable to Lessor whereby Seller acknowledges and provides any required consent to such assignment. For the avoidance of doubt, Lessee covenants and agrees that it shall at all times during the Term of each Lease comply in all respects with the terms of any License Agreement relating to any Equipment leased thereunder. IT IS ALSO SPECIFICALLY UNDERSTOOD AND AGREED THAT NEITHER SUPPLIER NOR ANY SALESPERSON OF

SUPPLIER IS AN AGENT OF LESSOR, NOR ARE THEY AUTHORIZED TO WAIVE OR ALTER ANY TERMS OF THIS MASTER AGREEMENT OR ANY SCHEDULE.

9. ASSIGNMENT OF SUPPLIER WARRANTIES. To the extent permitted, Lessor hereby assigns to Lessee all Equipment warranties provided by any Supplier in the applicable Purchase Documents. Lessee shall have the right to take any action it deems appropriate to enforce such warranties provided such enforcement is pursued in Lessee's name and at its expense. In the event Lessee is precluded from enforcing any such warranty in its name and to the extent Lessor retains title to the Equipment, Lessor shall, upon Lessee's request, take reasonable steps to enforce such warranty. In such circumstances, Lessee shall, promptly upon demand, reimburse Lessor for all expenses incurred by Lessor in enforcing the Supplier warranty. Any recovery resulting from any such enforcement efforts shall be divided between Lessor and Lessee as their interests may appear.

10. EQUIPMENT RETURN REQUIREMENTS. At any time Lessee is required to return Equipment to Lessor under the terms of this Master Agreement or any Schedule. Lessee shall (a) wipe clean or permanently delete all data contained on the Equipment, including without limitation, any data contained on internal or external drives, discs, or accompanying media, and (b) pack the Equipment to be returned to Lessor in accordance with the manufacturer's guidelines and deliver such Equipment to Lessor at any destination within the continental United States designated by Lessor. In the case of any item of Software or License Agreement subject to a Schedule, at the time of the occurrence of a Non -Appropriation or a Lessee Default, Lessee shall also be automatically deemed to have reassigned any License Agreement, and shall immediately de -instals and deliver to Lessor all Software, together with the original certificate of authenticity issued by the licensor of such Software, if any. All dismantling, packaging, transportation, in -transit insurance and shipping charges shall be borne by Lessee. All Equipment shall be returned to Lessor in the same condition and working order as when delivered to Lessee, reasonable wear and tear excepted, and except in the case of PC Equipment and Software, shall qualify for maintenance service by the Supplier at its then standard rates for Equipment of that age, if available. Lessee shall be responsible for, and shall reimburse Lessor promptly on demand for, the cost of returning the Equipment to good working condition or, in the case of Equipment other than PC Equipment and Software, qualifying the Equipment for the Supplier's maintenance service, if available. 2of13

11. EQUIPMENT USE, MAINTENANCE AND ADDITIONS. Lessee is solely responsible for the selection, installation, operation and maintenance of the Equipment and all costs related thereto, including shipping charges. Lessee shall at all times operate and maintain the Equipment in good working order, repair, condition and appearance, and in accordance with the manufacturer's specifications and recommendations. On reasonable prior notice to Lessee, Lessor and Lessor's agents shall have the right, during Lessee's normal business hours and subject to Lessee's reasonable, standard security procedures, to enter the premises where the Equipment is located for the purpose of inspecting the Equipment and observing its use. Except in the case of PC Equipment and Software, Lessee shall, at its expense, enter into and maintain and enforce at all times during the Term of each Lease a maintenance agreement to service and maintain the related Equipment, upon terms and with a provider reasonably acceptable to Lessor. Lessee shall make no alterations or additions to the Equipment, except those that (a) will not void any warranty made by the Supplier of the Equipment, result in the creation of any security interest, lien or encumbrance on the Equipment or impair the value or use of the Equipment either at the time made or at the end of the Term of the applicable Lease, and are readily removable without damage to the Equipment ("Optional Additions")_ or (b) are required by any applicable law, regulation or order. All additions to the Equipment or repairs made to the Equipment, except Optional Additions, become a part of the Equipment and Lessor's property at the time made; Optional Additions which have not been removed in the event of the return of the Equipment shall become Lessor's property upon such return.

12. EQUIPMENT OWNERSHIP; LIENS; LOCATION. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in Lessee; provided, however, that (i) in the event of termination of this Lease by Lessee pursuant to Section 7 hereof, or (ii) upon the occurrence of a Lessee Default as defined In Section 22 hereof, and as long as such Lessee Default is continuing, title to the Equipment (including Substitute Equipment) will immediately vest in Lessor or its assignee. Lessee covenants with respect to each Lease that: (i) it will not pledge or encumber the Equipment or Lessor's interest in the Equipment in any manner whatsoever nor create or permit to exist any levy, lien or encumbrance thereof or thereon except those created by or through Lessor; (ii) the Equipment shall remain personal property whether or not affixed to realty and shall not become a fixture or be made to become a part of any real property on which it is placed without Lessor's prior written consent; and (iii) Lessee shall maintain the Equipment so that it does not become essential to and may be removed from any building in which it is placed without any damage to the building or the Equipment. Provided Lessee remains in possession and control of the Equipment, Lessee may relocate any Equipment from the Equipment Location specified in the applicable Schedule to another of its locations within the State of the Equipment Location upon prior written notice to Lessor specifying the new Equipment Location or to another of its locations within the United States after receiving the written consent of Lessor to such relocation. Lessee shall not locate or relocate any Equipment such that any third party comes into possession or control thereof without Lessor's prior written consent; provided, however, that Lessor shall not unreasonably withhold its consent to the location or relocation of Equipment to a third party co -location or hosting facility if such third party shall have executed and delivered to Lessor a waiver agreement in form and substance acceptable to Lessor pursuant to which, among other things, such third party shall have waived any rights to the Equipment and agreed to surrender the Equipment to Lessor in the event of a Lessee Default under this Master Agreement.

Notwithstanding the foregoing, Lessor agrees that computer equipment usable outside of a fixed office environment, such as laptops, notebooks or similar PC Equipment (collectively, "Mobile PC Equipment") may be relocated on a non -permanent basis from the Equipment Location originally specified in the applicable Schedule without Lessors prior written consent, provided that (i) such relocation is made by Lessee's primary employee In the custody and control of such Mobile PC Equipment; (ii) the primary employee remains In possession and control of the Mobile PC Equipment, and (iii) the primary employee's principal office is the Equipment Location. For purposes of this Master Agreement and any applicable Schedule, the term Equipment shall be deemed to include all Mobile PC Equipment.

13. SECURITY INTEREST; MAXIMUM RATE. In order to secure all of its obligations hereunder, Lessee hereby, to the extent permitted by law and to secure payment and performance of Lessee's obligations under this Master Agreement and all Leases, grants Lessor a purchase money security interest in the related Equipment and in all attachments, accessories, additions, substitutions, products, replacements, rentals and proceeds (including, without limitation, insurance proceeds) thereto as well as a security interest in any other Equipment financed pursuant to this Master Agreement or any other agreement between Lessor and Lessee (collectively, the "Collateral").

In any such event, notwithstanding any provisions contained in this Master Agreement or in any Schedule, neither Lessor nor any Assignee shall be entitled to receive, collect or apply as interest any amount in excess of the maximum rate or amount permitted by applicable law. In the event Lessor or any Assignee ever receives, collects or applies as interest any amount in excess of the maximum amount permitted by applicable law, such excess amount shall be applied to the unpaid principal balance and any remaining excess shall be refunded to Lessee. In determining whether the interest paid or payable under any specific contingency exceeds the maximum rate or amount permitted by applicable law, Lessor and Lessee shall, to the maximum extent permitted under applicable law, characterize any non -principal payment as an expense or fee rather than as interest, exclude voluntary prepayments and the effect thereof, and spread the total amount of interest over the entire term of this Master Agreement and all Leases. Lessee agrees that Lessor may file this Lease as a financing statement evidencing such security interest or any other financing statement deemed necessary by Lessor and agrees to execute and deliver all certificates of title and other instruments necessary or appropriate to evidence such security interest.

14. RISK OF LOSS AND INSURANCE. Lessee assumes any and all risk of loss or damage to the Equipment from the time such Equipment is delivered to Lessee until such Equipment is returned to and is received by Lessor in accordance with the terms and conditions of this Master Agreement. Lessee agrees to keep the Equipment insured at Lessee's expense against all risks of loss from any cause whatsoever, including without limitation, loss by fire (including extended coverage), theft and damage. Lessee agrees that such insurance shall name Lessor as a loss payee and cover not less than the replacement value of the Equipment. Lessee also agrees that it shall carry commercial general liability insurance in an amount not less than $2,000,000 total liability per occurrence and cause Lessor and its affiliates and its and their successors and assigns, to be named additional insureds under such insurance. Each policy shall provide that the insurance cannot be canceled without at least 30 days' prior written notice to Lessor, and no policy shall contain a deductible in excess of $25,000. Upon Lessor's prior written consent, in lieu of maintaining insurance obtained by third party insurance carriers, Lessee may self insure against such risks, provided that Lessor's interests are protected to the same extent as if the insurance had been obtained by third party insurance carriers and provided further that such self insurance program is consistent with prudent business practices with respect with such insurance risk. Lessee shall provide to Lessor (a) on or prior to the Acceptance Date for each Lease, and from time to time thereafter, certificates of insurance evidencing such insurance coverage throughout the Term of each Lease, and (b) upon Lessor's request, copies of the insurance policies. If Lessee fails to provide Lessor with such evidence, then Lessor will 3of13

have the right, but not the obligation, to purchase such insurance protecting Lessor at Lessee's expense. Lessee's expense shall include the full premium paid for such insurance and any customary charges, costs or fees of Lessor. Lessee agrees to pay such amounts in substantially equal installments allocated to each Rent payment (plus interest on such amounts at the rate of 1-1/2% per month or such lesser rate as is the maximum rate allowable under applicable law).

15. CASUALTY LOSS. Lessee shall notify Lessor of any Casualty Loss or repairable damage to any Equipment as soon as reasonably practicable after the date of any such occurrence but in no event later than 30 days after such occurrence. In the event any Casualty Loss shall occur, on the next Rent payment date Lessee shall (a) at Lessee's option provided no Lessee Default has occurred nor an event that with the passage of time or provision of notice would constitute a Lessee Default has occurred and is continuing or (b) at Lessor's option if a Lessee Default has occurred or an event that with the passage of time or provision of notice would constitute a Lessee Default has occurred and is continuing, (1) subject to Section 7 hereof, pay Lessor, solely from legally available funds, the Stipulated Loss Value of the Equipment suffering the Casualty Loss, or (2) substitute and replace each item of Equipment suffering the Casualty Loss with an item of Substitute Equipment. If Lessee shall pay the Stipulated Loss Value of the Equipment suffering a Casualty Loss, upon Lessor's receipt in full of such payment the applicable Lease shall terminate as it relates to such Equipment and, except as provided in Section 28, Lessee shall be relieved of all obligations under the applicable Lease as it relates to such Equipment. If Lessee shall replace Equipment suffering a Casualty Loss with items of Substitute Equipment the applicable Lease shall continue in full force and effectwithout any abatement of Rent with such Substitute Equipment thereafter being deemed to be Equipment leased thereunder. Upon Lessor's receipt of such payment of Stipulated Loss Value in full or replacement of the Equipment suffering the Casualty Loss with Substitute Equipment, Lessor shall transfer to Lessee all of Lessor's interest in the Equipment suffering the Casualty Loss "AS IS, WHERE IS," without any warranty, express or implied, from Lessor, other than the absence of any liens or claims by or through Lessor. In the event of any repairable damage to any Equipment, the Lease shall continue with respect to such Equipment without any abatement of Rent and Lessee shall, at its expense, from insurance proceeds or other funds legally available, promptly cause such Equipment to be repaired to the condition it is required to be maintained pursuant to Section 11.

16. TAXES. Lessor shall report and pay all Taxes now or hereafter imposed or assessed by any governmental body, agency or taxing authority upon the purchase, ownership, delivery, installation, leasing, rental, use or sale of the Equipment, the Rent or other charges payable hereunder, or otherwise upon or in connection with any Lease, whether assessed on Lessor or Lessee, other than any such Taxes required by law to be reported and paid by Lessee. Lessee shall promptly reimburse Lessor for all such Taxes paid by Lessor, together with any penalties or interest in connection therewith attributable to Lessee's acts or failure to act, excluding (a) Taxes on or measured by the overall gross or net income or items of tax preference of Lessor, (b) as to any Lease the related Equipment, Taxes attributable to the period after the return of such Equipment to Lessor, and (c) Taxes imposed as a result of a sale or other transfer by Lessor of any portions of its interest in any Lease or in any Equipment except for a sale or other transfer to Lessee or a sale or other transfer occurring after and during the continuance of any Lessee Default.

17. GENERAL INDEMNITY. Lessee, to the extent permitted by law, shall indemnify and hold harmless Lessor and assignees, from and against any and all Claims arising out of or in connection with any matter involving this Master Agreement, the Equipment or any Lease, including but not limited to the selection, manufacture, purchase, acceptance, rejection, ownership, delivery, lease, possession, maintenance, use (including any patent, trademark or copyright infringement), condition, return or operation of any Equipment or the enforcement of Lessor's rights under any Lease. Notwithstanding the foregoing, Lessee shall have no obligation to indemnify or defend against any Claim arising solely as a result of Lessor's gross negligence or willful misconduct.

18. TAX REPRESENTATIONS AND COVENANTS AND TAX PAYMENTS. (a) Lessee represents, covenants and warrants that: (i) Lessee is a political subdivision or agency or department of the State in which it is located; (ii) a portion of the Rent is interest based on the total Equipment cost as shown on a Schedule and such interest portion of the Rent shall be excluded from Lessor's gross income pursuant to Section 103 of the Code; (iii) Lessee will comply with the information reporting requirements of Section 149(e) of the Code, and such compliance shall include but not be limited to the execution of information statements requested by Lessor; (iv) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond within the meaning of Section 148(a) of the Code; (v) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141(a) of the Cade; (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the interest portion of the Rent payments to be or become includable in gross income for federal income taxation purposes under the Code; (vii) Lessee will be the only entity to own, use and operate the Equipment during the Lease Term; (viii) Lessee has not failed to appropriate funds for payment of any amount due pursuant to a lease purchase agreement, a conditional sales agreement or any similar type of obligation within the past 10 years; and (ix) within the past 10 years, Lessee is not and has not been in default under any bond, note, lease purchase agreement or other type of financial obligation to which it has been a party for which Lessee is obligated to make lease payments. (b) This Master Agreement has been entered into on the basis that Lessor or any Assignee of Lessor shall claim that the interest paid hereunder is exempt from federal income tax under Section 103(a) of the Code. Upon a breach by Lessee of any of its representations, warranties and covenants in Section 18(a) above and as a result thereof, the United States Government disallows, eliminates, reduces, recaptures, or disqualifies, in whole or in part, any benefits of such exemption, Lessee shall then pay to Lessor (but solely from funds legally available therefor), at Lessor's election, either: (i) supplemental payment(s) to Lessor during the remaining period of the Term(s) in an amount necessary to permit Lessor to receive (on an after tax basis over the full term of the Master Agreement) the same rate of return that Lessor would have realized had there not been a loss or disallowance of such benefits, together with the amount of any interest or penalty which may be assessed by the governmental authority with respect to such loss or disallowance; or (ii) a lump sum payable upon demand to Lessor which shall be equal to the amount necessary to permit Lessor to receive (on an after tax basis over the full term of the Master Agreement) the same rate of return that Lessor would have realized had there not been a loss or disallowance of such benefits together with the amount of any interest or penalty which may be assessed by the governmental authority with respect to such loss or disallowance.
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19. COVENANT OF QUIET ENJOYMENT. So long as no Lessee Default exists, and no event shall have occurred and be continuing which, with the giving of notice or the passage of time or both, would constitute a Lessee Default, neither Lessor nor any party acting or claiming through Lessor, by assignment or otherwise, will disturb Lessee's quiet enjoyment of the Equipment during the Term of the related Lease.

20. DISCLAIMERS AND LESSEE WAIVERS. LESSEE LEASES THE EQUIPMENT FROM LESSOR "AS IS, WHERE IS." IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT (A) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 19, LESSOR MAKES

ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT

LIMITATION, ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE DESIGN, COMPLIANCE WITH SPECIFICATIONS,

QUALITY, OPERATION, OR CONDITION OF ANY EQUIPMENT (OR ANY PART THEREOF), THE MERCHANTABILITY OR FITNESS OF EQUIPMENT FOR A PARTICULAR PURPOSE, OR ISSUES REGARDING PATENT INFRINGEMENT, TITLE AND THE LIKE; (B)

LESSOR SHALL NOT BE DEEMED TO HAVE MADE, BE BOUND BY OR LIABLE FOR, ANY REPRESENTATION, WARRANTY OR PROMISE MADE BY THE SUPPLIER OF ANY EQUIPMENT (EVEN IF LESSOR IS AFFILIATED WITH SUCH SUPPLIER); (C)

LESSOR SHALL NOT BE LIABLE FOR ANY FAILURE OF ANY EQUIPMENT OR ANY DELAY IN THE DELIVERY OR INSTALLATION THEREOF; (D) LESSEE HAS SELECTED ALL EQUIPMENT WITHOUT LESSOR'S ASSISTANCE; AND (E) LESSOR IS NOT A MANUFACTURER OF ANY EQUIPMENT. IT IS FURTHER AGREED THAT LESSOR SHALL HAVE NO LIABILITY TO

LESSEE, OR ANY THIRD PARTIES FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT

OF THIS MASTER AGREEMENT OR ANY SCHEDULE OR CONCERNING ANY EQUIPMENT, OR FOR ANY DAMAGES BASED ON STRICT OR ABSOLUTE TORT LIABILITY OR LESSOR'S NEGLIGENCE; PROVIDED, HOWEVER, THAT NOTHING IN THIS

MASTER AGREEMENT SHALL DEPRIVE LESSEE OF ANY RIGHTS IT MAY HAVE AGAINST ANY PERSON OTHER THAN LESSOR. LESSOR AND LESSEE AGREE THAT THE LEASES SHALL BE GOVERNED BY THE EXPRESS PROVISIONS OF THIS

MASTER AGREEMENT AND THE OTHER FUNDAMENTAL AGREEMENTS AND NOT BY THE CONFLICTING PROVISIONS OF ANY OTHERWISE APPLICABLE LAW. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, LESSEE WAIVES

ANY RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY STATUTE OR OTHERWISE, IN EITHER CASE THAT ARE INCONSISTENT WITH OR THAT WOULD LIMIT OR MODIFY LESSOR'S RIGHTS SET FORTH IN THIS MASTER AGREEMENT.

21. LESSEE WARRANTIES. Lessee represents, warrants and covenants to Lessor with respect to each Lease that: (a) Lessee has the power and authority to enter into each of the Fundamental Agreements; (b) all Fundamental Agreements are legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with their terms and do not violate or create a default under any instrument or agreement binding on Lessee; (c) there are no pending notice of which has been properly served on the City, or threatened actions or proceedings before any court or administrative agency that could have a material adverse effect on Lessee or any Fundamental Agreement, unless such actions have been disclosed to Lessor and consented to in writing by Lessor; (d) Lessee shall comply in all material respects with all laws and regulations the violation of which could have a material adverse effect upon the Equipment of Lessee's performance of its obligations under any Fundamental Agreement; (e) each Fundamental Agreement shall be effective against all creditors of Lessee under applicable law, including fraudulent conveyance and bulk transfer laws, and shall raise no presumption of fraud; (f) all financial statements, certificates or summaries relating to Lessee's financial condition, fiscal budget orthe assessment and collection of taxes and other related information furnished by Lessee shall be prepared in accordance with generally accepted accounting principles in the United States in effect at that time and shall Fairly present Lessee's financial position as of the dates given on such statements; (g) since the date of the most recent annual financial statement, there has been no material adverse change in the financial condition of, or the level of assessment or collection of taxes by, the Lessee; (h) the Equipment, subject to any Lease, is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of its authority and will be used during the Term of such Lease only by Lessee and only to perform such function; (1) Lessee intends to use the Equipment for the entire Term of such Lease and all Equipment will be used for business purposes only and not for personal, family or household purposes; 0) Lessee has complied fully with all applicable law governing open meetings, public bidding and appropriations required in connection with this Lease and the acquisition of the Equipment; (k) there has been no material change in the budget for Lessee's current Fiscal Period since its adoption, in a manner that would adversely affect the General Fund or any other funding that affects the City's performance under this Lease; (1) Lessee's obligations to pay Rent and any other amounts due under this Lease constitute a current expense and not a debt of Lessee under applicable state law; (m) no provision of this Lease constitutes a pledge of the tax or general revenues of Lessee; (n) Lessee does not export, re-export, or transfer any Equipment, Software, system software or source code or any direct product thereof to a prohibited destination, or to nationals of proscribed countries wherever located, without prior authorization from the United States government and other applicable governments; (o) Lessee does not use any Equipment, Software or system software or technology, technical data, or technical assistance related thereto or the products thereof in the design, development, or production of nuclear, missile, chemical, or biological weapons or transfer the same to a prohibited destination, or to nationals of proscribed countries wherever located, without prior authorization from the United States and other applicable governments; and (p) Lessee is not an entity designated by the United States government or any other applicable government with which transacting business without the prior consent of such government is prohibited.

22. DEFAULT. Any of the following shall constitute a default by Lessee (a "Lessee Default") under this Master Agreement and all Leases: (a) Lessee fails to pay any Rent payment or any other amount payable to Lessor under this Master Agreement or any Schedule within 10 days after its due date; or (b) Lessee defaults on or breaches any of the other terms and conditions of any Material Agreement, and fails to cure such breach within 10 days afterwritten notice thereof from Lessor; or (c) any representation or warranty made by Lessee in any Material Agreement proves to be incorrect in any material respect when made or reaffirmed; or (d) any change occurs in relation to Lessee's financial condition that, in Lessor's opinion, would have a material adverse effect on Lessee's ability to perform its obligations under this Master Agreement or under any Schedule or (e) Lessee becomes insolvent or fails generally to pay its debts as they become due; or (f) a proceeding under any bankruptcy, reorganization, arrangement of debt, insolvency or receivership law is filed by or against Lessee (and, if such is proceeding is involuntary, it is not dismissed within 60 days after the thereof) or Lessee takes any action to authorize any of the foregoing matters; (g) any Equipment is levied against, seized or attached; or (h) any letter of credit or guaranty issued in support of a Lease is revoked, breached, canceled or terminated (unless consented to in advance by Lessor). 5of13

23. REMEDIES. If a Lessee Default occurs, Lessor may, in its sole discretion, exercise one or more of the following remedies: (a) declare all amounts due and to become due during Lessee's current fiscal year under any or all Leases to be immediately due and payable; or (b) terminate this Master Agreement or any Lease(s); or (c) take possession of, or render unusable, any Equipment wherever the Equipment may be located, without demand or notice and without any court order or other process of law in accordance with Lessee's reasonable security procedures, and no such action shall constitute a termination of any Lease; or (d) require Lessee to deliver the Equipment to a location specified by Lessor; or (e) declare the Stipulated Loss Value for any or all Equipment to be due and payable but solely from funds legally available therefor as liquidated damages for loss of a bargain and not as a penalty and in lieu of any further Rent payments under the applicable Lease or Leases; or (f) proceed by court action to enforce performance by Lessee of any Lease and/or to recover all damages and expenses incurred by Lessor by reason of any Lessee Default; or (g) terminate any other agreement that Lessor may have with Lessee; or (h) exercise any other right or remedy available to Lessor at law or in equity. Also, Lessee shall pay Lessor (i) all costs and expenses that Lessor may incur to maintain, safeguard or preserve the Equipment, and other expenses incurred by Lessor in enforcing any of the terms, conditions or provisions of this Master Agreement (including reasonable legal fees and collection agency costs) and (il) all costs incurred by Lessor in exercising any of its remedies hereunder (including reasonable legal fees). Upon repossession or surrender of any Equipment, Lessor will lease, sell or otherwise dispose of the Equipment in a commercially reasonable manner, with or without notice and at public or private sale, and apply the net proceeds thereof to the amounts owed to Lessor under this Master Agreement; provided, however, that Lessee will remain liable to Lessor for any deficiency that remains after any sale or lease of such Equipment. Any proceeds of any sale or lease of such Equipment in excess of the amounts owed to Lessor under this Master Agreement will be retained by Lessor. Lessee agrees that with respect to any notice of a sale required by law to be given, 10 days' notice will constitute reasonable notice. With respect to any exercise by Lessor of its right to recover and/or dispose of any Equipment or other Collateral securing Lessee's obligations under any Schedule, Lessee acknowledges and agrees as follows: (i) Lessor shall have no obligation, subject to the requirements of commercial reasonableness, to clean-up or otherwise prepare the Equipment or any other Collateral for disposition, (ii) Lessor may comply with any applicable state or federal law requirements in connection with any disposition of the Equipment or other Collateral, and any actions taken in connection therewith shall not be deemed to have adversely affected the commercial reasonableness of any such disposition, and (iii) Lessor may convey the Equipment and any other Collateral on an "AS IS, WHERE IS" basis, and without limiting the generality of the foregoing, may specifically exclude ordisciaim any and all warranties, including any warranty of title or the like with respect to the disposition of the Equipment or other Collateral, and no such conveyance or such exclusion or such disclaimer of any warranty shall be deemed to have adversely affected the commercial reasonableness of any such disposition. These remedies are cumulative of every other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time.

24. PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee fails to perform any of Its obligations hereunder, Lessor may perform any act or make any payment that Lessor deems reasonably necessary for the maintenance and preservation of the Equipment and Lessor's interests therein; provided, however, that the performance of any act or payment by Lessor shall not be deemed a waiver of, or release Lessee from, the obligation at issue. All sums so paid by Lessor, together with expenses including reasonable legal fees and cost) incurred by Lessor in connection therewith, shall be paid to Lessor by Lessee from funds legally available therefor immediately upon demand.

25. PURCHASE OPTIONS. Lessee may elect, by delivering to Lessor at least 30 days' prior written notice, to purchase on any Rent payment date not less than all Units of Equipment then subject to the Lease (other than items of Software that may not be sold by Lessor under the terms of any applicable License Agreement) for an amount equal to the sum of the Rent then due, all other amounts due under the Lease and the Concluding Payment for such Equipment as of the designated Rent payment date; provided no Lessee Default shall have occurred and be continuing or no event has occurred which with notice or lapse of time could constitute a Lessee Default. In the event of such an election, Lessee shall pay such amount to Lessor, in immediately available funds, on or before the designated Rent payment date. If Lessee shall have elected to purchase the Equipment, shall have so paid the purchase price and shall have fulfilled the terms and conditions of this Master Agreement and the related Schedule, then (1) the Lease with respect to such Equipment shall terminate on the designated Rent payment date and, except as provided in Section 28, Lessee shall be relieved of all of its obligations in favor of Lessor with respect to such Equipment, and (2) Lessor shall transfer all of its interest in such Equipment to Lessee "AS IS, WHERE IS," without any warranty, express or implied, from Lessor, other than the absence of any liens or claims by or through Lessor.

26. ASSIGNMENT. Lessor shall have the unqualified right to sell, assign, grant a security interest in or otherwise convey any part of its interest in this Master Agreement, any Lease or any Equipment, in whole or in part, without prior notice to or the consent of Lessee. If any Lease is sold, assigned, or otherwise conveyed, Lessee agrees that Lessor's purchaser, assignee or transferee, as the case may be ("Assignee") shall (a) have the same rights, powers and privileges that Lessor has under the applicable Lease, (b) have the right to receive from Lessee all amounts due under the applicable Lease; and (c) not be required to perform any obligations of Lessor, other than those that are expressly assumed in writing by such Assignee. Lessee agrees to execute such acknowledgements to such assignment as may be reasonably requested by Lessor or the Assignee. Lessee further agrees that, in any action brought by such Assignee against Lessee to enforce Lessor's rights hereunder, Lessee will not assert against such Assignee any set-off, defense or counterclaim that Lessee may have against Lessor or any other person. Unless otherwise specified by Lessor and the Assignee, Lessee shall continue to pay all amounts due under the applicable Lease to Lessor; provided, however, that upon notification from Lessor and the Assignee, Lessee covenants to pay all amounts due under the applicable Lease to such Assignee when due and as. directed in such notice. Lessee further agrees that any Assignee may further sell, assign, grant a security interest In or otherwise convey its rights and interests under the applicable Lease with the same force and effect as the assignment described herein. Lessee may not assign, transfer, sell, sublease, pledge or otherwise dispose of this Master Agreement, any Lease, any Equipment or any interest therein. Lessee shall acknowledge each such assignment in writing if so requested and keep a complete and accurate record of all such assignments in a manner that complies with Section 149 of the Code, and regulations promulgated thereunder.

27. FURTHER ASSURANCES. Lessee agrees to promptly execute and deliver to Lessor such further documents and take such further action as Lessor may require in order to more effectively carry out the intent and purpose of this Master Agreement and any Schedule. Without limiting the generality of the foregoing, Lessee agrees (a) to furnish to Lessor from time to time, its certified financial 6of13

statements, officer's certificates and appropriate resolutions, opinions of counsel and such other information and documents as Lessor may reasonably request, and (b) to execute and timely deliver to Lessor such documents that Lessor deems necessary to perfect or protect Lessor's security interest in the Collateral or to evidence Lessor's interest in the Equipment. It is also agreed that Lessor or Lessor's agent may file as a financing statement, any lease document (or copy thereof, where permitted by law) or other financing statement that Lessor deems appropriate to perfect or protect Lessor's security interest in the Collateral or to evidence Lessor's interest in the Equipment. Upon demand, Lessee will promptly reimburse Lessor for any filing or recordation fees or expenses (including legal fees and costs) incurred by Lessor in perfecting or protecting its interests in any Collateral. Lessee represents and warrants that Lessee's name as set forth in the signature block below is Lessee's full and accurate legal name and that the information set forth on the first page hereof regarding its organization number, tax identification number and location is true and correct as of the date hereof.

Lessee further agrees to provide Lessor advance written notice of any change in the foregoing. Notwithstanding the foregoing, so long as no Lessee Default has occurred, Lessor shall be responsible for any filing or recordation fees or expenses Incurred in perfecting or registering Lessor's interests in the Equipment (including any costs or fees to record the initial financing statements upon execution of this Master Agreement or any applicable Schedule, amendment filings relating to coterminous additions to the Equipment and any continuation filings and releases): except that Lessee shall promptly reimburse Lessor for any filing or recordation fees or expenses (including legal fees and costs incurred in perfecting or protecting its interests in the Equipment) to the extent such additional filing or recording is triggered by Lessee's decision to change the tax jurisdiction in which the Equipment is located or by other amendments requested by Lessee.

28. TERM OF MASTER AGREEMENT; SURVIVAL. This Master Agreement shall commence and be effective upon the execution hereof by both parties and shall continue in effect until terminated by either party by 30 days' prior written notice to the other, provided that the effective date of the termination is after all obligations of Lessee arising hereunder and pursuant to any Schedule have been fully satisfied. Notwithstanding the foregoing, all representations, warranties and covenants made by Lessee hereunder shall survive the termination of this Master Agreement and shall remain in full force and effect. All of Lessor's rights, privileges and indemnities under this Master Agreement or any Lease, to the extent they are fairly attributable to events or conditions occurring or existing on or prior to the expiration or termination of such Lease, shall survive such expiration or termination and be enforceable by Lessor and Lessor's successors and assigns.

29. WAIVER OF JURY TRIAL. LESSEE AND LESSOR HEREBY EXPRESSLY WAIVE ANY RIGHT TO DEMAND A JURY TRIAL

WITH RESPECT TO ANY ACTION OR PROCEEDING INSTITUTED BY LESSOR OR LESSEE IN CONNECTION WITH THIS MASTER AGREEMENT OR ANY FUNDAMENTAL AGREEMENT.

30. NOTICES. All notices, requests, demands, waivers and other communications required or permitted to be given under this Master Agreement or any other Fundamental Agreement shall be in writing and shall be deemed to have been received upon receipt if delivered personally, by electronic mail, or by a nationally recognized overnight courier service, or by confirmed facsimile transmission, or 3 days after deposit in the United States mail, certified, postage prepaid with return receipt requested, addressed as follows (or such other address, a -mail, or fax number as either party shall so notify the other):

If to Lessor: If to Lessee:

Hewlett-Packard Financial Services Company
200 Connell Drive, Suite 5000
Berkeley Heights, NJ 07922
Attn: Director of Operations North America
E-mail
City of Temecula, California
41000 Main Street
Temecula, CA 92590
Attn:
("Authorized Lessee Representative")
E-mail:

31. MISCELLANEOUS
(a) Governing Law- THIS MASTER AGREEMENT AND EACH LEASE SHALL BE GOVERNED BY THE INTERNAL LAWS (AS OPPOSED TO CONFLICTS OF LAW PROVISIONS) OF THE STATE OF EQUIPMENT LOCATION. (b) Credit Review. Lessee consents to a reasonable credit review by Lessor for each Lease. (c) Captions and References. The captions contained in this Master Agreement and any Schedule are for convenience only and shall not affect the interpretation of this Master Agreement or any Lease_ Al I references in this Master Agreement to Sections and Exhibits refer to Sections hereof and Exhibits hereto unless otherwise indicated- (d) Entire Agreement; Amendments. This Master Agreement and all other Fundamental Agreements executed by both Lessor and Lessee constitute the entire agreement between Lessor and Lessee relating to the leasing of the Equipment, and supersede all prior agreements relating thereto, whether written or oral, and may not be amended or modified except in a writing signed by the parties hereto. (e) No Waiver. Any failure of Lessor to require strict performance by Lessee, or any written waiver by Lessor of any provision hereof, shall not constitute consent or waiver of any other breach of the same or any other provision hereof. (f) Lessor Affiliates. Lessee understands and agrees that Hewlett-Packard Financial Services Company or any affiliate or subsidiary thereof may, as lessor, execute Schedules under this Master Agreement, in which event the terms and conditions of the applicable Schedule and this Master Agreement as it relates to the lessor under such Schedule shall be binding upon and shall inure to the benefit of such entity executing such Schedule as lessor, as well as any successors or assigns of such entity. Lessee agrees that Lessor may disclose any information provided by Lessee to Lessor or created by Lessor in the course of administering the Material Agreements to any parent or affiliate of Lessor.
(g) Invalidity. If any provision of this Master Agreement or any Schedule shall be prohibited by or invalid under law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Master Agreement or such Schedule.
(h) Counterparts. This Master Agreement may be executed in counterparts, which collectively shall constitute one document. 7of13

(i) Lessor Reliance. Lessor may act in reliance upon any instruction, instrument or signature reasonably believed by Lessor in good faith to be genuine. Lessor may assume that any employee of Lessee who executes any document or gives any written notice, request or instruction has the authority to do so.

Q) Electronic Signature. Lessor and Lessee agree that: (i) this Lease and any other related agreement 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 to Lessor; (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, then 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.

32. DEFINITIONS. All capitalized terms used in this Master Agreement have the meanings set forth below or in the Sections of this Master Agreement referred to below:
"Acceptance Certificate" means an Acceptance Certificate in substantially the form of Exhibit B, executed by Lessee and delivered to Lessor in accordance with Section 3.
"Acceptance Date" means, as to any Lease, the date Lessee shall have accepted the Equipment subject to such Lease in accordance with Section 3.
"Assignee" means any assignee of all or any portion of Lessor's interest in this Master Agreement, any Schedule or any Equipment, whether such assignee received the assignment of such interest from Lessor or a previous assignee of such interest. "Authorized Lessee Representative" has the meaning specified in Section 30. "Casualty Loss" means, with respect to any Equipment, the condemnation, taking, loss, destruction, theft or damage beyond repair of such Equipment.
"Casualty Value" means, as to any Equipment, an amount determined as of the date of the Casualty Loss or Lessee Default in question ("Calculation Date") pursuant to a "Table of Casualty Values" attached to the applicable Schedule or, if no "Table of Casualty Values" is attached to the applicable Schedule, an amount equal to the sum of (a) the present value (as of the Calculation Date and discounted at the Discount Rate compounded monthly) of all Rent payments payable after the Calculation Date through the scheduled date of expiration of the Then Applicable Term, plus (b) an amount determined by multiplying the applicable casualty percentage specified below by the Total Cost of such Equipment. The "Discount Rate" shall mean a rate equal to the 2 year Inter -bank swap rate quoted by Bloomberg L. P. (or, where not available, such other 2 year inter -bank swap rate quoted by a commercially available publication reasonably designated by us) at the Acceptance Date of the applicable Lease. The applicable casualty percentage will be 50% for Equipment having an Initial Term of less than 24 months; 40% for Equipment having an Initial Term of 24 months or greater, but less than 36 months; 30% for Equipment having an Initial Term of 36 months or greater, but less than 48 months; and 25% for Equipment having an Initial Term of 48 months or greater.
"Claims" means all claims, actions, suits, proceedings, costs, expenses (including, without limitation, court costs, witness fees and attorneys' fees), damages, obligations, judgments, orders, penalties, fines, injuries, liabilities and losses, including, without limitation, actions based on Lessor's strict liability in tort.
"Code" means the Internal Revenue Code of 1986, as amended. "Collateral" has the meaning specified in Section 13.
"Concluding Payments" means the list of concluding payments on the attachment to the applicable Schedule. "Daily Rent" means, as to any Lease, an amount equal to the per diem Rent payable under the applicable Schedule (calculated on the basis of a 360 day year and 30 day months).
"Equipment" has the meaning specified in Section 1.
"Equipment Location" means, as to any Equipment, the address at which such Equipment is located from time to time, as originally specified in the applicable Schedule and as subsequently specified in a notice delivered to Lessor pursuant to Section 12, if applicable. "Fair Market Value" means the total price that would be paid for any specified Equipment in an arm's length transaction between an informed and willing buyer (other than a used equipment dealer) under no compulsion to buy and an informed and willing seller under no compulsion to sell. Such total price shall not be reduced by the costs of removing such Equipment from its current location or moving it to a new location.
"Final Invoice Amount" has the meaning set forth in Section 2(c). "First Payment Date" means, as to any Lease, the date the first Rent payment with respect to such Lease is due, as determined pursuant to the terms of the applicable Schedule.
"Fiscal Period" shall mean the fiscal year of Lessee, as it may be more particularly described in a Schedule. "Fundamental Agreements" means, collectively, this Master Agreement, each Schedule and Acceptance Certificate and all other related instruments and documents.
"Hardware" means items of tangible equipment and other property. "Lease" has the meaning specified in Section 2(a).
"Lessee" has the meaning specified in the preamble hereof. "Lessee Default" has the meaning specified in Section 22. "Lessor" has the meaning specified in the preamble hereof. "License Agreement" means any license agreement or other document granting the purchaser the right to use Software or any technical information, confidential business information or other documentation relating to Hardware or Software, as amended, modified or supplemented by any other agreement between the licensor and Lessor. "Master Agreement" has the meaning specified in the preamble hereof. "Material Agreements" means, collectively, all Fundamental Agreements, all other material agreements by and between Lessor and Lessee, and any application for credit, financial statement, or financial data required to be provided by Lessee in connection with any Lease.
"Mobile PC Equipment" has the meaning specified in Section 12 hereof. "Non -Appropriation" has the meaning specified in Section 7. "Optional Additions" has the meaning specified in Section 11 8of13

"PC Equipment" means, collectively, personal computers (e.g., workstations, desktops and notebooks) and related items of peripheral equipment (e.g., monitors, printers and docking stations). "Purchase Documents" means, as to any Equipment, any purchase order, contract, bill of sale, License Agreement, invoice and/or other documents that Lessee has, at any time, approved, agreed to be bound by or entered into with any Supplier of such Equipment relating to the purchase, ownership, use or warranty of such Equipment. "Rent" has the meaning specified in Section 4.
"Schedule" means, unless the context shall otherwise require a Schedule executed by Lessor and Lessee pursuant to Section 2(a). "Seller" means, as to any Equipment, the seller of such Equipment as specified in the applicable Schedule. "Software" means copies of computer software programs owned or licensed by Lessor. and any disks, CDs, or other media on which such programs are stored or written.
"State" means any of the states of the United States, its territories and possessions. "Stipulated Loss Value" means, as to any Equipment, an amount equal to the sum of (a) all Rent (including the Daily Rent from the Rent payment date immediately preceding the date of the Casualty Loss or Lessee Default to the date of the Casualty Loss or Lessee Default) and other amounts due and owing with respect to such Equipment as of the date of payment of such amount, plus (b) the Casualty Value of such Equipment.
"Substitute Equipment" means, as to any item of Hardware or Software subject to a Lease, a substantially equivalent or better item of Hardware or Software having equal or greater capabilities and equal or greater Fair Market Value manufactured or licensed by the same manufacturer or licensor as such item of Hardware or Software subject to a Lease. The determination of whether any item of Equipment is substantially equivalent or better than an item of Equipment subject to a Lease shall be based on all relevant facts and circumstances, but shall minimally require, in the case of a computer, that each of processor, hard-drlve, random access memory and CD ROM drive, if applicable, be equivalent or better.
"Supplier" means as to any Equipment, the Seller and the manufacturer or licensor of such Equipment collectively, or where the context requires, any of them.
"System Software" means an item of Software that is pre -loaded on an item of Hardware purchased by Lessor for lease hereunder for which the relevant Purchase Documents specify no purchase price separate from the aggregate purchase price specified for such items of Hardware and Software.
"Taxes" means all license and registration fees and all taxes (local, state and federal), fees, levies, imposts, duties, assessments, charges and withholding of any nature whatsoever, however designated (including, without limitation, any value added, transfer, sales, use, gross receipts, business, occupation, excise, personal property, real property, stamp or other taxes) other than taxes measured by Lessor's income.
"Term" means the term thereof as specified in the related Schedule. "Total Cost" means as to any Lease, the total acquisition cost to Lessor of the Equipment subject to such Lease as set forth in the applicable Purchase Documents, including related delivery, installation, taxes and other charges which Lessor has agreed to pay and treat as a portion of such acquisition cost, if any.
"UCC" means the Uniform Commercial Code as enacted and in effect in any applicable jurisdiction. "Unit of Equipment" means, as to the Equipment leased pursuant to any Schedule (a) each individual item of PC Equipment leased pursuant to such Schedule, and (b) all Equipment taken as a whole; leased pursuant to such Schedule other than PC Equipment taken as a whole.

IN WITNESS WHEREOF, LESSEE AND LESSOR HAVE EXECUTED THIS MASTER AGREEMENT ON THE DATES SPECIFIED BELOW. THIS MASTER AGREEMENT SHALL NOT BE EFFECTIVE UNTIL EXECUTED BY BOTH LESSEE AND LESSOR.

LESSEE:

CITY OF TEMECULA, CALIFORNIA
By
Name and Title
Date
LESSOR:

HEWLETT-PACKARD FINANCIAL SERVICES COMPAW
By:

MOE
Name and Title r
Date
Z Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York. 9of13

Master Agreement Number 1000608455 11072023
Schedule Number 10006084551107202301
COUNTERPART NO. OF . TO THE EXTENT THAT THIS SCHEDULE CONSTITUTES CHATTEL PAPER (AS

DEFINED ON THE UCC), NO SECURITY INTEREST IN THIS SCHEDULE MAY BE CREATED THROUGH THE TRANSFER OR POSSESSION OF ANY COUNTERPART OTHER THAN COUNTERPART NO. 1.

STATE AND LOCAL GOVERNMENT MASTER LEASE PURCHASE AGREEMENT

SCHEDULE
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 identified by the Master Agreement Number specified above (the "Master Agreement"). This Schedule (which shall be identified by the Schedule Number specified above) and the Master Agreement together comprise a separate Lease between the parties. The terms and conditions of the Master Agreement are hereby incorporated by reference into this Schedule. All capitalized terms used in this Schedule without definition have the meanings ascribed to them in the Master Agreement. 1- LEASE.

A. Descri tion of Items of Leased Equilpment Total Cost See attached Quotes HLXQ5782-03 & HLXQ5781-08 $2,168,500.00 B. Term: 60 Months.
2 RENT. See Attachment A. ANNUAL RATE OF INTEREST 6.39% 3 LATEST COMMENCEMENT DATE: January 31, 2024 Lessor's obligation to purchase and lease the Equipment is subject to the Acceptance Date being on or before the Latest Commencement Date.
4 EQUIPMENT LOCATION: 41000 Main Street, Temecula, CA 92590

5. SELLER: HelixStorm
6 APPROPRIATIONS: Monies for all Rent and other payments due under the Lease for the Fiscal Period ending are available from Lessee's appropriated funds for such Fiscal Period and that appropriations and/or other funds have been encumbered or designated for the payment of all Rent and other payments that shall become due under the Lease in such Fiscal Period. 7 NON -ASSIGNABILITY BY LESSOR: Notwithstanding any other terms or conditions set forth in the Master Agreement to the contrary, Lessor hereby agrees that it shall not and will not sell, discount, factor, hypothecate or otherwise dispose of its interest in the Equipment or this Schedule or any Lease.
8 ADDITIONAL PROVISIONS: None
9 FISCAL PERI
LESSOR AGREES TO LEASE TO LESSEE AND LESSEE AGREES TO LEASE FROM LESSOR THE EQUIPMENT DESCRIBED IN SECTION 1.A ABOVE. SUCH LEASE WILL BE GOVERNED BY THE MASTER AGREEMENT AND THIS SCHEDULE, INCLUDING THE IMPORTANT ADDITIONAL TERMS AND CONDITIONS SET FORTH ABOVE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THIS SCHEDULE AND THE MASTER AGREEMENT, THE TERMS OF THIS SCHEDULE SHALL GOVERN. 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, CORRECTAND COMPLETE. REPRESENTATIONS AND WARRANTIES MADE BY LESSEE IN THE MASTER AGREEMENT ARE TRUE, CORRECT AND COMPLETE. UNTIL AND UNLESS LESSEE EXECUTES THIS SCHEDULE IN COMPLIANCE WITH THE TERMS

HEREOF, LESSOR'S SIGNATURE HEREON SHALL OPERATE ONLY AS AN OFFER TO LESSEE TO MAKE AN OFFER TO LEASE PURSUANT TO THE TERMS HEREOF. UPON EXECUTION BY LESSEE, AND PROVIDED LESSEE IS IN COMPLIANCE WITH THE TERMS HEREOF, THIS SCHEDULE SHALL BE BINDING ON BOTH PARTIES HERETO.

LESSEE:

CITY OF TEMECULA, CALIFORNIA
By
Name and Title
Date
LESSOR:

HEWLETT-PACKARD FINANCIAL S - VICES COMPANY2
By:
r' t cO,
Name and Title
�I IglZo2 :s
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 10 ends

Temecula City CouncilNovember 28, 2023

Temecula City Council
November 28, 2023