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
DECEMBER 12, 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
CITY MANAGER ANNUAL PERFORMANCE EVALUATION. The City Council will meet in closed session pursuant to Government Code Sections 54957 and 54957.6 to evaluate the performance of the City Manager and establish goals and performance objectives for the next year as required by the City Manager's Employment Agreement.
CALL TO ORDER: Mayor Zak Schwank
INVOCATION: Buck Longmore, Retired Firefighter
FLAG SALUTE: Mayor Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
PRESENTATIONS
Certificate of Recognition for Captain Matt Hayes Upon Retirement
BOARD / COMMISSION REPORTS
Community Services Commission and Traffic Safety Commission
PUBLIC SAFETY REPORT
County of Riverside, Fire Department (CAL FIRE)
PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the City Council on matters not
City Council Agenda December 12, 2023
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. Approve Action Minutes of November 28, 2023
Recommendation: That the City Council approve the action minutes of November 28, 2023.
Attachments
Action Minutes
3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
City Council Agenda December 12, 2023
4. 5.
Attachments:
Agenda Report
Resolution
List of Demands
Approve Financial Statements for the 4th Quarter Ended June 30, 2023 Recommendation: That the City Council:
1. Receive and file the financial statements for the 4th quarter ended June 30, 2023; and
2. Approve the following Fiscal Year 2022-23 Budget Adjustments:
a. Increase the Operating Transfers In revenue account
(001.199.000.4090) by $5,324 to reflect a higher transfer than anticipated from the Supplemental Law Enforcement Grant Fund ($5,264) and from the Gas Tax Fund ($60).
b. Increase the Operating Transfer Out operating account (100. 164.999.590 1) by $60 to reflect a higher transfer than anticipated to the General Fund.
c. Increase the Operating Transfer Out operating account (160.199.999.5901) by $5,264 to reflect a higher transfer than anticipated to the General Fund.
d. Increase the Workers' Compensation Claims operating account (305.199.999.5206) by $65,300 to reflect higher than anticipated claims expense.
e. Increase the Support Services Replacement Fund Depreciation account (335.199.999.5360) by $34,000 to cover the costs of depreciating assets within this Fund; and
3. Appropriate the following Fiscal Year 2023-24 Expenditures:
a. Appropriate $2,000,000 of the year-end General Fund surplus to the Pension Trust (PARS), in accordance with Budget Policy XII in Fiscal Year 2022-23.
b. Remit a $2 million Additional Discretionary Payment (ADP) towards the Ca1PERS Pension Unfunded Liability from surplus General Fund Balance.
c. Transfer $1,230,474 in surplus General Fund Balance into the CERBT Other Post -Employment Benefits Trust to pay down the unfunded liability.
Attachments: Agenda Report
Citv Fund Summaries
Adopt Ordinance No. 2023-13 Amending Title 5 and 17 of the Temecula Municipal Code Making Various Technical Revisions (Second Reading)
Recommendation: That the City Council adopt an ordinance entitled:
City Council Agenda December 12, 2023
6. 7.
ORDINANCE NO.2023-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLES 5 AND 17 OF THE TEMECULA
MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE
ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME
OCCUPATION PERMITS, AND TEMPORARY USE PERMIT
REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING
CONTAINER STANDARDS, CLARIFY THE PERMITTED USES
ALLOWED IN THE OPEN SPACE -CONSERVATION DISTRICT,
MODIFY THE DEFINITION OF SPECIALTY MARKET AND
RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE
CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A
FINDING OF EXEMPTION UNDER CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION
15061 (B)(3)
Attachments: Agenda Report
(lydinnnrP
Award Construction Contract to Beador Construction Company, Inc. for the I-15 Congestion Relief Project, PW 19-02
Recommendation: That the City Council:
1. Award a construction contract to Beador Construction Company, Inc., in the amount of $4,364,300, for the I-15 Congestion Relief Project, PW 19-02; and
2. Authorize the City Manager to approve contract change orders up to 10% of the contract amount, $436,430; and
3. Make a finding that the I-15 Congestion Relief project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.
Attachments: Agenda Report
Cnntrnot
Project CIP Budget Sheet
Approve Withdrawal of Bid by Leonida Builders, Inc., Reject All Other Bids, and Authorize Project to be Rebid for Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW 19-04 Recommendation
That the City Council:
1. Approve the Withdrawal of Bid by Leonida Builders, Inc. for the Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW 19-04; and
City Council Agenda December 12, 2023
8. 2. Reject all construction bids received for the Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW 19-04; and
3. Authorize the Department of Public Works to re -advertise the Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW 19-04 for construction bids.
Attachments: Agenda Report
Bid Withdrawal - Leonida Builders, Inc.
CIP Budget Sheet
Project Location
Approve Increase to Construction Contingency Authorization for the Community Recreation Center Renovations - Phase 1, PW 19-07
Recommendation
Attachments:
That the City Council:
1. Approve an increase to the contingency for construction of the Community Recreation Center Renovations - Phase 1, PW19-07 by $70,000; and
2. Increase the City Manager Authority to approve construction contract change orders by $70,000.
Agenda Report
Project Description
Project Location
9. Accept Improvements and File the Notice of Completion for Traffic Signal - Promenade Mall Ring Road, PW21-15
Recommendation: That the City Council:
1. Accept the Improvements for Traffic Signal - Promenade Mall Ring Road, PW21-15, as complete; and
2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and
3. Release the Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed.
City Council
Agenda December 12, 2023
Attachments: Agenda Report
Notice of Completion
Maintenance Bond
Contractor's Affidavit & Final Release
10. Approve Cost Participation Agreement Between the City of Temecula and Wingsweep Corporation and Woodside 05S for Public Improvements Related to the Sommers Bend Project Recommendation: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A COST PARTICIPATION AGREEMENT
BETWEEN CITY OF TEMECULA AND WINGSWEEP
CORPORATION AND WOODSIDE 05S, LP FOR PUBLIC
IMPROVEMENTS RELATED TO THE SOMMERS BEND PROJECT
2. Authorize the City Manager to sign the Cost Participation Agreement between the City of Temecula and Wingsweep Corporation and Woodside 05S, LP on behalf of the City of Temecula.
Attachments: Agenda Report
Resolution
Agreement
Agreement Exhibits
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE
TEMECULA PUBLIC FINANCING AUTHORITY
City Council Agenda December 12, 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.
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.
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.
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.
11. Approve Action Minutes of November 28, 2023
Recommendation: That the Board of Directors approve the action minutes of November 28, 2023.
Attachments: Action Minutes
12. Approve Financial Statements for the 4th Quarter Ended June 30, 2023 Recommendation: That the Board of Directors:
1. Receive and file the financial statements for the 4th quarter ended June 30, 2023; and
2. Approve the following Fiscal Year 2022-23 Budget Adjustment:
a. Increase the TCSD Service Level "L" - Lake Park Maintenance Fund Utilities operating account (196.180.999.5240) by $5,100 to cover the higher than anticipated utilities cost.
City Council
Agenda December 12, 2023
Attachments: Agenda Report
TCSD Fund Summaries
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, January 9, 2024, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.
City Council Agenda December 12, 2023
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY
CALL TO ORDER: Chair Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
SARDA 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.
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.
SARDA 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 Successor Agency to the Redevelopment Agency 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. 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.
13. Approve Financial Statements for the 4th Quarter Ended June 30, 2023 Recommendation: That the Board of Directors receive and file the financial statements for the 4th quarter ended June 30, 2023.
Attachments: Agenda Report
SARDA Fund Summaries
14. Approve Recognized Obligation Payment Schedule and Administrative Budget for the Period of July 1, 2024 Through June 30, 2025 (ROPS 24-25)
Recommendation: That the Board of Directors adopt resolutions entitled:
RESOLUTION NO. SARDA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT
AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT
City Council
Agenda December 12, 2023
SCHEDULE FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE
30, 2025 PURSUANT TO HEALTH AND SAFETY CODE SECTION
34177 AND TAKING CERTAIN ACTIONS IN CONNECTION
THEREWITH
RESOLUTION NO. SARDA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT
AGENCY APPROVING THE PROPOSED ADMINISTRATIVE
BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION
34177 AND TAKING CERTAIN ACTIONS IN CONNECTION
THEREWITH
Attachments: Agenda Report
Resolution - ROPS
Exhibit A - ROPS
Resolution - Administrative Budget
Exhibit A - Administrative Budget
SARDA EXECUTIVE DIRECTOR REPORT
SARDA BOARD OF DIRECTOR REPORTS
SARDA ADJOURNMENT
The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, January 9, 2024, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.
City Council Agenda December 12, 2023
TEMECULA HOUSING AUTHORITY - NO MEETING
JOINT MEETING - TEMECULA PUBLIC FINANCING AUTHORITY/CITY COUNCIL CALL TO ORDER: Chair Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
TPFA/COUNCIL PUBLIC COMMENT
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. 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.
TPFA/COUNCIL CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Temecula Public Financing Authority request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. 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.
15. Approve Deposit/Reimbursement Agreement and Initiate Community Facilities District Formation Proceedings Related to the Prado Development
Recommendation: That the City Council/Board of Directors adopt resolutions entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT
AGREEMENT - PRADO
RESOLUTION NO. TPFA
City Council
Agenda December 12, 2023
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE
FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND
AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT
THERETO -PRADO
Attachments: Agenda Report
City - Resolution
TPFA - Resolution
Petition of the Developer
Deposit/Reimbursement Agreement
TPFA/COUNCIL EXECUTIVE DIRECTOR REPORT
TPFA/COUNCIL BOARD OF DIRECTOR REPORTS
TPFA/COUNCIL ADJOURNMENT
The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, January 9, 2024, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.
City Council Agenda December 12, 2023
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of a project at the time of the hearing. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be 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.
16. Introduce Ordinance Amending Title 16 and 17 of the Temecula Municipal Code to Implement the Requirements of Senate Bill 9
Recommendation: That the City Council introduce and read by title only an ordinance entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA
MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF
SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE
PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE
SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3)
City Council Agenda December 12, 2023
Attachments: Agenda Report
(lydinnncP
PC Resolution No 2023-22
Notice of Public Hearing
Notice of Exemption
Senate Bill 9
Interim UrLyencv Ordinance No. 2022-03.2022-05 and 2023-01 CC S139 Alleviation Report
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.
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.
17. Approve Five -Year Agreement for License Plate Recognition with Flock Group, Inc.
Recommendation: That the City Council:
1. Approve 80 cameras citywide, annual hardware, and software subscription for five (5) years for a locked in rate of $200,000 per year, for a total of $1,000,000; and
2. Authorize the City Manager to approve contract change orders up to 10% of the total contract, in an amount not to exceed $100,000; and
3. Appropriate $35,000 to supplement the Fiscal Year 2023-24 Police Department Software and Maintenance budget to accommodate the purchase of the additional cameras.
Attachments: Agenda Report
Agreement
18. Adopt Resolution Reconstituting the Old Town Local Review Board by Establishing the Old Town Local Advisory Committee
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RECONSTITUTING THE OLD TOWN LOCAL REVIEW
City Council Agenda December 12, 2023
BOARD BY ESTABLISHING THE OLD TOWN LOCAL ADVISORY
COMMITTEE
Attachments: Agenda Report
Resolution
JOINT MEETING - CITY COUNCIL AND COMMUNITY SERVICES DISTRICT
19. Appoint the Mayor, Mayor Pro Tempore, President and Vice President for Calendar Year 2024 Recommendation: That the City Council/Board of Directors:
1. Appoint the Mayor and Mayor Pro Tempore, effective January 1, 2024, to serve in this capacity until December 31, 2024; and
2. Appoint the President and Vice President, effective January 1, 2024 to serve in this capacity until December 31, 2024.
Attachments: Agenda 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 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, January 9, 2024, 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.
101311lei Do11111Y.1Doa".11014
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 Council
Agenda December 12, 2023
City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444.
Item No. 1
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 12, 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 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 convened 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 at 6:00 PM: Mayor Zak Schwank
INVOCATION: Antonio Madrigal of The Eschatologist
FLAG SALUTE: Terry Gilmore
ROLL CALL: Alexander, Brown (virtual), 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
PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
0 Laurel Lamont 0 Melissa Bourbannais
PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) addressed the City Council:
• Adam Eventov (Item #10)
• Terry Gilmore (Item #15)
• Kelly Aven (Item #15)
• Bob Brown (Item #15)
• John Meyer (Item #15)
CITY COUNCIL REPORTS
CONSENT CALENDAR
• Kim Wilder (Item #15)
• Phyllis Ruse (Item #15)
• Ginger Safstrom (Item #15)
• Gary Oddi (Item #16 and 417)
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 November 14, 2023
Recommendation:
That the City Council approve the action minutes of November 14, 2023.
3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2023-87
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. 2023-11 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,
2 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
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
6. Approve City Council Meeting Schedule for December 2023 Recommendation: That the City Council approve the cancellation of the December 26, 2023 meeting.
3 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. 2023-88
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
8. Approve Grant of Public Utility Easement and Temporary Construction Easement on Property Owned by Lone 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. 2023-89
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)
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
4 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.
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.
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.
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
3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed.
RECESS:
At 7:07 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:12 PM the City Council resumed with the remainder of the City Council Agenda.
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
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:
ORDINANCE NO. 2023-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLES 5 AND 17 OF THE TEMECULA
MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE
ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME
OCCUPATION PERMITS, AND TEMPORARY USE PERMIT
REGULATIONS, ESTABLISH BATTERY STORAGE AND
SHIPPING CONTAINER STANDARDS, CLARIFY THE
PERMITTED USES ALLOWED IN THE OPEN
SPACE - CONSERVATION DISTRICT, MODIFY THE DEFINITION
OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION
FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL
REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES SECTION 15061 (13)(3)
Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval.
BUSINESS
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.
Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval.
16. Adopt Complete Streets Program Policy
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2023-90
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
FINDING OF EXEMPTION UNDER THE CALIFORNIA
6 ENVIRONMENTAL QUALITY ACT (LONG RANGE PROJECT NO.
LR23-0043)
Approved the Staff Recommendation (5-0): Motion by Alexander, Second by Kalfus. The vote reflected unanimous approval.
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.
Approved the Staff Recommendation (5-0): Motion by Alexander, Second by Kalfus. The vote reflected unanimous approval.
DEPARTMENTAL REPORTS (RECEIVE AND FILE)
18. Community Development Department Monthly Report
19. Fire Department Monthly Report
20. Police Department Monthly Report
21. Public Works Department Monthly Report
ITEMS FOR FUTURE CITY COUNCIL AGENDAS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
The City Attorney announced that in closed session the City Council, by a vote of 5-0, approved a settlement with Argonaut Insurance Company, the surety on the Temecula Parkway Park and Ride Project, in the amount of $136,840 for the benefit of the City. No other actions to report.
ADJOURNMENT
At 7:45 PM, the City Council meeting was formally adjourned to Tuesday, December 12, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
FW
Adjourned in Memory of
Retired Community Service Officer II Lynn Fanene
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: December 12, 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 $3,250,176.95.
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 12th day of December, 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 12th day of December, 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
11/13/2023 - 11/24/2023 TOTAL CHECK RUN:
11/22/2023 TOTAL PAYROLL RUN:
2,500,419.13
749,757.82
TOTAL LIST OF DEMANDS FOR 12/12/2023 COUNCIL MEETING: g 3,250,176.95
Check#
Check Date
Vendor#
Vendor
Invoice#
Description
Invoice Net
300887
11/16/2023
1288
2 HOT UNIFORMS INC
5913
UNIFORMS: TCC: FIRE
$332.21
300887
11/16/2023
1288
2 HOT UNIFORMS INC
5189
UNIFORMS: TCC: FIRE
$435.00
300887
11/16/2023
1288
2 HOT UNIFORMS INC
5909
UNIFORMS: TCC: FIRE
$143.01
300954
11/21/2023
1772
ADAME LANDSCAPE INC
525198
PARKING GARAGE SWEEPING/GLEANING: PW
$540.00
300888
11/16/2023
1206
AFLAC PREMIUM HOLDING
Ben349799
AFLAC ACCIDENT INDEMNITY PAYMENT
$3,063.79
300890
11/16/2023
1236
ALL AMERICAN ASPHALT
204211
RETENTION RELEASE: MEADOWVIEW/PALOMA DEL SOL
$240,379.15
300889
11/16/2023
1236
ALL AMERICAN ASPHALT
1161250
ASPHALT SUPPLIES: STREET MAINT: PW
$638.66
300889
11/16/2023
1236
ALL AMERICAN ASPHALT
1162814
ASPHALT SUPPLIES: STREET MAINT: PW
$233.93
300889
11/16/2023
1236
ALL AMERICAN ASPHALT
1162913
ASPHALT SUPPLIES, PW STREET MAINTENANCE
$426.71
300889
11/16/2023
1236
ALL AMERICAN ASPHALT
1161251
ASPHALT SUPPLIES: STREET MAINT: PW
$637.65
300889
11/16/2023
1236
ALL AMERICAN ASPHALT
1162337
ASPHALT SUPPLIES: STREET MAINT: PW
$528.65
300889
11/16/2023
1236
ALL AMERICAN ASPHALT
1163289
ASPHALT SUPPLIES: STREET MAINTENANCE: PW
$238.98
300889
11/16/2023
1236
ALL AMERICAN ASPHALT
1163954
ASPHALT SUPPLIES: STREET MAINTENANCE: PW
$249.98
300889
11/16/2023
1236
ALL AMERICAN ASPHALT
1163955
ASPHALT SUPPLIES: STREET MAINTENANCE: PW
$478.53
300889
11/16/2023
1236
ALL AMERICAN ASPHALT
1164082
ASPHALT SUPPLIES: STREET MAINTENANCE: PW
$450.24
600871
11/22/2023
1512
ALLEGRO MUSICAL VENTURES INC
27109
PIANO SVCS:THEATER:TCSD
$280.00
300891
11/16/2023
3180
ALTA PLANNING AND DESIGN INC
304.0002023.108 - 4
BIKE AND TRAIL WAYFINDING (LR23-0167)
$10,322.50
600804
11/16/2023
1418
AMAZON.COM, INC
1FFK-R6CF-WTWN
MISC SUPPLIES: CRC: TCSD
$3,352.18
600804
11/16/2023
1418
AMAZON.COM, INC
1W7C-NC4N-7VNR
SUPPLIES: MPSC & MRC
$1,515.06
600804
11/16/2023
1418
AMAZON.COM, INC
1JYJ-VKLK-96WY
SUPPLIES: SPORTS: TCSD
$407.80
600805
11/16/2023
1418
AMAZON.COM, INC
1N9K-1JLR-4RM1
SMALL TOOLS/EQUIPMENT: PW - LAND DEV
$152.31
600804
11/16/2023
1418
AMAZON.COM, INC
1G6C-YNFT-3N66
SUPPLIES: LIBRARY
$159.22
600804
11/16/2023
1418
AMAZON.COM, INC
1JTY-MLWD-7KWK
SUPPLIES: TVM
$279.10
600804
11/16/2023
1418
AMAZON.COM, INC
1KV1-6VRQ-4CFG
MISC HARDWARE SUPPLIES: TVM
($678.24)
600805
11/16/2023
1418
AMAZON.COM, INC
11KJ-1WY1-64VN
MISC SUPPLIES: INFO TECH
$77.86
600804
11/16/2023
1418
AMAZON.COM, INC
1PML-MNL4-76RL
SUPPLIES: POLICE
$679.46
600804
11/16/2023
1418
AMAZON.COM, INC
11LF-7M1M-D4JJ
MISC SUPPLIES: WORKFORCE DEV
$315.65
600804
11/16/2023
1418
AMAZON.COM, INC
SMF6-1C9Q-6CHX
MISC SUPPLIES: NM: TCSD
$355.04
600804
11/16/2023
1418
AMAZON.COM, INC
16PH-174K-7N7Y
OFC SUPPLIES: HR
$235.76
600872
11/22/2023
1418
AMAZON.COM, INC
196V-J3G9-7PF6a
ENGINE WASHING AND DETAILSUPPLIES : FIRE STATIONS
$533.00
600872
11/22/2023
1418
AMAZON.COM, INC
196V-13G9-7PF6b
SMALLTOOLS & EQUIPMENT: FIRE
$810.00
600872
11/22/2023
1418
AMAZON.COM, INC
1JNL-6JFL-7QD7
MISC SUPPLIES: COMM DEV
$40.11
600872
11/22/2023
1418
AMAZON.COM, INC
1N9K-1JLR-6H69
MISC SUPPLIES: PW
$476.96
600872
11/22/2023
1418
AMAZON.COM, INC
1LCX-YFIK-1PD1
MISC OFC SUPPLIES: CITY CLERK
$130.18
600872
11/22/2023
1418
AMAZON.COM, INC
1MGK-NJQ4-9YQ3
MISC. SUPPLIES: TCSD: HOMELESS OUTREACH
$877.71
600872
11/22/2023
1418
AMAZON.COM, INC
1TQP-MLM4-4KFQ
MISC SUPPLIES: CITY MGR
$156.60
600872
11/22/2023
1418
AMAZON.COM, INC
1QXR-WWMR-1TXG
MISC SUPPLIES: MPSC: TCSD
$868.57
600806
11/16/2023
1261
AMERICAN FORENSIC NURSES AFN
78247
DEC STAND BY FEE:POLICE
$1,485.90
600806
11/16/2023
1261
AMERICAN FORENSIC NURSES AFN
78273
DRUG ALCOHOL ANALYSIS: PD
$64.86
600807
11/16/2023
1080
AMERICAN RED CROSS
22632447
STAFF CERTIFICATIONS:TCSD
$632.00
300892
11/16/2023
1000
APPLEONE INC
S9661040
TEMPORARY STAFFING SVCS: FINANCE
$5,217.52
600808
11/16/2023
1805
AQUA CHILL OF SAN DIEGO
20074978
DRINKING WATER SYSTEM MAINT: TVM
$28.55
600808
11/16/2023
1805
AQUA CHILL OF SAN DIEGO
20074979
DRINKING WATER SYSTEM MAINT: MPSC
$35.89
600808
11/16/2023
1805
AQUA CHILL OF SAN DIEGO
20074980
DRINKING WTR SYS MAINT: MALL PD
$62.53
600873
11/22/2023
1805
AQUA CHILL OF SAN DIEGO
20074974
DRINKING WTR SYS MAINT: HARVESTON PARK
$28.56
600873
11/22/2023
1805
AQUA CHILL OF SAN DIEGO
20074975
DRINKING WTR SYS MAINT: TPL
$28.55
600873
11/22/2023
1805
AQUA CHILL OF SAN DIEGO
20074965
DRINKING WTR SYS MAINT: AULD: POLICE
$62.53
600873
11/22/2023
1805
AQUA CHILL OF SAN DIEGO
20074984
DRINKING WTR SYS MAINT: JRC
$28.55
600873
11/22/2023
1805
AQUA CHILL OF SAN DIEGO
20074926
DRINKING WATER SYSTEM MAINT: CRC AQUATICS
$69.60
600873
11/22/2023
1805
AQUA CHILL OF SAN DIEGO
20074982
DRINKING WTR SYS MAINT: CIVIC CTR
$213.97
600873
11/22/2023
1805
AQUA CHILL OF SAN DIEGO
20074981
DRINKING WTR SYS MAINT: FOC
$28.55
600873
11/22/2023
1805
AQUA CHILL OF SAN DIEGO
20074921
DRINKING WATER SYSTEM MAINT: TCC
$28.55
600873
11/22/2023
1805
AQUA CHILL OF SAN DIEGO
20074976
DRINKING WTR SYS MAINT: THEATER
$28.55
600873
11/22/2023
1805
AQUA CHILL OF SAN DIEGO
20074983
DRINKING WTR SYS MAINT: SPORTS PARK: PW
$69.60
300893
11/16/2023
2777
ARAMARK SERVICES INC
300675
BEVERAGE SERVICES: FACILITIES
($111.00)
300893
11/16/2023
2777
ARAMARK SERVICES INC
7529422
BEVERAGE SERVICES, FACILITIES
$111.00
300893
11/16/2023
2777
ARAMARK SERVICES INC
3591652
BEVERAGE SERVICES, FACILITIES
$54.38
300893
11/16/2023
2777
ARAMARK SERVICES INC
106017839
BEVERAGE SERVICES, FACILITIES
$173.43
300893
11/16/2023
2777
ARAMARK SERVICES INC
106017838
BEVERAGE SERVICES, FACILITIES
$1,452.50
300893
11/16/2023
2777
ARAMARK SERVICES INC
106017837
BEVERAGE SERVICES, FACILITIES
$220.19
300955
11/21/2023
2777
ARAMARK SERVICES INC
003566165
BEVERAGE SERVICES, FACILITIES
$91.24
300894
11/16/2023
2442
ASCENT ENVIRONMENTAL INC
20210169.02 - 17
PA22-0105 TEMECULA VALLEY HOSP
$487.50
300895
11/16/2023
2242
AT&T
484615
LOCATION/ACTIVATION FEES: POLICE
$250.00
600874
11/22/2023
2381
AYERS WILLIAM BRIAN
2929
ELECTRICAL WORK AT VARIOUS CITY FACILITIES: PW
$600.00
600874
11/22/2023
2381
AYERS WILLIAM BRIAN
2926
ELECTRICAL WORK AT VARIOUS CITY FACILITIES: PW
$5,100.00
600875
11/22/2023
2073
AZTEC LANDSCAPING INC
J1628
OCT RESTROOM MAINTENANCE SVCS: PARKS: PW
$9,580.39
600809
11/16/2023
1980
B G P RECREATION INC
4005.203 2nd half
TCSD INSTRUCTOR EARNINGS
$3,024.00
600876
11/22/2023
1980
B G P RECREATION INC
4005.2041ST PMT
TCSD INSTRUCTOR EARNINGS
$3,307.50
300896
11/16/2023
1669
BAKER AND TAYLOR INC
2037877755
BOOK COLLECTIONS: RHRTPLTCSD
$84.10
300896
11/16/2023
1669
BAKER AND TAYLOR INC
2037857771
BOOK COLLECTIONS: RHRTPL TCSD
$92.47
300896
11/16/2023
1669
BAKER AND TAYLOR INC
2037857772
BOOK COLLECTIONS: RHRTPL TCSD
$1,236.68
300896
11/16/2023
1669
BAKER AND TAYLOR INC
2037877753
BOOK COLLECTIONS: RHRTPL TCSD
$53.85
300896
11/16/2023
1669
BAKER AND TAYLOR INC
2037877754
BOOK COLLECTIONS: RHRTPL TCSD
$184.70
300897
11/16/2023
1383
BALLET FOLKLORICO
3700.204-3710.204
TCSD INSTRUCTOR EARNINGS
$1,540.00
300898
11/16/2023
1909
BAMM PROMOTIONAL PRODUCTS INC
12582
STAFF APPAREL: TCSD
$734.58
600810
11/16/2023
3122
BEARD RYAN
2200.203-2210.202
TCSD INSTRUCTOR EARNINGS
$13,188.00
600877
11/22/2023
2524
BEHAVIORAL ANALYSIS TRAINING INC
IV03298
STAFF TRAINING: TEM SHERIFF
$575.00
300899
11/16/2023
1095
BIG EAR AUDIO LLC
INV-05038
ROCKTOBER AUDIO EQUIPMENT: TCSD
$3,000.00
600878
11/22/2023
2529
BIKE SHOP OF TEMECULA THE
858B
BICYCLE MAINTENANCE: TEM SHERIFF
$1,401.15
300900
11/16/2023
1264
BIO TOX LABORATORIES
45065
PHLEBOTOMY SERVICES: PD
$448.83
300900
11/16/2023
1264
BIO TOX LABORATORIES
45005
PHLEBOTOMY SERVICES: PD
$2,185.60
300900
11/16/2023
1264
BIO TOX LABORATORIES
45004
PHLEBOTOMY SERVICES: PD
$372.69
Check#
Check Date
Vendor#
Vendor
Invoice#
Description
Invoice Net
600811
11/16/2023
1101
BLUETRITON BRANDS INC
03J0036263176
HELP CENTER WATER SERVICE
$2.60
600811
11/16/2023
1101
BLUETRITON BRANDS INC
03K6702622575
WATER DELIVERY SERVICES AT THE TVE2
$124.20
600879
11/22/2023
1101
BLUETRITON BRANDS INC
13K0028910578
WATER DELIVERY SVCS: PW
$357.80
600880
11/22/2023
2047
BOB CALLAHANS POOL SERVICE
0180
NOV POOL AND FOUNTAIN MAINTENANCE
$1,200.00
600880
11/22/2023
2047
BOB CALLAHANS POOL SERVICE
0179
NOV POOL AND FOUNTAIN MAINTENANCE
$1,400.00
300901
11/16/2023
1440
EE # 169
Reimb: CASQA Conf
REIMB: CASQA CONFERENCE
$107.68
600881
11/22/2023
2612
BRAND ASSASSINS
22575
OPEN PO MILITARY BANNER PROGRAM
$297.40
300902
11/16/2023
1342
CALIF ASSOC OF CODE ENFORCEMENT OFFICERS
300018603
MEMBERSHIP DUES: CODE ENFORCEMENT OFFICER
$100.00
300902
11/16/2023
1342
CALIF ASSOC OF CODE ENFORCEMENT OFFICERS
300018593
MEMBERSHIP RENEWAL: CODE ENFORCEMENT OFFICER
$100.00
300902
11/16/2023
1342
CALIF ASSOC OF CODE ENFORCEMENT OFFICERS
300018536
MEMBERSHIP DUES: CODE ENFORCEMENT OFFICER
$100.00
300902
11/16/2023
1342
CALIF ASSOC OF CODE ENFORCEMENT OFFICERS
300018585
MEMBERSHIP DUES: CODE ENFORCEMENT OFFICER
$100.00
300903
11/16/2023
1062
CALIF DEPT OF CONSUMER AFFAIR
Lic Renewal 74638
LICENSE RENEWAL: CIP: PW
$180.00
300903
11/16/2023
1062
CALIF DEPT OF CONSUMER AFFAIR
Lic Renewal 59602
LICENSE RENEWAL: CIP: PW
$180.00
300903
11/16/2023
1062
CALIF DEPT OF CONSUMER AFFAIR
Lic Renewal 7933
LICENSE RENEWAL: LAND DEV: PW
$180.00
300903
11/16/2023
1062
CALIF DEPT OF CONSUMER AFFAIR
Lic Renewal: 74667
LICENSE RENEWAL: TRAFFIC: PW
$180.00
300903
11/16/2023
2465
CALIF NEWSPAPERS PARTNERSHIP
0000576673A
BID ADVERTISING: PW - CIP
$945.83
300903
11/16/2023
2465
CALIF NEWSPAPERS PARTNERSHIP
0000576673E
ADVERTISING PUBLIC NOTICES: PLANNING
$1,745.04
300903
11/16/2023
2465
CALIF NEWSPAPERS PARTNERSHIP
0000576673C
LEGAL NEWSPAPER PUBLICATIONS: CITY CLERK
$1,645.85
300903
11/16/2023
2465
CALIF NEWSPAPERS PARTNERSHIP
0000576673D
BID ADVERTISING: PW - CIP, PW19-04
$1,879.20
300904
11/16/2023
2465
CALIF NEWSPAPERS PARTNERSHIP
0000576673E
BID ADVERTISING: PW - CIP, PW21-07
$970.77
300905
11/16/2023
3394
CALIFORNIA STATE UNIVERSITY SAN MARCOS
RA026168
SENIOR EXPERIENCE PROJECT: ECO DEV
$1,200.00
300906
11/16/2023
2063
CASC ENGINEERING AND, CONSULTING INC
0049761
NPDES COMMERCIAL & INDUSTRIAL
$165.00
300906
11/16/2023
2063
CASC ENGINEERING AND, CONSULTING INC
0049817
ENGINEERING SVCS: NPDES CATCH BASIN DEVICE
$97.50
300906
11/16/2023
2063
CASC ENGINEERING AND, CONSULTING INC
0049402
NPDES COMMERCIAL& INDUSTRIAL INSPECTIONS
$4,345.00
600812
11/16/2023
1280
CDW LLC
MW58970
MISC SMALLTOOLS& EQUIP: INFO TECH
$64.01
600812
11/16/2023
1280
COW LLC
MW68329
MISC SMALLTOOLS& EQUIP: INFO TECH
$196.04
600812
11/16/2023
1280
COW LLC
MW00008
MISC SMALLTOOLS& EQUIP: INFO TECH
$232.16
600812
11/16/2023
1280
COW LLC
MV54832
MISC SMALLTOOLS & EQUIP:IT
$185.42
600812
11/16/2023
1280
COW LLC
MW23417
MISC SMALLTOOLS & EQUIP: IT
$184.96
600812
11/16/2023
1280
COW LLC
MT30592
MISC SMALLTOOLS& EQUIP: INFO TECH
$203.06
300907
11/16/2023
1528
CERTIFION CORP
1023EP31197
SOFTWARE SUBSCRIPTION: PD
$200.00
600813
11/16/2023
3043
COMMERCIAL CLEANING BYROGERS
10704
JANITORIAL SERVICES: OTSF AND MALL
$814.77
300908
11/16/2023
3060
COMPLETE OFFICE LLC
4097232-0
OFC SUPPLIES: BLDG & SAFETY
$6.51
300957
11/21/2023
1172
CONSOLIDATED ELECTRICAL DIST
8750-1035941
ELECTRICAL SUPPLIES: FACILITIES
$6.51
300956
11/21/2023
1172
CONSOLIDATED ELECTRICAL DIST
8750-1036168
ELECTRICAL SUPPLIES: CITY HALL
$153.41
300956
11/21/2023
1172
CONSOLIDATED ELECTRICAL DIST
8750-1036257
ELECTRICAL SUPPLIES: CRC
$259.50
300956
11/21/2023
1172
CONSOLIDATED ELECTRICAL DIST
8750-1036342
ELECTRICAL SUPPLIES: CRC
($255.70)
300956
11/21/2023
1172
CONSOLIDATED ELECTRICAL DIST
8750-1036369
ELECTRICAL SUPPLIES: TVE2
$7.07
300956
11/21/2023
1172
CONSOLIDATED ELECTRICAL DIST
8750-1036199
ELECTRICAL SUPPLIES: CITY HALL
$15.00
300956
11/21/2023
1172
CONSOLIDATED ELECTRICAL DIST
8750-1036341
ELECTRICAL SUPPLIES: CRC
$158.70
300956
11/21/2023
1172
CONSOLIDATED ELECTRICAL DIST
8750-1036115
ELECTRICAL SUPPLIES: CITY HALL
$86.34
300956
11/21/2023
1172
CONSOLIDATED ELECTRICAL DIST
8750-1035970
ELECTRICAL SUPPLIES: TPL
$504.48
600814
11/16/2023
2352
COOKE AARON
041217-3427
COLOR RUN BANNER & STICKERS
$913.07
600815
11/16/2023
1666
CORELOGIC INC
82193004
OCT SOFTWARE SUBSCRIPTION: CODE ENF
$400.00
600882
11/22/2023
3130
CORTEZ GASTELUM MARIA VICTORIA
231028
NEWSPAPER SUBSCRIPTION: MPSC: TCSD
$125.00
600816
11/16/2023
1771
COSSOU,CELINE
1600.202-1620.203
TCSD INSTRUCTOR EARNINGS
$529.20
300909
11/16/2023
1098
COSTCOTEMECULA 491
3512
MISC SUPPLIES: TVM: TCSD
$95.75
300910
11/16/2023
1268
COSTCO TEMECULA 491
3511
SUPPLIES: MRC, MPSC AND SFSP
$626.90
600817
11/16/2023
2004
COX KRISTI
4210.205
TCSD INSTRUCTOR EARNINGS
$270.00
600818
11/16/2023
1592
CRAFTSMEN PLUMBING & HVAC INC
003633
PLUMBING WORK AT SENIOR CENTER & LIBRARY
$475.00
600818
11/16/2023
1592
CRAFTSMEN PLUMBING & HVAC INC
003699
PLUMBING SERVICES: PW FACILITY MAINTENANCE
$1,681.00
600818
11/16/2023
1592
CRAFTSMEN PLUMBING & HVAC INC
003700
PLUMBING SERVICES: PW FACILITY MAINTENANCE
$490.00
600818
11/16/2023
1592
CRAFTSMEN PLUMBING & HVAC INC
119474
SERVICE CALLS, PW CITY FACILITIES
$90.00
600818
11/16/2023
1592
CRAFTSMEN PLUMBING & HVAC INC
119467
SERVICE CALLS, PW CITY FACILITIES
$90.00
600818
11/16/2023
1592
CRAFTSMEN PLUMBING & HVAC INC
119473
SERVICE CALLS, PW CITY FACILITIES
$90.00
600883
11/22/2023
1592
CRAFTSMEN PLUMBING & HVAC INC
03500
PLUMBING SVCS: PARKS: PW
$2,551.43
600883
11/22/2023
1592
CRAFTSMEN PLUMBING & HVAC INC
03499
PLUMBING SVCS: PARKS: PW
$461.50
300958
11/21/2023
1929
CULTIVATING GOOD INC
1262023
WORKFORCE PROGRAMS CATERING
$3,262.50
300911
11/16/2023
1699
DAVID EVANS AND ASSOCIATES INC
547067
DIAZ ROAD EXPANSION
$22,985.50
300959
11/21/2023
1177
DAVID TURCH AND ASSOCIATES
AUG'23
FEDERAL LEGISLATIVE CONSULTANT SVCS: CM
$5,500.00
300959
11/21/2023
1177
DAVID TURCH AND ASSOCIATES
SEP'23
FEDERAL LEGISLATIVE CONSULTANT SVCS: CM
$5,500.00
600819
11/16/2023
1235
DIAMOND ENVIRONMENTAL SRVCS
0004837740
PORTABLE RESTROOMS: POLICE DEPT
$132.09
600884
11/22/2023
1235
DIAMOND ENVIRONMENTAL SRVCS
0004835715
RESTROOM RENTALS & MAINT SVCS: PW CIP
$8,660.00
600884
11/22/2023
1235
DIAMOND ENVIRONMENTAL SRVCS
0004895221
RESTROOM RENTALS & MAINT SVCS: PW CIP
$8,660.00
600884
11/22/2023
1235
DIAMOND ENVIRONMENTAL SRVCS
0004784328
RESTROOM RENTALS & MAINT SVCS: PW CIP
$1,365.00
600884
11/22/2023
1235
DIAMOND ENVIRONMENTAL SRVCS
0005022041
PORTABLE RESTROOMS: STEPHEN LINEN PARK
$160.88
600884
11/22/2023
1235
DIAMOND ENVIRONMENTAL SRVCS
0005031039
PORTABLE RESTROOMS: RIVERTON LN
$110.88
600884
11/22/2023
1235
DIAMOND ENVIRONMENTAL SRVCS
0005031040
PORTABLE RESTROOMS: GENERAL KEARNY RD
$110.88
600884
11/22/2023
1235
DIAMOND ENVIRONMENTAL SRVCS
0005031041
PORTABLE RESTROOMS: HARMONY LN
$165.88
600884
11/22/2023
1235
DIAMOND ENVIRONMENTAL SRVCS
0005031038
PORTABLE RESTROOMS: LA SERENA WAY
$110.88
600820
11/16/2023
1254
DOWNS ENERGY FUEL
CL12386
FUEL FOR CITY VEHICLES: CIP: PW
$221.93
600820
11/16/2023
1254
DOWNS ENERGY FUEL
CL12382
FUEL FOR CITY VEHICLES: LAND DEV: PW
$51.96
600820
11/16/2023
1254
DOWNS ENERGY FUEL
CL13865
FUEL FOR CITY VEHICLES: CIP: PW
$267.86
600820
11/16/2023
1254
DOWNS ENERGY FUEL
CL13862
FUEL FOR CITY VEHICLES: POLICE DEPT
$56.63
600820
11/16/2023
1254
DOWNS ENERGY FUEL
CL13867
FUEL FOR CITY VEHICLES: INFO TECH
$97.27
600820
11/16/2023
1254
DOWNS ENERGY FUEL
CL13883
FUEL FOR CITY VEHICLES: TCSD
$352.03
600820
11/16/2023
1254
DOWNS ENERGY FUEL
CL13861
FUEL FOR CITY VEHICLES: LAND DEV: PW
$61.17
600885
11/22/2023
1254
DOWNS ENERGY FUEL
CL15326
FUEL FOR CITY VEHICLES: POLICE
$83.56
600885
11/22/2023
1254
DOWNS ENERGY FUEL
CL15324
FUEL FOR CITY VEHICLES: PARK MAINT: PW
$2,175.89
600885
11/22/2023
1254
DOWNS ENERGY FUEL
CL14641
FUEL FOR CITY VEHICLES: FIRE DEPT
$144.31
600885
11/22/2023
1254
DOWNS ENERGY FUEL
CL15345
FUEL FOR CITY VEHICLES: TCSD
$394.30
600885
11/22/2023
1254
DOWNS ENERGY FUEL
CL15344
FUEL FOR CITY VEHICLES: TRAFFIC: PW
$432.45
Check#
Check Date
Vendor#
Vendor
Invoice#
Description
Invoice Net
600885
11/22/2023
1254
DOWNS ENERGY FUEL
CL15330
FUEL FOR CITY VEHICLES: STREET MAINT: PW
$1,761.72
600885
11/22/2023
1254
DOWNS ENERGY FUEL
CL15327
FUEL FOR CITY VEHICLES: CODE ENFORCEMENT
$98.71
600885
11/22/2023
1254
DOWNS ENERGY FUEL
CL12401
FUEL FOR CITY VEHICLES: EOC
$77.01
600885
11/22/2023
1254
DOWNS ENERGY FUEL
CL13879
FUEL FOR CITY VEHICLES: EOC
$104.93
600821
11/16/2023
1678
DUDEK
202308449
CITYWIDE DRAINAGE MASTER PLAN
$20,974.06
600886
11/22/2023
1678
DUDEK
202308337
CONSTRUCTION MGT SVCS: PW-CIP, PW20-13, ON -CALL
$23,040.00
600887
11/22/2023
2385
EIDE BAILLY LLP
E101584866
OCT AUDIT SVCS: 2023 FINANCIAL STATEMENT AUDIT
$31,600.00
600888
11/22/2023
1156
ENGINEERING RESOURCES OF SOUTHERN CA INC
59665
ENG CONSULTANT SVCS: OVERLAND WIDENING
$61,106.82
300912
11/16/2023
2116
FALCON ENGINEERING SERVICES
2023-6
CONSTRUCTION MGMNT SVCS: PW16-01 CIP
$474,944.61
300913
11/16/2023
1005
FEDERAL EXPRESS INC
8-300-06865a
EXPRESS MAILINGS SVCS: FIRE
$9.03
300913
11/16/2023
1005
FEDERAL EXPRESS INC
8-307-25621
EXPRESS MAIL SVCS: TCSD
$18.21
300960
11/21/2023
1005
FEDERAL EXPRESS INC
8-292-05299
EXPRESS MAIL SVCS: FACILITIES
$8.28
300960
11/21/2023
1005
FEDERAL EXPRESS INC
8-314-02002b
EXPRESS MAILING SVCS: THEATER: TCSD
$13.67
600822
11/16/2023
1219
FINE ARTS NETWORK
Catch Me If You Can
STALEMENT: CATCH ME IF YOU CAN 10/13-10/29
$16,123.05
300914
11/16/2023
1006
FIRST AMERICAN TITLE COMPANY
11/14/23
TITLE: TEMECULA BIKE TRAILS
$500.00
600823
11/16/2023
2265
EE # 539
Reimb: NEOGOV Conf
REIMB: NEOGOV CONFERENCE
$64.47
600824
11/16/2023
2643
FORENSIC NURSES OF SOCAL INC
2392
SART EXAMS
$1,200.00
600824
11/16/2023
2643
FORENSIC NURSES OF SOCAL INC
2399
SART EXAMS
$550.00
600825
11/16/2023
1875
FREIZE UHLER KIMBERLY
8937 Tissue Paper
MISC. PROMOTIONAL ITEMS: ECO DEV INCUBATOR
$352.67
600826
11/16/2023
2374
GEORGE HILLS COMPANY INC
INV1026740
CLAIMS TPA: RM
$2,028.50
300915
11/16/2023
2722
GEOTAB USA INC
IN362483
VEHICLE TELEMATICS:CITY FLEET: IT
$1,678.75
300916
11/16/2023
2138
GOVCONNECTION INC
74620850
REPLACEMENT COMPUTERS:TEM PUB LIBRARY
$22,229.92
600889
11/22/2023
1225
GRAINGER
9900959140
MAINTENANCE SUPPLIES: STREET MAINT: PW
$1,000.98
600889
11/22/2023
1225
GRAINGER
852588615
MISC PARK SUPPLIES: PARKS: PW
$190.10
300917
11/16/2023
1009
HANKS HARDWARE INC
2708/0ct
MISC MAINT SUPPLIES: OLD TOWN
$514.31
300917
11/16/2023
1009
HANKS HARDWARE INC
2670/Oct
MISC MAINT SUPPLIES: TCC
$57.63
300917
11/16/2023
1009
HANKS HARDWARE INC
2641/0ct
MISC MAINT SUPPLIES: STREETS: PW
$1,462.15
300917
11/16/2023
1009
HANKS HARDWARE INC
2706/0ct
MISC MAINT SUPPLIES: AQUATICS: PW
$215.84
300917
11/16/2023
1009
HANKS HARDWARE INC
2671/0ct
MISC MAINT SUPPLIES: FOC
$65.17
300917
11/16/2023
1009
HANKS HARDWARE INC
2107/Oct
MISC MAINT SUPPLIES: THEATER
$44.64
300917
11/16/2023
1009
HANKS HARDWARE INC
2716/0ct
MISC MAINT SUPPLIES: IWTCM
$100.98
300917
11/16/2023
1009
HANKS HARDWARE INC
2646/0ct
MISC MAINT SUPPLIES: CRC
$222.13
300917
11/16/2023
1009
HANKS HARDWARE INC
2644/0ct
MISC MAINT SUPPLIES: CIVIC CTR
$2,353.55
300917
11/16/2023
1009
HANKS HARDWARE INC
2634/0ct
SMALL TOOLS & EQUIP: FIRE
$298.77
300961
11/21/2023
1009
HANKS HARDWARE INC
2649/0ct
MAINT SUPPLIES: PARKS: PW
$3,369.68
600827
11/16/2023
1093
HEALTHPOINTE MEDICAL GROUP INC
42612-4150978
VIED EMPLOYMENT SCREENING: HR
$50.00
600828
11/16/2023
2235
HICKS AND HARTWICK INC
8256
ENG PLAN CHECK SRVCS:PW - LAND DEV
$245.00
600828
11/16/2023
2235
HICKS AND HARTWICK INC
8244
ENG PLAN CHECK SRVCS:PW - LAND DEV
$4,838.75
600890
11/22/2023
2547
HINER DOUGLAS
2023-October
UMPIRE OFFICIATING SVCS: CITY ADULT SOFTBALL
$3,654.00
300962
11/21/2023
1192
HOME DEPOT
3972337
MAINT SUPPLIES: CRC: PW
$266.64
300962
11/21/2023
1192
HOME DEPOT
9023213
MISC SUPPLIES: PARKS: PW
$18.47
600891
11/22/2023
2564
INLAND FLEET SOLUTIONS INC
6481
VEHICLE AND EQUIPMENT REPAIR, STREET MAINTENANCE
$1,592.02
600891
11/22/2023
2564
INLAND FLEET SOLUTIONS INC
6561
VEHICLE AND EQUIPMENT REPAIR, STREET MAINTENANCE
$501.33
600891
11/22/2023
2564
INLAND FLEET SOLUTIONS INC
6698
VEHICLE AND EQUIPMENT REPAIR, STREET MAINTENANCE
$500.44
600891
11/22/2023
2564
INLAND FLEET SOLUTIONS INC
6555
VEHICLE AND EQUIPMENT REPAIR, STREET MAINTENANCE
$2,622.24
600829
11/16/2023
1595
INLAND VALLEY SYMPHONY
111-2023
PERFORMING ARTS AGREEMENT
$15,000.00
600830
11/16/2023
3227
INSTEP MARKETING
C3215
BROCHURES: PW - CIP
$2,760.00
300918
11/16/2023
3035
INTERFLEX PAYMENT LLC
Ben349813
CHILD CARE REIMBURSEMENT FSA: PAYMENT
$25,675.79
300919
11/16/2023
3035
INTERFLEX PAYMENT LLC
INV649522
FSA/COBRA: HR
$457.00
300919
11/16/2023
3035
INTERFLEX PAYMENT LLC
INV656907
FSA/COBRA: HR
$450.50
600831
11/16/2023
1719
JACOB'S HOUSE INC
Ben349801
EMPLOYEE CHARITY DONATIONS: PAYMENT
$40.00
300920
11/16/2023
3095
JAVIER I GONZALEZ
1443
HVAC SUPPLES: FACILITY MAINT
$51.11
300920
11/16/2023
3095
JAVIER I GONZALEZ
1442
HVAC SUPPLES: FACILITY MAINT
$448.03
600892
11/22/2023
2475
1P HANDMADE CORP
68385
WHITE ENVELOPES: CODE ENFORCEMENT
$354.50
300921
11/16/2023
1136
LAKE ELSINORE ANIMAL FRIENDS
0ct'23
0CT'23 ANIMAL CONTROL SERVICES
$10,762.50
300922
11/16/2023
3402
LANGUAGERS INC
OB13C1F4-0003
INTERPRETATION SVCS: CITY CLERK
$238.00
600893
11/22/2023
1050
LEIGHTON AND ASSOCIATES INC
60350
GEOTECHNICAL CONSULTING (PA23-0341)
$4,590.00
600832
11/16/2023
2278
LESO PAMELA
8895
CRIME PREVENTION MATERIALS
$1,331.07
600832
11/16/2023
2278
LESO PAMELA
8892
CRIME PREVENTION MATERIALS
$813.32
600832
11/16/2023
2278
LESO PAMELA
8891
CRIME PREVENTION MATERIALS
$675.00
600832
11/16/2023
2278
LESO PAMELA
8893
CRIME PREVENTION MATERIALS
$375.81
600833
11/16/2023
1320
LIEBERT CASSIDY WHITMORE
252522
HR LEGAL SVCS FOR TE060-00022
$16,673.00
600833
11/16/2023
1320
LIEBERT CASSIDY WHITMORE
253002
HR LEGAL SVCS FOR TE060-00001
$2,220.00
600894
11/22/2023
1216
LIFE ASSIST INC
1379680
CPR PROGRAM SUPPLIES: MEDIC
$224.36
300963
11/21/2023
3405
LOCKLIN LISA
Refund: Classes
REFUND: CLASSES: TCSD
$50.00
300923
11/16/2023
3198
LOOMIS ARMORED US LLC
1 ARMORED CAR SVCS: FINANCE
$1,081.06
600895
11/22/2023
3344
LOVE PRODUCTIONS RECORDS LLC
Ck Req 11/09/23
PERFORMING ARTS AGREEMENT 2-10
$1,550.00
600834
11/16/2023
1979
LUXOTTICA OF AMERICA INC
6900004766
UNIFORMS: TEM SHERIFF
$1,439.84
300924
11/16/2023
1806
M CICOMM SERVICE
OCT 7DK89878
OCT 7DK89878 XXX-0714 USAGE MALLPD
$37.97
300924
11/16/2023
1806
M C I COMM SERVICE
OCT 7DK90589
OCT 7DK90589 XXX-3046 GEN USAGE
$35.99
600835
11/16/2023
1250
MAINTEX INC
1059959-00
JANITORIAL SUPPLIES: FACILITY MAINT
$3,064.84
600835
11/16/2023
1250
MAINTEX INC
1059959-01
JANITORIAL SUPPLIES: FACILITY MAINT
$640.26
600896
11/22/2023
2619
MARIPOSA TREE MANAGEMENT INC
3137
TREE TRIMMING: VILLAGES SLOPE: PW
$1,622.08
600896
11/22/2023
2619
MARIPOSA TREE MANAGEMENT INC
3122
ANNUAL TREE TRIMMING,REMOVALS & PLANTING AT PARKS
$24,263.20
600896
11/22/2023
2619
MARIPOSA TREE MANAGEMENT INC
3138
ANNUAL TREE TRIMMING,REMOVALS & PLANTING AT PARKS
$3,244.16
600896
11/22/2023
2619
MARIPOSA TREE MANAGEMENT INC
3120
ANNUAL TREE TRIMMING,REMOVALS & PLANTING AT PARKS
$6,729.30
600836
11/16/2023
2376
MARK THOMAS AND COMPANY INC
49016
1-15 CONGENSTION RELIEF
$1,553.00
300925
11/16/2023
2297
MGT OF AMERICA LLC
53644
MANDATED COST SB 90
$11,000.00
600837
11/16/2023
1241
MISSION ELECTRIC SUPPLY INC
517523-00
ELECTRICAL SUPPLIES: TPL
$1,303.98
600838
11/16/2023
1241
MISSION ELECTRIC SUPPLY INC
516602-01
ELECTRICAL SUPPLIES: TPL
$39.34
600838
11/16/2023
1241
MISSION ELECTRIC SUPPLY INC
517524-00
ELECTRICAL SUPPLIES: CRC
$1,303.98
600838
11/16/2023
1241
MISSION ELECTRIC SUPPLY INC
517712-00
ELECTRICAL SUPPLIES: MPSC
$30.78
Check#
Check Date
Vendor#
Vendor
Invoice#
Description
Invoice Net
600838
11/16/2023
1241
MISSION ELECTRIC SUPPLY INC
517832-00
ELECTRICAL SUPPLIES: MPSC
$20.72
600838
11/16/2023
1241
MISSION ELECTRIC SUPPLY INC
517043-00
ELECTRICAL SUPPLIES: SENIOR CENTER
$1,507.35
600897
11/22/2023
1241
MISSION ELECTRIC SUPPLY INC
515486-00
ELECTRICAL SUPPLIES: FACILITIES
$820.55
600897
11/22/2023
1241
MISSION ELECTRIC SUPPLY INC
516736-02
ELECTRICAL SUPPLIES: FACILITIES
$169.65
600897
11/22/2023
1241
MISSION ELECTRIC SUPPLY INC
517834-00
ELECTRICAL SUPPLIES: FACILITIES
$948.52
600897
11/22/2023
1241
MISSION ELECTRIC SUPPLY INC
517241-00
ELECTRICAL SUPPLIES: FACILITIES
$1,339.80
600897
11/22/2023
1241
MISSION ELECTRIC SUPPLY INC
517158-00
ELECTRICAL SUPPLIES: FACILITIES
$255.67
600897
11/22/2023
1241
MISSION ELECTRIC SUPPLY INC
516930-00
ELECTRICAL SUPPLIES: FACILITIES
$81.79
600897
11/22/2023
1241
MISSION ELECTRIC SUPPLY INC
517970-00
ELECTRICAL SUPPLIES: FIRE STATIONS
$72.00
600898
11/22/2023
1241
MISSION ELECTRIC SUPPLY INC
517901-02
ELECTRICAL SUPPLIES: SENIOR CENTER
$53.72
600898
11/22/2023
1241
MISSION ELECTRIC SUPPLY INC
517901-00
ELECTRICAL SUPPLIES: SENIOR CENTER
$198.32
600898
11/22/2023
1241
MISSION ELECTRIC SUPPLY INC
517778-00
OPEN PO: ELECTRICAL SUPPLIES: PARKS
$168.73
600898
11/22/2023
1241
MISSION ELECTRIC SUPPLY INC
517320-00
ELECTRICAL SUPPLIES: PARKS
$804.17
600839
11/16/2023
1240
MORAMARCO ANTHONY J
10/17/23a
ART EVENTS & MURALS: 2ND SAT EVENT: S KOREA
$400.00
600839
11/16/2023
1240
MORAMARCO ANTHONY J
10/24/23
GRAPHIC DESIGN WORK: TCSD
$1,100.00
600899
11/22/2023
2578
NIEVES LANDSCAPE INC
75738
REMEDIAL LANDSCAPE SVCS: RONALD REGAN SP: PW
$2,300.00
600899
11/22/2023
2578
NIEVES LANDSCAPE INC
75664
LANDSCAPE SVCS: HARVESTON LAKE
$4,031.00
600899
11/22/2023
2578
NIEVES LANDSCAPE INC
75663
LANDSCAPE SVCS: PARKS AND MEDIANS
$56,141.00
600899
11/22/2023
2578
NIEVES LANDSCAPE INC
75665
LANDSCAPE MAINTENANCE SERVICES LEVEL C SLOPES
$62,010.00
600899
11/22/2023
2578
NIEVES LANDSCAPE INC
75667
LANDSCAPE SVCS: PARKS AND MEDIANS
$77,622.00
600899
11/22/2023
2578
NIEVES LANDSCAPE INC
75661
LANDSCAPE MAINTENANCE SVCS: FACILITIES
$11,245.00
600840
11/16/2023
1819
NPG INC
1122404
SEAL & STRIPE HISTORY MUSUEM PARKING LOT
$11,800.00
600900
11/22/2023
1819
NPG INC
25329
MISC SUPPLIES: PARKS: PW
$991.80
300926
11/16/2023
1143
OVERLAND PACIFIC & CUTLER LLC
4226297
ACQUISITION SERVICES: PW - LD
$5,838.00
600841
11/16/2023
2468
PLACEWORKS INC
83075
OLD TOWN PARKLETS PROGRAM: PLANNING
$9,543.35
300948
11/16/2023
1135
POSTMASTER - TEMECULA
2023571
POSTAGE: BUSINESS LICENSE RENEWAL MAILINGS
$3,555.27
600901
11/22/2023
3271
POWERSPORTS UNLIMITED INC
46667
VEHICLE REPAIR & MAINT: TEM SHERIFF
$916.54
300927
11/16/2023
1363
PRE PAID LEGAL SERVICES INC
Ben349803
PREPAID LEGAL SERVICES PAYMENT
$246.95
600902
11/22/2023
1721
PRO ACTIVE FIRE DESIGN & CONSULTING
2046
PLAN CHECKING SVCS: FIRE
$3,621.30
600842
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132220952
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$19.88
600842
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132220937
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$12.74
600843
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132220938
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$9.89
600842
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132220950
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$14.32
600843
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132220426
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$10.28
600843
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132220424E
UNIFORMS: STREET MAINTENANCE
$5.67
600842
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132219686
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$19.88
600842
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132219684
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$14.32
600843
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132219674
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$9.89
600842
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132219673
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$12.74
600842
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132219667
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$24.52
600843
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132217909B
UNIFORMS: STREET MAINTENANCE
$5.67
600843
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132217911
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$10.28
600842
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132218418
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$19.88
600843
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132218404
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$9.89
600842
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132218416
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$14.32
600842
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132218403
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$12.74
600843
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132219160E
UNIFORMS: STREET MAINTENANCE
$5.67
600843
11/16/2023
1336
PRUDENTIAL OVERALL SUPPLY
132219162
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$10.28
600903
11/22/2023
1336
PRUDENTIAL OVERALL SUPPLY
132220425
UNIFORMS: STREET MAINTENANCE
$68.17
600903
11/22/2023
1336
PRUDENTIAL OVERALL SUPPLY
132220424A
UNIFORM: PARKS AND FACILITIES
$63.21
600903
11/22/2023
1336
PRUDENTIAL OVERALL SUPPLY
132220951
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$31.45
600903
11/22/2023
1336
PRUDENTIAL OVERALL SUPPLY
CM 13816-01A
OPEN CREDITS ON ACCT 13816-01
($334.63)
600903
11/22/2023
1336
PRUDENTIAL OVERALL SUPPLY
132219161
UNIFORMS: STREET MAINTENANCE
$68.17
600903
11/22/2023
1336
PRUDENTIAL OVERALL SUPPLY
132219685
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$31.45
600903
11/22/2023
1336
PRUDENTIAL OVERALL SUPPLY
132221749A
UNIFORM: PARKS AND FACILITIES
$65.64
600903
11/22/2023
1336
PRUDENTIAL OVERALL SUPPLY
132221749E
UNIFORMS: STREET MAINTENANCE
$5.67
600903
11/22/2023
1336
PRUDENTIAL OVERALL SUPPLY
132221751
UNIFORMS: STREET MAINTENANCE
$68.17
600903
11/22/2023
1336
PRUDENTIAL OVERALL SUPPLY
132221752
FLOOR MATS AND TOWEL RENTALS: FACILITIES
$10.28
300928
11/16/2023
1134
RANCHO CALIF BUS PK ASSOC
1077061/OCT-DEC'23
OCT-DEC'23 BUS PK ASSN DUES: DIAZ RD
$2,256.71
600844
11/16/2023
2552
REFRIGERATION SUPPLIES, DISTRIBUTOR
60170903-00
MISC HVAC SUPPLIES: CIVIC CTR
$61.33
600844
11/16/2023
2552
REFRIGERATION SUPPLIES, DISTRIBUTOR
60171098-00
MISC HVAC SUPPLIES: CITY HALL
$30.70
600904
11/22/2023
2552
REFRIGERATION SUPPLIES, DISTRIBUTOR
60170342-00
MISC HVAC SUPPLIES: FACILITIES
$674.64
600904
11/22/2023
2552
REFRIGERATION SUPPLIES, DISTRIBUTOR
60171154-00
MISC HVAC SUPPLIES: CITY HALL
$155.03
600904
11/22/2023
2552
REFRIGERATION SUPPLIES, DISTRIBUTOR
60170938-00
MISC HVAC SUPPLIES: CRC
$164.05
600904
11/22/2023
2552
REFRIGERATION SUPPLIES, DISTRIBUTOR
60170876-00
MISC HVAC SUPPLIES: SENIOR CENTER
$168.98
600904
11/22/2023
2552
REFRIGERATION SUPPLIES, DISTRIBUTOR
60170904-00
MISC HVAV SUPPLIES: CITY HALL
$245.35
600904
11/22/2023
2552
REFRIGERATION SUPPLIES, DISTRIBUTOR
60171241-00
MISC HVAC SUPPLIES: TVE2
($961.34)
600905
11/22/2023
2203
REMOTE SATELLITE SYSTEMS INTL
00125492
PHONE SERVICE FOR EOC
$505.05
600905
11/22/2023
2203
REMOTE SATELLITE SYSTEMS INTL
00125070
SATELLITE PHONE SERVICE: EM
$505.05
600845
11/16/2023
1150
RICHARDS WATSON AND GERSHON
245016
OCT 2023 LEGAL SERVICES
$18,564.95
600845
11/16/2023
1150
RICHARDS WATSON AND GERSHON
245042
OCT 2023 LEGAL SERVICES
$17,090.86
600845
11/16/2023
1150
RICHARDS WATSON AND GERSHON
245053
OCT 2023 LEGAL SERVICES
$420.00
600846
11/16/2023
1150
RICHARDS WATSON AND GERSHON
245059
OCT 2023 LEGAL SERVICES
$120.00
600846
11/16/2023
1150
RICHARDS WATSON AND GERSHON
245061
OCT 2023 LEGAL SERVICES
$150.00
600845
11/16/2023
1150
RICHARDS WATSON AND GERSHON
245021
OCT 2023 LEGAL SERVICES
$300.00
600846
11/16/2023
1150
RICHARDS WATSON AND GERSHON
245029
OCT 2023 LEGAL SERVICES
$30.00
600845
11/16/2023
1150
RICHARDS WATSON AND GERSHON
244563
SEP 2023 LEGAL SERVICES
$1,320.00
600846
11/16/2023
1150
RICHARDS WATSON AND GERSHON
244586
SEP 2023 LEGAL SERVICES
$210.00
600845
11/16/2023
1150
RICHARDS WATSON AND GERSHON
244587
SEP 2023 LEGAL SERVICES
$1,397.50
600845
11/16/2023
1150
RICHARDS WATSON AND GERSHON
244365
AUG 2023 LEGAL SERVICES
$3,510.00
600845
11/16/2023
1150
RICHARDS WATSON AND GERSHON
244340
AUG 2023 LEGAL SERVICES
$1,837.81
600845
11/16/2023
1150
RICHARDS WATSON AND GERSHON
244341
AUG 2023 LEGAL SERVICES
$5,768.16
Check#
Check Date
Vendor#
Vendor
Invoice#
Description
Invoice Net
600846
11/16/2023
1150
RICHARDS WATSON AND GERSHON
244560
SEP 2023 LEGAL SERVICES
$120.00
600845
11/16/2023
1150
RICHARDS WATSON AND GERSHON
245063
2023 OCT LEGAL SERVICES
$465.00
600907
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245020
OCT 2023 LEGAL SERVICES
$1,152.50
600906
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245024
OCT 2023 LEGAL SERVICES
$1,847.54
600906
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245025
OCT 2023 LEGAL SERVICES
$3,036.10
600906
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245028
OCT 2023 LEGAL SERVICES
$2,089.39
600906
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245031
OCT 2023 LEGAL SERVICES
$3,468.76
600906
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245032
OCT 2023 LEGAL SERVICES
$4,064.01
600906
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245033
OCT 2023 LEGAL SERVICES
$2,525.45
600906
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245034
OCT 2023 LEGAL SERVICES
$1,300.00
600907
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245043
OCT 2023 LEGAL SERVICES
$1,151.50
600907
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245044
OCT 2023 LEGAL SERVICES
$423.00
600906
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245045
OCT 2023 LEGAL SERVICES
$2,110.30
600907
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245049
OCT 2023 LEGAL SERVICES
$1,200.00
600906
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245050
OCT 2023 LEGAL SERVICES
$3,000.00
600906
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245054
OCT 2023 LEGAL SERVICES
$2,190.50
600907
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245058
OCT 2023 LEGAL SERVICES
$390.00
600907
11/22/2023
1150
RICHARDS WATSON AND GERSHON
245047
OCT 2023 LEGAL SERVICES
$360.00
300929
11/16/2023
1042
RIVERSIDE CO SHERIFFS DEPT
SH0000044441
09/01-10/31 YOUTH COURT SVCS
$457.22
300930
11/16/2023
1042
RIVERSIDE CO SHERIFFS DEPT
SH0000043248
07/01/22-04/05/23 RATE ADJ LAW ENFORCEMENT
$508,512.05
300931
11/16/2023
2705
RTA RANCHO HIGHLANDS LLC
11/08/23
YNEZ ROAD REIMBURSEMENT
$87,755.38
600848
11/16/2023
1552
SANBORN GWYNETH
PERF:11/04/23
COUNTRY LIVE @ THE MERC 11/04/23
$563.75
600909
11/22/2023
2008
SARNOWSKI SHAWNA PRESTON
010312023
MISC. PHOTOGRAPHY SERVICES
$300.00
600909
11/22/2023
2008
SARNOWSKI SHAWNA PRESTON
0010312023
MISC. PHOTOGRAPHY SERVICES
$300.00
600909
11/22/2023
2008
SARNOWSKI SHAWNA PRESTON
10282023
PHOTOGRAPHY SVCS: WORKFORCE PROGRAMS: TCSD
$450.00
600909
11/22/2023
2008
SARNOWSKI SHAWNA PRESTON
011062023
MISC. PHOTOGRAPHY SERVICES
$300.00
600909
11/22/2023
2008
SARNOWSKI SHAWNA PRESTON
11062023
MISC. PHOTOGRAPHY SERVICES
$300.00
600909
11/22/2023
2008
SARNOWSKI SHAWNA PRESTON
11082023
PHOTOS FOR RIBBON CUTTINGS/OPENINGS: TCSD
$275.00
600909
11/22/2023
2008
SARNOWSKI SHAWNA PRESTON
10272023
PHOTOGRAPHY SERVICES FOR SPECIAL EVENTS
$450.00
600909
11/22/2023
2008
SARNOWSKI SHAWNA PRESTON
10092023
MPSC/HUMAN SERVICES PHOTOGRAPHY
$225.00
300932
11/16/2023
2360
SB&O INC
1023023
ENGINEERING & LAND SURVEY SVCS: PW - CIP
$3,584.00
600849
11/16/2023
2266
EE#529
10/26/23
RFRSHMNTS:PTS000MMISSION
$79.19
300933
11/16/2023
3403
SHEARER CHRISTINA
REF: LIBRARY
REFUND: LIBRARY FINES
$66.00
600850
11/16/2023
1509
SHERRY BERRY MUSIC
PERF:10/29/23
LIFENOTE CHARITY CONCERT 10/29/23
$755.00
600850
11/16/2023
1509
SHERRY BERRY MUSIC
PERF:10/26/23
JAll @ THE MERC 10/26/23
$840.00
600850
11/16/2023
1509
SHERRY BERRY MUSIC
PERF:11/02/23
JAll @ THE MERC 11/02/23
$423.50
300934
11/16/2023
1787
SHRED IT US 1V LLC
8005032191
DOCUMENT SHREDDING
$46.58
600851
11/16/2023
2425
SIEMENS MOBILITY INC, YUNEX LLC
5610000448
TRAFFIC LOOPS: TRAFFIC MAINTENANCE
$8,588.00
600852
11/16/2023
1780
SILVERMAN ENTERPRISES INC
1878
SECURITY SVCS: ROTATION PARKS
$5,456.00
600853
11/16/2023
1061
SMART & FINAL INC
11/06/23
MISC SUPPLIES: MRC, MPSC, AND SFSP
$85.79
600853
11/16/2023
1061
SMART & FINAL INC
11/O1/23
MISC SUPPLIES: MPSC: TCSD
$184.76
600910
11/22/2023
1061
SMART & FINAL INC
11/14/23
MISC SUPPLIES: MRC, MPSC, AND SFSP
$113.55
600854
11/16/2023
2217
SOCIAL WORK ACTION GROUP
10312023A
OUTREACH SERVICES
$9,166.67
600854
11/16/2023
2217
SOCIAL WORK ACTION GROUP
10312023B
OUTREACH SERVICES
$31,932.10
600854
11/16/2023
2217
SOCIAL WORK ACTION GROUP
09302023A
BRIDGE HOUSING:TCSD: HOMELESS OUTREACH
$3,209.06
600854
11/16/2023
2217
SOCIAL WORK ACTION GROUP
09302023E
OUTREACH SERVICES
$5,957.61
600855
11/16/2023
1055
SOUTH COUNTY PEST CONTROL INC
0289182
ROUTINE PEST CONTROL: FACILITIES: PW
$32.00
600855
11/16/2023
1055
SOUTH COUNTY PEST CONTROL INC
0289202
ROUTINE PEST CONTROL: FACILITIES: PW
$90.00
600855
11/16/2023
1055
SOUTH COUNTY PEST CONTROL INC
0289484
ROUTINE PEST CONTROL: FACILITIES: PW
$42.00
600855
11/16/2023
1055
SOUTH COUNTY PEST CONTROL INC
0289204
ROUTINE PEST CONTROL: FACILITIES: PW
$123.00
600855
11/16/2023
1055
SOUTH COUNTY PEST CONTROL INC
0289374
ROUTINE PEST CONTROL: FACILITIES: PW
$74.00
600911
11/22/2023
1055
SOUTH COUNTY PEST CONTROL INC
0289192
ROUTINE PEST CONTROL: FACILITIES: PW
$120.00
600911
11/22/2023
1055
SOUTH COUNTY PEST CONTROL INC
0289136
PEST CONTROL SVCS: PARKS: PW
$70.00
600911
11/22/2023
1055
SOUTH COUNTY PEST CONTROL INC
0289282
PEST CONTROL SERVICES: FIRE STATIONS
$42.00
600911
11/22/2023
1055
SOUTH COUNTY PEST CONTROL INC
0289730
PEST CONTROL SVCS: PARKS: PW
$49.00
600911
11/22/2023
1055
SOUTH COUNTY PEST CONTROL INC
0289286
PEST CONTROL SERVICES: FIRE STATIONS
$80.00
600911
11/22/2023
1055
SOUTH COUNTY PEST CONTROL INC
0289333
PEST CONTROL SVCS: PARKS: PW
$95.00
600911
11/22/2023
1055
SOUTH COUNTY PEST CONTROL INC
0289241
PEST CONTROL SVCS: PARKS: PW
$49.00
600911
11/22/2023
1055
SOUTH COUNTY PEST CONTROL INC
0288524
PEST CONTROL SVCS: PARKS: PW
$49.00
300935
11/16/2023
1704
SOUTHERN CALIFORNIA TELEPHONE COMPANY
45949231101
NOV GEN USAGE: 0141,0839,0978,0979
$283.61
600856
11/16/2023
1971
SPERO VINEYARDS INC
10/25/23
VITICULTURE FIELD EXCURSIONS: TCSD
$500.00
300936
11/16/2023
1028
STADIUM PIZZA INC
11/08/23
RFRSHMNTS: WORKFORCE DEV: TCSD
$121.88
300937
11/16/2023
1431
STANDARD INSURANCE COMPANY
Ben349791
BASIC LIFE INSURANCE PAYMENT
$12,026.33
300938
11/16/2023
1708
STANDARD INSURANCE COMPANY
Ben349797
VOLUNTARY SUPP LIFE INSURANCE PAYMENT
$1,806.38
300937
11/16/2023
1431
STANDARD INSURANCE COMPANY
Ben349733
BASIC LIFE INSURANCE PAYMENT
$11,978.71
300939
11/16/2023
1452
STAPLES BUSINESS CREDIT
7617538566-0-1
OFFICE SUPPLIES: PW - LAND DEV
$42.86
600857
11/16/2023
1263
STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
686549
LIVE SCANS:TCSD; CONTRACT CLASSES: TCSD
$49.00
600857
11/16/2023
1263
STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
679422a
LIVE SCANS:TCSD; CONTRACT CLASSES: TCSD
$98.00
600857
11/16/2023
1263
STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
679422b
LIVE SCANS:TCSD; ADMIN SERVICES: TCSD
$373.00
600857
11/16/2023
1263
STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
679422c
FINGERPRINTING SVCS: HR
$490.00
600857
11/16/2023
1263
STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
679422e
FINGERPRINTING SVCS: PD
$4,280.00
600857
11/16/2023
1263
STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
686549d
SEP FINGERPRINTING SVCS: CUSTODIAL CONTRACT
$49.00
600857
11/16/2023
1263
STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
679422d
AUG FINGERPRINTING SVCS: CUSTODIAL CONTRACT
$343.00
300940
11/16/2023
2016
STC TRAFFIC INC
6371
TRAFFIC ENGINEERING SVCS: PW -TRAFFIC
$3,082.50
300940
11/16/2023
2016
STC TRAFFIC INC
6431A
ON -CALL TRAFFIC ENGINEERING SERVICES: PW -TRAFFIC
$2,480.00
300940
11/16/2023
2016
STC TRAFFIC INC
6431B
TRAFFIC ENGINEERING SVCS: PW -TRAFFIC
$6,787.50
300941
11/16/2023
1112
STRAIGHT LINE GLASS AND MIRROR COMPANY INC
250048
GLASS INSTALLATION: MARGARITA REC CENTER
$764.40
600912
11/22/2023
1514
EE# 427
11/09/23
REIMB: THEATER SUPPLIES
$88.11
600913
11/22/2023
1712
STUART JENNIFER
3400.201-3450.201 #2
TCSD INSTRUCTOR EARNINGS
$12,240.00
300942
11/16/2023
2261
T MOBILE USA INC
9550070635
GPS LOCATE: TEM SHERIFF
$125.00
300942
11/16/2023
2261
T MOBILE USA INC
9550429039
GPS LOCATE: TEM SHERIFF
$125.00
300964
11/21/2023
2261
T MOBILE USA INC
9551394089
TIMING ADVANCE: PD
$50.00
Check#
Check Date
Vendor# Vendor
Invoice#
Description
Invoice Net
300964
11/21/2023
2261 T MOBILE USA INC
9551394088
TIMING ADVANCE: PD
$25.00
300964
11/21/2023
2261 T MOBILE USA INC
9551107974
AREA DUMP: PD
$75.00
600858
11/16/2023
1113 TEAMSTERS LOCAL 911
Ben349795
UNION MEMBERSHIP DUES PAYMENT
$5,192.00
600859
11/16/2023
3355 TECH DATA CORPORATION
SI628996
AEC SOFTWARE RENEWAUPW
$12,767.88
300943
11/16/2023
1215 TEMECULA MOTORSPORTS LLC
60506
MEDIC CART: FIRE
$37,500.00
600914
11/22/2023
1914 TEMECULA VALLEY BACKFLOW INC
46299
BACKFLOW TESTING: FIRE STATIONS
$140.00
600914
11/22/2023
1914 TEMECULA VALLEY BACKFLOW INC
46222rev
BACKFLOW TEST: CITY FACILITIES: PW
$4,156.50
600914
11/22/2023
1914 TEMECULA VALLEY BACKFLOW INC
46224
BACKFLOW TEST: CITY FACILITIES: PW
$210.00
600914
11/22/2023
1914 TEMECULA VALLEY BACKFLOW INC
46223
BACKFLOW TEST: CITY FACILITIES: PW
$4,187.00
600914
11/22/2023
1914 TEMECULA VALLEY BACKFLOW INC
46219
BACKFLOW TESTING: FIRE STATIONS
$2,493.00
600914
11/22/2023
1914 TEMECULA VALLEY BACKFLOW INC
46221
BACKFLOW TESTING: FIRE STATIONS
$487.50
600847
11/16/2023
1265 TEMECULA VALLEY SECURITY CENTER
54376
LOCKSMITH SERVICES: FACILITY MAINTENANCE
$368.75
600847
11/16/2023
1265 TEMECULA VALLEY SECURITY CENTER
54468
LOCKSMITH SERVICES: FACILITY MAINTENANCE
$188.40
600908
11/22/2023
1265 TEMECULA VALLEY SECURITY CENTER
54383
LOCKSMITH SVCS: VARIOUS LOCATIONS
$406.64
600908
11/22/2023
1265 TEMECULA VALLEY SECURITY CENTER
54375
LOCKSMITH SERVICES, SENIOR CENTER
$1,228.75
300944
11/16/2023
1234 TEMECULA WINNELSON COMPANY
29539101
PLUMBING SUPPLIES: PW FACILITIES
$550.06
300965
11/21/2023
1234 TEMECULA WINNELSON COMPANY
29734601
PLUMBING SUPPLIES: PARKS
$68.30
300965
11/21/2023
1234 TEMECULA WINNELSON COMPANY
297365 01
PLUMBING SUPPLIES: PW FACILITIES
$35.15
600860
11/16/2023
1232 TERRYBERRY COMPANY
P64677
SERVICE RECOGNITION: HR
$148.62
600861
11/16/2023
3189 THE SALVATION ARMY
FY 23/24 CSF
COMMUNITY SERVICE FUNDING REINVESTMENT
$13,500.00
600862
11/16/2023
1936 TIERCE NICHOLAS
NTOTTCT-2023-11
GRAPHIC DESIGN: THEATER: TCSD
$2,520.00
600915
11/22/2023
1063 TIMMY D PRODUCTIONS INC
23656
CULTURE DAYS AND ART NIGHTS MUSIC
$425.00
600863
11/16/2023
2421 TITAN RENTAL GROUP INC
47347
CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD
$733.00
600863
11/16/2023
2421 TITAN RENTAL GROUP INC
45554
CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD
$2,209.75
600916
11/22/2023
1995 TK ELEVATOR CORPORATION
3007506508
ELEVATOR MAINT SVCS: FACILITIES: PW
$5,824.20
600864
11/16/2023
2410 EE #534
11/13/23
REIMB: TEAM PACE
$150.00
600865
11/16/2023
2413 TOWNSEND PUBLIC AFFAIRS INC
20660
CONSULTING/GRANT WRITING SVCS: CITY CLERK
$6,000.00
600917
11/22/2023
1632 TRITECH SOFTWARE SYSTEMS
383909
ASSET MANAGEMENT RENEWAUIT
$24,572.26
300945
11/16/2023
1647 TSI INCORPORATED
91591655
EQUIP REPAIR & MAINT: CODE ENF
$485.09
600866
11/16/2023
1003 TYLER TECHNOLOGIES INC
045-441096
FINANCIAL SOFTWARE UPGRADE: FINANCE
$3,190.42
600866
11/16/2023
1003 TYLER TECHNOLOGIES INC
045-443924
FINANCIAL SOFTWARE UPGRADE: FINANCE
($245.00)
600866
11/16/2023
1003 TYLER TECHNOLOGIES INC
045-443751
FINANCIAL SOFTWARE UPGRADE: FINANCE
$3,500.00
300966
11/21/2023
1350 U S BANK
13979420
ACCOUNT ANALYSIS: FINANCE
$875.00
300946
11/16/2023
1350 U S BANK CM-9690
7071984
TRUSTEE ADMIN FEES: CFD 03-06 HARV II
$2,590.50
300946
11/16/2023
1350 U S BANK CM-9690
7071258
TRUSTEE ADMIN FEES: 16-01 RORIPAUGH
$5,357.50
300947
11/16/2023
3222 ULTRA SHINE INC
1628B
JANITORIAL SVCS FACILITIES MAINT
$881.21
300967
11/21/2023
1947 UNIVERSITY ENTERPRISES CORP AT CSUSB
SP0012577
MOU-INLAND EMPIRE SMALL BUSINESS
$7,500.00
600918
11/22/2023
2142 URBANE CAFE OPERATIONS LLC
102199
URBANE CAFE
$308.63
600867
11/16/2023
2941 VAN OTTERLOO INC
178400
VEHICLE MAINTENANCE -STREET MAINTENANCE
$4,002.30
600919
11/22/2023
2941 VAN OTTERLOO INC
178411
VEHICLE MAINTENANCE -STREET MAINTENANCE
$1,485.00
300948
11/16/2023
1845 VERIZON WIRELESS
9946518315
09/11-10/10 TASK FORCE TABLETS: POLICE
$444.32
600920
11/22/2023
1498 VISION ONE, INC.
INV-74667
TICKETING SERVICES: THEATER: TCSD
$2,925.00
600868
11/16/2023
2034 WADDLETON JEFFREY L
1177
HIGH HOPES DJ SVCS: TCSD
$525.00
600868
11/16/2023
2034 WADDLETON JEFFREY L
1176
JEFF WADDLETON DJ/MC-SPECIAL EVENTS
$525.00
600868
11/16/2023
2034 WADDLETON JEFFREY L
1171
HIGH HOPES DJ SVCS: TCSD
$525.00
600868
11/16/2023
2034 WADDLETON JEFFREY L
1172
TEEN ZONE MOVIE NIGHT DJ: TCSD
$525.00
300968
11/21/2023
1102 WAXIE SANITARY SUPPLY INC
82060162
JANITORIAL SUPPLIES: PARKS
$1,299.76
300950
11/16/2023
2230 WEBB MUNICIPAL FINANCE LLC
ARIV0000054
ASSESSMENT ENGINEERING & CFD A
$13,285.06
300951
11/16/2023
1033 WEST PUBLISHING CORPORATION
849214286
SOFTWARE SUBSCRIPTION
$1,179.86
300952
11/16/2023
2322 WEX BANK
93004075
10/07-11/06 FUEL USAGE: POLICE
$2,981.08
600869
11/16/2023
1034 WILLDAN ASSOCIATES INC
00626458
TRAFFIC ENG SRVCS: PW-TRAFFIC
$679.00
600870
11/16/2023
1069 WINCHAK KRIS R
23.07 ENG PLAN CHECK & REVIEW: PW LAND DEV
$3,150.00
300953
11/16/2023
3146 WINSUPPLY VISTA CA CO
133414 02
ELECTRICAL SUPPLIES: FACILITY MAINT
$104.73
300969
11/21/2023
3146 WINSUPPLY VISTA CA CO
133883 02
ELECTRICAL SUPPLIES: FACILITY MAINT
$104.73
Total
$2,500,419.13
Item No. 4
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: December 12, 2023
SUBJECT: Approve Financial Statements for the 4th Quarter Ended June 30, 2023 PREPARED BY: Jennifer Hennessy, Director of Finance
RECOMMENDATION: That the City Council:
1. Receive and file the financial statements for the 41h quarter ended June 30, 2023; and
2. Approve the following Fiscal Year 2022-23 Budget Adjustments:
a. Increase the Operating Transfers In revenue account (001.199.000.4090) by $5,324 to reflect a higher transfer than anticipated from the Supplemental Law Enforcement Grant Fund ($5,264) and from the Gas Tax Fund ($60). b. Increase the Operating Transfer Out operating account (100. 164.999.590 1) by $60 to reflect a higher transfer than anticipated to the General Fund. c. Increase the Operating Transfer Out operating account (160.199.999.5901) by $5,264 to reflect a higher transfer than anticipated to the General Fund. d. Increase the Workers' Compensation Claims operating account (305.199.999.5206) by $65,300 to reflect higher than anticipated claims expense. e. Increase the Support Services Replacement Fund Depreciation account (335.199.999.5360) by $34,000 to cover the costs of depreciating assets within this Fund; and
3. Appropriate the following Fiscal Year 2023-24 Expenditures:
a. Appropriate $2,000,000 of the year-end General Fund surplus to the Pension Trust (PARS), in accordance with Budget Policy XII in Fiscal Year 2022-23. b. Remit a $2 million Additional Discretionary Payment (ADP) towards the CalPERS Pension Unfunded Liability from surplus General Fund Balance. c. Transfer $1,230,474 in surplus General Fund Balance into the CERBT Other Post - Employment Benefits Trust to pay down the unfunded liability.
BACKGROUND: The attached Financial Statements reflect the preliminary results for Fiscal Year Ended June 30, 2023.
FISCAL IMPACT: The General Fund is anticipated to close Fiscal Year 2022-23 with approximately $7.5 million in surplus Fund Balance, over and above the $38.5 million assumed in the Fiscal Year 2022-23 Budget. The above request will appropriate $5,230,474 of this surplus
to achieve the goals of the City's Debt/Liability Paydown Strategy, adopted by Council in December 2022.
ATTACHMENTS: City Fund Summaries
t
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City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 001 - GENERAL FUND
2022-23 Year to Date 2022-23 Q4 % Change
2021-22 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source
Taxes and Franchises
Property Tax
10,040,635
10,254,673
10,452,986
10,254,673
Sales Tax
49,147,752
50,142,000
48,776,216
50,142,000
Sales Tax Sharing Agreement
(1,306,605)
(1,308,245)
(1,348,016)
(1,308,245)
Franchise Fees
3,681,119
3,775,740
4,299,244
3,775,740
Transient Occupancy Tax
4,530,407
4,442,549
4,679,141
4,442,549
Special Tax (Measure C)
1,817,297
1,881,987
1,908,127
1,881,987
Licenses, Permits and Service Charges
Development Impact Fees
47,440
0 0
0 Charges For Services
1,190
2,500
2,240
2,500
Business Licenses
258,390
270,000
284,420
270,000
Land Development
2,023,361
1,896,020
2,869,845
1,896,020
Public Works
0 0
0 0
Parks Maintenance
0 1,372
0 1,372
Building
3,074,244
3,020,000
3,453,890
3,020,000
Planning
640,803
633,049
568,138
633,049
Police
93,805
161,575
213,631
161,575
Fire
1,172,635
1,383,200
1,810,575
1,383,200
Development Fees
341,599
169,970
165,487
169,970
Fines and Forfeitures
Fines & Forfeitures
563,045
520,050
580,203
520,050
Use of Money and Property
Investment Interest
(2,097,251)
0 749,599
0 Lease/Rental Income
230,705
217,897
216,246
217,897
Other
63,284
55,000
103,108
55,000
Intergovernmental Revenues
Property Tax In Lieu Of VLF
9,195,968
9,897,473
9,897,474
9,897,473
Vehicle License Fees
130,279
120,000
112,676
120,000
Grants
16,508
13,045
13,045
13,045
Reimbursements
Capital Improvement Program
2,656,349
2,800,000
3,046,862
2,800,000
Pechanga IGA
368,219
374,107
374,107
374,107
Other Reimbursements
386,475
694,411
1,161,683
694,411
Operating Transfers In
Operating Transfers In
10,310,929
15,320,816
15,331,107
15,326,140
Contribution From Measure S
6,266,670
5,543,353
5,543,353
5,543,353
Miscellaneous
Miscellaneous
50,192
14,900
34,960
14,900
Total Revenues and Other Sources
103,705,445
112,297,442
115,300,348
112,302,766
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
5,324
0.03%
0 0.0%
0 0.0%
5,324 0.0%
t
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Description
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Internal Service Fund Allocations
Capital Outlay
Transfers
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 001 - GENERAL FUND
2022-23 Year to Date 2022-23 Q4 % Change
2021-22 Current Actuals Revised Requested from Current
Actuals Budget 6-30-2023 Budget Adjustments Budget
18,180,891
21,093,416
21,079,681
21,093,416
0 0.0%
53,829,052
64,095,494
59,751,752
64,095,494
0 0.0%
6,011,184
7,123,059
6,775,621
7,123,059
0 0.0%
821,501
617,083
463,576
617,083
0 0.0%
14,080,420
37,010,616
36,953,675
37,010,616
0 0.0%
92,923,048
129,939,668
125,024,306
129,939,668
0 0.0%
10,782,396
(17,642,226)
(9,723,958)
(17,636,902)
5,324
-0.03%
45,243,940
56,026,336
56,026,336
56,026,336
56,026,336
38,384,111
46,302,378
38,389,435
Fund Description
The General Fund is the main operating fund for the City of Temecula. It is used to account for all financial resources for the City that are not restricted to a special purpose and otherwise required to be accounted for in another fund. The General fund provides the resources necessary to sustain the day-to-day activities and pays for all administrative and operating expenditures.
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FUND: 002 - MEASURE S FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Taxes and Franchises
Transactions And Use Tax
39,199,804
39,971,000
38,311,796
39,971,000
0 0.0%
Use of Money and Property
Investment Interest
(215,735)
0 781,117
0 0
0.0%
Total Revenues and Other Sources
38,984,069
39,971,000
39,092,913
39,971,000
0 0.0%
Expenditures by Category
Transfers
29,523,899
56,661,742
27,776,347
56,661,742
0 0.0%
Total Expenditures and Other Financing Uses
29,523,899
56,661,742
27,776,347
56,661,742
0 0.0%
Excess of Revenues Over (Under) Expenditures
9,460,170
(16,690,742)
11,316,566
(16,690,742)
0 0.0%
Fund Balance, Beginning of Year
25,215,603
34,675,773
34,675,773
34,675,773
Fund Balance, End of Year
34,675,773
17,985,030
45,992,339
17,985,030
Fund Description
Measure S, approved by the voters on November 8, 2016, established a one -cent Transactions and Use Tax for the City. The measure was approved based on the commitment to maintain 9-1-1 emergency response times, prevent cuts to local paramedic/police/fire protection, school safety patrols, youth/after-school, senior and disabled services; improve freeway interchanges/reduce traffic and provide for other general services.
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FUND: 006 - FIRE FACILITY ACQUISITION FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Use of Money and Property
Investment Interest
0 0
29,523
0 0
0.0%
Operating Transfers In
Operating Transfers In
1,500,000
1,500,000
1,500,000
1,500,000
0 0.0%
Total Revenues and Other Sources
1,500,000
1,500,000
1,529,523
1,500,000
0 0.0%
Excess of Revenues Over (Under) Expenditures
1,500,000
1,500,000
1,529,523
1,500,000
0 0.0%
Fund Balance, Beginning of Year
0 1,500,000
1,500,000
1,500,000
Fund Balance, End of Year
1,500,000
3,000,000
3,029,523
3,000,000
Fund Description
This fund was established to accumulate resources necessary to acquire property for a future Fire Station, construct new Fire Station or refurbish existing Fire Stations.
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FUND: 100 -GAS TAX FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Taxes and Franchises
Gas Tax
2,631,694
2,825,546
2,792,342
2,825,546
0 0.0%
Use of Money and Property
Investment Interest
7,035
0 33,264
0 0
0.0%
Total Revenues and Other Sources
2,638,730
2,825,546
2,825,606
2,825,546
0 0.0%
Expenditures by Category
Transfers
2,740,607
2,825,546
2,825,606
2,825,606
60 0.0%
Total Expenditures and Other Financing Uses
2,740,607
2,825,546
2,825,606
2,825,606
60 0.0%
Excess of Revenues Over (Under) Expenditures
(101,877)
0 0
(60)
(60)
-100.0%
Fund Balance, Beginning of Year
101,877
()
()
()
Fund Balance, End of Year
()
()
()
(60)
Fund Description
This fund was established to account for the tax per gallon on the purchase of motor vehicle fuel imposed by the State of California. A portion is allocated to the City of Temecula as specified in the California Streets and Highways Code (SHC) (Sections 2013, 2105, 2107 and 2107.5). Gas Tax monies are restricted to the repair, maintenance and upkeep of City streets and roads, and the purchase of equipment used to maintain roads.
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 102 - ROAD MAINTENANCE REHABILITATION ACCOUNT (RMRA) FUND 2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Taxes and Franchises
Gas Tax
2,250,420
2,384,080
2,428,080
2,384,080
0 0.0%
Use of Money and Property
Investment Interest
(23,994)
0 54,376
0 0
0.0%
Total Revenues and Other Sources
2,226,427
2,384,080
2,482,456
2,384,080
0 0.0%
Expenditures by Category
Transfers
2,250,420
3,809,387
3,005,103
3,809,387
0 0.0%
Total Expenditures and Other Financing Uses
2,250,420
3,809,387
3,005,103
3,809,387
0 0.0%
Excess of Revenues Over (Under) Expenditures
(23,993)
(1,425,307)
(522,647)
(1,425,307)
0 0.0%
Fund Balance, Beginning of Year
1,585,330
1,561,337
1,561,337
1,561,337
Fund Balance, End of Year
1,561,337
136,030
1,038,689
136,030
Fund Description
This fund is to account for gasoline and vehicle registration taxes pursuant to the Road Repair and Accountability Act of 2017 (SB1 Beall).
Monies are collected by the State of California and allocated to local agencies for streets and roads projects and other transportation uses.
t
Alk
The Heart of Southern California
Wine Country
FUND: 103 - STREET MAINTENANCE FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Use of Money and Property
Investment Interest
(37,492)
0 117,536
0 0
0.0%
Operating Transfers In
Contribution From Measure S
2,000,000
2,000,000
2,000,000
2,000,000
0 0.0%
Total Revenues and Other Sources
1,962,508
2,000,000
2,117,536
2,000,000
0 0.0%
Expenditures by Category
Transfers
0 3,600,000
3,600,000
3,600,000
0 0.0%
Total Expenditures and Other Financing Uses
0 3,600,000
3,600,000
3,600,000
0 0.0%
Excess of Revenues Over (Under) Expenditures
1,962,508
(1,600,000)
(1,482,464)
(1,600,000)
0 0.0%
Fund Balance, Beginning of Year
3,461,494
5,424,002
5,424,002
5,424,002
Fund Balance, End of Year
5,424,002
3,824,002
3,941,537
3,824,002
Fund Description
This fund was established to accumulate resources for the future replacement of streets and roads throughout the City.
Adk
l]]
c7"
f
The Heart of Southern California
Wine Country
FUND: 105 - NPDES IN LIEU FEES FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Development Fees
1,943
175,743
599,063
175,743
0 0.0%
Use of Money and Property
Investment Interest
(3)
0 2,012
0 0
0.0%
Total Revenues and Other Sources
1,940
175,743
601,076
175,743
0 0.0%
Excess of Revenues Over (Under) Expenditures
1,940
175,743
601,076
175,743
0 0.0%
Fund Balance, Beginning of Year
0 1,940
1,940
1,940
Fund Balance, End of Year
1,940
177,683
603,016
177,683
Fund Description
This fund was established to account for the collection of In Lieu fees associated with the National Pollutant Discharge Elimination System (NPDES).
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 106 - UPTOWN TEMECULA NEW STREETS IN -LIEU FEES
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Development Impact Fees
0 0
0 0
0 0.0%
Use of Money and Property
Investment Interest
(6,630)
0 16,999
0 0
0.0%
Total Revenues and Other Sources
(6,630)
0 16,999
0 0
0.0%
Expenditures by Category
Transfers
0 500,857
0 500,857
0 0.0%
Total Expenditures and Other Financing Uses
0 500,857
0 500,857
0 0.0%
Excess of Revenues Over (Under) Expenditures
(6,630)
(500,857)
16,999
(500,857)
0 0.0%
Fund Balance, Beginning of Year
895,391
888,761
888,761
888,761
Fund Balance, End of Year
888,761
387,904
905,760
387,904
Fund Description
This fund was established in conjunction with the adoption of the Uptown Temecula Specific Plan New Streets In -Lieu Fee. The Specific Plan requires developers to dedicate right-of-way and construct new street improvements adjacent to or through their development sites.
Developers within the Specific Plan who cannot contribute right-of-way and/or build new streets will be charged a new streets in -lieu fee.
Adk
l]]
c7"
f
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 108 - ARPA
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Intergovernmental Revenues
Grants
7,039,754
7,039,754
7,039,754
7,039,754
0 0.0%
Total Revenues and Other Sources
7,039,754
7,039,754
7,039,754
7,039,754
0 0.0%
Expenditures by Category
Transfers
7,039,754
7,039,754
7,039,754
7,039,754
0 0.0%
Total Expenditures and Other Financing Uses
7,039,754
7,039,754
7,039,754
7,039,754
0 0.0%
Excess of Revenues Over (Under) Expenditures
0 0
0 0
0 0.0%
Fund Balance, Beginning of Year
0 0
0 Fund Balance, End of Year
0 0
0 0
Fund Description
This fund was established to account for the receipt of Federal 2021-22 American Rescue Plan Act (ARPA) funds
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 110 - COVID-19 PANDEMIC COMMUNITY REINVESTMENT PROGRAM 2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Operating Transfers In
Operating Transfers In
7,040,000
7,040,000
7,040,000
7,040,000
0 0.0%
Total Revenues and Other Sources
7,040,000
7,040,000
7,040,000
7,040,000
0 0.0%
Expenditures by Category
Salaries & Benefits
5,106
24,067
30,205
24,067
0 0.0%
Operations & Maintenance
0 2,483,665
2,398,739
2,483,665
0 0.0%
Transfers
0 4,500,000
500,000
4,500,000
0 0.0%
Total Expenditures and Other Financing Uses
5,106
7,007,732
2,928,944
7,007,732
0 0.0%
Excess of Revenues Over (Under) Expenditures
7,034,894
32,268
4,111,056
32,268
0 0.0%
Fund Balance, Beginning of Year
0 7,034,894
7,034,894
7,034,894
Fund Balance, End of Year
7,034,894
7,067,162
11,145,950
7,067,162
Fund Description
This fund was established in Fiscal Year 2021-22 to provide various community grants to support the local economy in its recovery from the COVID-19 global pandemic. Available General Fund balance was transferred into this fund to establish this new program.
Alk
The Heart of Southern California
Wine Country
FUND: 120 - DEVELOPMENT IMPACT FEES FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Development Impact Fees
2,445,390
6,708,016
8,057,121
6,708,016
0 0.0%
Quimby Fees
1,952,029
3,479,035
2,238,980
3,479,035
0 0.0%
Use of Money and Property
Investment Interest
(43,616)
0 223,188
0 0
0.0%
Total Revenues and Other Sources
4,353,803
10,187,051
10,519,288
10,187,051
0 0.0%
Expenditures by Category
Transfers
264,039
11,107,485
6,814,690
11,107,485
0 0.0%
Total Expenditures and Other Financing Uses
264,039
11,107,485
6,814,690
11,107,485
0 0.0%
Excess of Revenues Over (Under) Expenditures
4,089,764
(920,434)
3,704,598
(920,434)
0 0.0%
Fund Balance, Beginning of Year
3,564,979
7,654,743
7,654,743
7,654,743
Fund Balance, End of Year
7,654,743
6,734,309
11,359,340
6,734,309
Fund Description
This fund accounts for the development impact fees received as a result of development activity within the City. The fees are primarily used to fund Capital Improvement Projects designed to mitigate the impacts of development projects.
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 125 - PUBLIC EDUCATION & GOVERNMENT (PEG) FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Taxes and Franchises
Peg Fees
198,322
185,000
175,292
185,000
0 0.0%
Use of Money and Property
Investment Interest
(5,266)
0 15,254
0 0
0.0%
Total Revenues and Other Sources
193,057
185,000
190,546
185,000
0 0.0%
Expenditures by Category
Capital Outlay
106,045
140,223
21,895
140,223
0 0.0%
Total Expenditures and Other Financing Uses
106,045
140,223
21,895
140,223
0 0.0%
Excess of Revenues Over (Under) Expenditures
87,011
44,777
168,652
44,777
0 0.0%
Fund Balance, Beginning of Year
623,661
710,672
710,672
710,672
Fund Balance, End of Year
710,672
755,449
879,324
755,449
Fund Description
This fund was established to account for Public Education and Government (PEG) fees. Fees received from local cable operators for the sole purpose of supporting the access facilities and activities within the City.
t
Alk
The Heart of Southern California
Wine Country
FUND: 140 - COMMUNITY DEV BLOCK GRANT FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Intergovernmental Revenues
Community Development Block Grant
646,010
1,299,843
376,702
1,299,843
0 0.0%
CDBG - CV GRANTS
329,000
0 0
0 0
0.0%
CDBG - CV2 GRANTS
125,182
739,582
15,184
739,582
0 0.0%
Total Revenues and Other Sources
1,100,192
2,039,425
391,885
2,039,425
0 0.0%
Expenditures by Category
Salaries & Benefits
36,635
36,836
38,179
36,836
0 0.0%
Operations & Maintenance
317,891
313,962
251,691
313,962
0 0.0%
Transfers
354,159
1,797,176
163,722
1,797,176
0 0.0%
Total Expenditures and Other Financing Uses
708,685
2,147,974
453,593
2,147,974
0 0.0%
Excess of Revenues Over (Under) Expenditures
391,506
(108,549)
(61,707)
(108,549)
0 0.0%
Fund Balance, Beginning of Year
(282,957)
108,549
108,549
108,549
Fund Balance, End of Year
108,549
46,842
Fund Description
This fund was established to account for grants received from the U.S. Department of Housing and Urban Development (HUD). The grants are used for the redevelopment of a viable community by providing decent housing, a suitable living environment, and for expanding opportunities, principally for persons of low and moderate income.
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 145 - TEMECULA ENERGY EFFICIENCY ASSET (TEAM) FUND 2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Use of Money and Property
Investment Interest
(6,210)
0 16,572
0 0
0.0%
Total Revenues and Other Sources
(6,210)
0 16,572
0 0
0.0%
Expenditures by Category
Transfers
0 698,929
115,807
698,929
0 0.0%
Total Expenditures and Other Financing Uses
0 698,929
115,807
698,929
0 0.0%
Excess of Revenues Over (Under) Expenditures
(6,210)
(698,929)
(99,235)
(698,929)
0 0.0%
Fund Balance, Beginning of Year
839,738
833,528
833,528
833,528
Fund Balance, End of Year
833,528
134,599
734,293
134,599
Fund Description
This fund was established to capture energy efficiency rebates and reimbursements as well as expenditure savings resulting from energy efficiency projects completed at various City facilities. Revenue collected in this fund will be utilized on future energy efficiency projects.
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 150 - AB 2766 MOTOR VEHICLE SUBVENTION FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Use of Money and Property
Investment Interest
(1,851)
0 6,371
0 0
0.0%
Intergovernmental Revenues
AB2766 Motor Vehicle Subvention
106,782
150,174
182,197
150,174
0 0.0%
Total Revenues and Other Sources
104,930
150,174
188,568
150,174
0 0.0%
Expenditures by Category
Operations & Maintenance
20,000
10,000
10,000
10,000
0 0.0%
Transfers
6,700
427,889
38,044
427,889
0 0.0%
Total Expenditures and Other Financing Uses
26,700
437,889
48,044
437,889
0 0.0%
Excess of Revenues Over (Under) Expenditures
78,230
(287,715)
140,524
(287,715)
0 0.0%
Fund Balance, Beginning of Year
172,301
250,531
250,531
250,531
Fund Balance, End of Year
250,531
(37,184)
391,055
(37,184)
Fund Description
This fund was established to account for subvention funds that are used to implement programs and projects that reduce air pollution from motor vehicles. AB2766 Funds are derived from a Motor Vehicle Registration fee surcharge. Local governments are allocated $1.60 for every eligible vehicle registered within the South Coast Air Quality Management District. Funds are disbursed based on the City's population as a percentage of the total population within the District. This fund is used for Capital projects and the City's share of WRCOG's Clean Cities Coalition.
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 160 - SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Use of Money and Property
Investment Interest
908
0 2,722
0 0
0.0%
Intergovernmental Revenues
SLESF Grant
277,001
280,000
282,541
280,000
0 0.0%
Total Revenues and Other Sources
277,909
280,000
285,263
280,000
0 0.0%
Expenditures by Category
Transfers
364,530
280,000
285,263
285,264
5,264
1.88%
Total Expenditures and Other Financing Uses
364,530
280,000
285,263
285,264
5,264
1.88%
Excess of Revenues Over (Under) Expenditures
(86,621)
0 0
(5,264)
(5,264)
-100.0%
Fund Balance, Beginning of Year
86,621
Fund Balance, End of Year
(5,264)
Fund Description
This fund was established to account for the Supplemental Law Enforcement Services grant monies from the State of California which are provided to assist cities in delivering front line law enforcement services. These monies supplement existing services and may not be used to supplant any existing funding for law enforcement services provided by the City.
City of Temecula
Fiscal Year 2022-23
( The Heart of southern California Quarterly Budget Report Wine Country
FUND: 161 - TEMECULA MAJOR CRIMES REWARD FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Use of Money and Property
Investment Interest
(255)
0 0
0 0
0.0%
Total Revenues and Other Sources
(255)
0 0
0 0
0.0%
Expenditures by Category
Transfers
26,952
0 0
0 0
0.0%
Total Expenditures and Other Financing Uses
26,952
0 0
0 0
0.0%
Excess of Revenues Over (Under) Expenditures
(27,207)
0 0
0 0
0.0%
Fund Balance, Beginning of Year
27,207
Fund Balance, End of Year
Fund Description
This fund was established to account for a reward for information that leads to the capture and conviction of the person(s) responsible for the murder of Larry Robinson and Justin Triplett. The General Fund contributed $25,000 and the public can also contribute to this fund. The fund was established in accordance with Resolution Nos. 13-25 and 15-37. In April of 2018, Council adopted Resolution No. 18-24 for the continuation of the reward for an additional three years (to March 22, 2021) to assist the Sheriff in the investigation since no person has been arrested for the Larry Robinson murder.
t
Alk
The Heart of Southern California
Wine Country
FUND: 165 - AFFORDABLE HOUSING FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Taxes and Franchises
Redevelopment Property Tax Fund Distribution
0 900,000
2,450,971
900,000
0 0.0%
Use of Money and Property
Investment Interest
(13,847)
0 105,750
0 0
0.0%
Lease/Rental Income
(14,301)
0 12,600
0 0
0.0%
Other
0 0
6,153
0 0
0.0%
Intergovernmental Revenues
Agency Trust Contribution
250,000
250,000
250,000
250,000
0 0.0%
Reimbursements
Other Reimbursements
0 0
13,898
0 0
0.0%
Operating Transfers In
Operating Transfers In
0 6,503,330
0 6,503,330
0 0.0%
Total Revenues and Other Sources
221,852
7,653,330
2,839,371
7,653,330
0 0.0%
Expenditures by Category
Salaries & Benefits
240,712
233,329
223,488
233,329
0 0.0%
Operations & Maintenance
37,088
275,518
88,359
275,518
0 0.0%
Internal Service Fund Allocations
34,060
37,802
36,787
37,802
0 0.0%
Transfers
0 7,403,330
2,450,971
7,403,330
0 0.0%
Total Expenditures and Other Financing Uses
311,860
7,949,979
2,799,604
7,949,979
0 0.0%
Excess of Revenues Over (Under) Expenditures
(90,008)
(296,649)
39,767
(296,649)
0 0.0%
Fund Balance, Beginning of Year
12,054,618
11,964,610
11,964,610
11,964,610
Fund Balance, End of Year
11,964,610
11,667,961
12,004,377
11,667,961
Fund Description
The Affordable Housing fund contains the assets as well as loan and rental income which have been transferred to the City of Temecula from the former Redevelopment Agency .
t
Alk
The Heart of Southern California
Wine Country
FUND: 170 - MEASURE A FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments Budget
Revenues by Source
Use of Money and Property
Investment Interest
(74,771)
0 166,036
0 0 0.0%
Intergovernmental Revenues
Measure A
4,141,441
4,334,000
4,503,516
4,334,000
0 0.0%
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Transfers
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
4,066,670
4,334,000
4,669,552
4,334,000
0 0.0%
1,599,339
2,834,725
2,968,379
7,319,935
2,729,188
3,907,518
2,968,379
7,319,935
0 0
0.0%
0.0%
4,434,064
10,288,314
6,636,706
10,288,314
0 0.0%
(367,394)
(5,954,314)
(1,967,154)
(5,954,314)
0 0.0%
9,430,636
9,063,242
9,063,242
9,063,242
9,063,242
3,108,928
7,096,088
3,108,928
Fund Description
This fund was established to account for the City's allocation of the County of Riverside's additional one-half percent sales tax for transportation. These monies are restricted for use on local streets. In 2002, Measure A was extended by Riverside County voters. Measure A will continue to fund transportation improvements through 2039.
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FUND: 198 - PUBLIC ART FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Public Art
41,837
14,000
95,599
14,000
0 0.0%
Use of Money and Property
Investment Interest
(941)
0 3,463
0 0
0.0%
Total Revenues and Other Sources
40,896
14,000
99,062
14,000
0 0.0%
Expenditures by Category
Operations & Maintenance
0 30,000
4,630
30,000
0 0.0%
Total Expenditures and Other Financing Uses
0 30,000
4,630
30,000
0 0.0%
Excess of Revenues Over (Under) Expenditures
40,896
(16,000)
94,432
(16,000)
0 0.0%
Fund Balance, Beginning of Year
91,099
131,995
131,995
131,995
Fund Balance, End of Year
131,995
115,995
226,427
115,995
Fund Description
This fund was established pursuant to Temecula Municipal Code Section 5.08.040, whereby the fund serves a a depository for the fees paid in lieu of art as well as monetary donations for public art. The Public Art In Lieu fee is one -tenth of one percent of an eligible development project in excess of $100,000. Eligible uses of this fund include the design, acquisition, installation, improvement, maintenance and insurance of public artwork; offering of performing arts programs on City property for the community; and art education programs on City property for the community.
City of Temecula
Fiscal Year 2022-23
( The Heart of southern California Quarterly Budget Report Wine Country
FUND: 210 - CAPITAL IMPROVEMENT PROGRAM FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Development Impact Fees
124,952
7,513,533
4,319,145
7,513,533
0 0.0%
Quimby Fees
0 3,593,952
2,320,029
3,593,952
0 0.0%
Intergovernmental Revenues
Grants
639,405
116,944,421
3,980,799
116,944,421
0 0.0%
Reimbursements
Pechanga IGA
5,000,000
1,150,000
1,700,000
1,150,000
0 0.0%
Other Reimbursements
2,586,537
36,878,563
2,161,240
36,878,563
0 0.0%
Operating Transfers In
Operating Transfers In
13,886,867
46,934,177
14,487,746
46,934,177
0 0.0%
Contribution From Measure S
8,347,949
35,708,494
7,001,860
35,708,494
0 0.0%
Total Revenues and Other Sources
30,585,710
248,723,140
35,970,820
248,723,140
0 0.0%
Expenditures by Category
CIP
33,303,470 255,004,607
40,651,364
255,004,607
0 0.0%
Total Expenditures and Other Financing Uses
33,303,470
255,004,607
40,651,364
255,004,607
0 0.0%
Excess of Revenues Over (Under) Expenditures
(2,717,760)
(6,281,467)
(4,680,544)
(6,281,467)
0 0.0%
Fund Balance, Beginning of Year
14,101,019
11,383,259
11,383,259
11,383,259
Fund Balance, End of Year
11,383,259
5,101,792
6,702,714
5,101,792
Fund Description
This fund was established to account for the City's Capital Improvement Program revenues and expenditures.
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FUND: 300 - INSURANCE FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Charges For Services
1,380,637
1,517,257
1,944,246
1,517,257
0 0.0%
Use of Money and Property
Investment Interest
(9,398)
0 28,392
0 0
0.0%
Total Revenues and Other Sources
1,371,239
1,517,257
1,972,638
1,517,257
0 0.0%
Expenditures by Category
Salaries & Benefits
136,378
156,147
176,376
156,147
0 0.0%
Operations & Maintenance
1,253,657
1,871,109
1,850,294
1,871,109
0 0.0%
Total Expenditures and Other Financing Uses
1,390,035
2,027,257
2,026,669
2,027,257
0 0.0%
Excess of Revenues Over (Under) Expenditures
(18,795)
(510,000)
(54,031)
(510,000)
0 0.0%
Fund Balance, Beginning of Year
828,918
810,123
810,123
810,123
Fund Balance, End of Year
810,123
300,123
756,091
300,123
Fund Description
The Insurance Fund was established to account for the City's liability and property insurance costs. Fund Balance is a combination of both spendable and non spendable assets. These costs are allocated to each department based on the total number of Full Time Equivalent positions assigned to those departments. The City has a Self -Insured Retention (SIR) of $150,000 per incident, and strives to maintain a fund balance equal to three times the SIR.
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FUND: 305 - WORKERS' COMPENSATION FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Charges For Services
0 437,718
370,908
437,718
0 0.0%
Use of Money and Property
Investment Interest
(12,896)
0 27,413
0 0
0.0%
Reimbursements
Other Reimbursements
0 0
2,137
0 0
0.0%
Total Revenues and Other Sources
(12,896)
437,718
400,458
437,718
0 0.0%
Expenditures by Category
Salaries & Benefits
120,869
156,260
176,375
156,260
0 0.0%
Operations & Maintenance
226,948
356,607
401,729
421,907
65,300
18.31%
Total Expenditures and Other Financing Uses
347,817
512,867
578,104
578,167
65,300
12.73%
Excess of Revenues Over (Under) Expenditures
(360,713)
(75,149)
(177,646)
(140,449)
(65,300)
86.89%
Fund Balance, Beginning of Year
2,038,333
1,677,620
1,677,620
1,677,620
Fund Balance, End of Year
1,677,620
1,602,471
1,499,975
1,537,171
Fund Description
The Workers' Compensation Fund was established in Fiscal Year 2014-15 as the City transitions to a self -insured status for Workers' Compensation liabilities. Departments are charged based on each position allocated on a Full Time Equivalent basis, with a cost assigned to each position based on job duties and potential for risk. The desired Net Position for this fund is $1.5 million, which represents three -times the City's Self -Insured Retention amount of $500,000.
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FUND: 310 - VEHICLES AND EQUIPMENT FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Charges For Services
341,896
464,445
348,495
464,445
0 0.0%
Use of Money and Property
Investment Interest
(20,047)
0 62,796
0 0
0.0%
Operating Transfers In
Contribution From Measure S
500,000
500,000
500,000
500,000
0 0.0%
Total Revenues and Other Sources
821,849
964,445
911,291
964,445
0 0.0%
Expenditures by Category
Operations & Maintenance
376,267
0 380,695
0 0
0.0%
Capital Outlay
0 708,595
600
708,595
0 0.0%
Total Expenditures and Other Financing Uses
376,267
708,595
381,295
708,595
0 0.0%
Excess of Revenues Over (Under) Expenditures
445,582
255,850
529,997
255,850
0 0.0%
Fund Balance, Beginning of Year
4,273,712
4,719,294
4,719,294
4,719,294
Fund Balance, End of Year
4,719,294
4,975,143
5,249,290
4,975,143
Fund Description
The Vehicles and Equipment Fund was established to account for the depreciation of vehicles and capital equipment over their estimated useful lives, and to accumulate resources for the purchase of future replacement vehicles and equipment. Fund Balance is a combination of both spendable and non spendable assets. Departments are charged based on the replacement costs for each asset benefitting the department.
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FUND: 320 - INFORMATION TECHNOLOGY FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Charges For Services
4,477,549
5,612,925
4,812,964
5,612,925
0 0.0%
Use of Money and Property
Investment Interest
(15,680)
0 31,691
0 0
0.0%
Operating Transfers In
Contribution From Measure S
300,000
300,000
300,000
300,000
0 0.0%
Total Revenues and Other Sources
4,761,869
5,912,925
5,144,655
5,912,925
0 0.0%
Expenditures by Category
Salaries & Benefits
2,204,994
2,534,960
2,633,369
2,534,960
0 0.0%
Operations & Maintenance
2,410,863
2,692,425
2,141,528
2,692,425
0 0.0%
Internal Service Fund Allocations
2,660
2,660
2,660
2,660
0 0.0%
Capital Outlay
0 115,000
23,360
115,000
0 0.0%
Total Expenditures and Other Financing Uses
4,618,517
5,345,045
4,800,917
5,345,045
0 0.0%
Excess of Revenues Over (Under) Expenditures
143,352
567,880
343,738
567,880
0 0.0%
Fund Balance, Beginning of Year
1,305,662
1,449,014
1,449,014
1,449,014
Fund Balance, End of Year
1,449,014
2,016,894
1,792,752
2,016,894
Fund Description
The Information Technology Fund was established to fund and account for computer and telephone system operating and maintenance expenses. Fund Balance is a combination of both spendable and non spendable assets. Adjustments are made to Fund Balance to include additional spendable resources available for expenditure. Departments are charged based on the number of electronic devices assigned. The Ronald H. Roberts Temecula Public Library facility is charged directly for all IT expenditures and personnel costs related to the facility.
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FUND: 325 - TECHNOLOGY REPLACEMENT FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Charges For Services
190,474
160,000
177,577
160,000
0 0.0%
Use of Money and Property
Investment Interest
(15,493)
0 48,810
0 0
0.0%
Operating Transfers In
Contribution From Measure S
500,000
500,000
500,000
500,000
0 0.0%
Total Revenues and Other Sources
674,981
660,000
726,387
660,000
0 0.0%
Expenditures by Category
Operations & Maintenance
264,356
0 164,887
0 0
0.0%
Capital Outlay
0 163,987
6,061
163,987
0 0.0%
Transfers
0 763,534
0 763,534
0 0.0%
Total Expenditures and Other Financing Uses
264,356
927,521
170,949
927,521
0 0.0%
Excess of Revenues Over (Under) Expenditures
410,625
(267,521)
555,438
(267,521)
0 0.0%
Fund Balance, Beginning of Year
2,060,546
2,471,171
2,471,171
2,471,171
Fund Balance, End of Year
2,471,171
2,203,651
3,026,609
2,203,651
Fund Description
The Technology Replacement Fund was established in Fiscal Year 2014-15 in order to accumulate resources for computer and telephone equipment and software to fund future equipment replacement. Fund Balance is a combination of both spendable and non spendable assets.
Contributions to this fund are made by departments utilizing the assets in an amount equivalent to the estimated cost to replace the item at the end of its useful life.
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FUND: 330 - SUPPORT SERVICES FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Charges For Services
336,771
379,963
383,989
379,963
0 0.0%
Use of Money and Property
Investment Interest
(301)
0 552
0 0
0.0%
Total Revenues and Other Sources
336,470
379,963
384,541
379,963
0 0.0%
Expenditures by Category
Salaries & Benefits
239,455
253,946
269,472
253,946
0 0.0%
Operations & Maintenance
97,617
126,018
104,681
126,018
0 0.0%
Total Expenditures and Other Financing Uses
337,072
379,963
374,153
379,963
0 0.0%
Excess of Revenues Over (Under) Expenditures
(602)
()
10,389
()
0 0.0%
Fund Balance, Beginning of Year
4,024
3,422
3,422
3,422
Fund Balance, End of Year
3,422
3,422
13,811
3,422
Fund Description
The Support Services Fund was established as a cost center for the City's central receptionist, duplicating, printing, and mailing activities. It is also used to depreciate all related copying and mailing equipment over their useful lives, and to accumulate resources for the purchase of future equipment. Fund Balance is a combination of both spendable and non spendable assets. Departments are charged based on a count of copies made in the previous fiscal year.
City of Temecula
Fiscal Year 2022-23
( The Heart of southern California Quarterly Budget Report Wine Country
FUND: 335 - SUPPORT SERVICES REPLACEMENT FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Charges For Services
41,997
25,000
41,424
25,000
0 0.0%
Use of Money and Property
Investment Interest
(2,516)
0 6,718
0 0
0.0%
Lease/Rental Income
0 0
300
0 0
0.0%
Total Revenues and Other Sources
39,481
25,000
48,441
25,000
0 0.0%
Expenditures by Category
Operations & Maintenance
54,403
0 58,943
34,000
34,000
100.0%
Capital Outlay
0 25,000
0 25,000
0 0.0%
Total Expenditures and Other Financing Uses
54,403
25,000
58,943
59,000
34,000
136.0%
Excess of Revenues Over (Under) Expenditures
(14,922)
0 (10,502)
(34,000)
(34,000)
-100.0%
Fund Balance, Beginning of Year
404,324
389,402
389,402
389,402
Fund Balance, End of Year
389,402
389,402
378,901
355,402
Fund Description
The Support Services Replacement Fund was established to accumulate resources for the future replacement of the City's duplicating equipment.
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FUND: 340 - FACILITIES FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Charges For Services
1,475,674
1,651,435
1,634,859
1,651,435
0 0.0%
Use of Money and Property
Investment Interest
(5,485)
0 10,391
0 0
0.0%
Total Revenues and Other Sources
1,470,189
1,651,435
1,645,250
1,651,435
0 0.0%
Expenditures by Category
Salaries & Benefits
431,172
598,277
490,954
598,277
0 0.0%
Operations & Maintenance
1,049,988
1,058,708
1,149,586
1,058,708
0 0.0%
Total Expenditures and Other Financing Uses
1,481,160
1,656,985
1,640,540
1,656,985
0 0.0%
Excess of Revenues Over (Under) Expenditures
(10,971)
(5,550)
4,709
(5,550)
0 0.0%
Fund Balance, Beginning of Year
588,587
577,616
577,616
577,616
Fund Balance, End of Year
577,616
572,066
582,326
572,066
Fund Description
The Facilities Fund was established to account for the cost of the Civic Center, Former City Hall Facility, City Maintenance Facility, Field Operations Center, and Civic Center Parking Structure operations and maintenance. Fund Balance is a combination of both spendable and non spendable assets. Departments are charged based on square footage allotted as well as full time staff equivalents assigned.
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FUND: 350 - FACILITY REPLACEMENT FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Charges For Services
64,643
76,009
73,632
76,009
0 0.0%
Use of Money and Property
Investment Interest
(2,185)
0 14,402
0 0
0.0%
Operating Transfers In
Contribution From Measure S
660,000
660,000
660,000
660,000
0 0.0%
Total Revenues and Other Sources
722,458
736,009
748,034
736,009
0 0.0%
Expenditures by Category
Operations & Maintenance
105,338
0 89,084
0 0
0.0%
Capital Outlay
4,138
10,191
0 10,191
0 0.0%
Transfers
249,644
1,230,050
752,924
1,230,050
0 0.0%
Total Expenditures and Other Financing Uses
359,120
1,240,241
842,008
1,240,241
0 0.0%
Excess of Revenues Over (Under) Expenditures
363,338
(504,232)
(93,974)
(504,232)
0 0.0%
Fund Balance, Beginning of Year
382,769
746,107
746,107
746,107
Fund Balance, End of Year
746,107
241,875
652,133
241,875
Fund Description
The Facility Replacement Fund was established to accumulate resources for the future replacement of equipment, systems and fixtures within City -owned facilities.
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City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 395 - 2018 FINANCING LEASE (CIVIC CENTER) FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Operating Transfers In
Operating Transfers In
1,962,107
13,425,327
13,425,327
13,425,327
0 0.0%
Total Revenues and Other Sources
1,962,107
13,425,327
13,425,327
13,425,327
0 0.0%
Expenditures by Category
Operations & Maintenance
1,962,107
13,425,327
13,425,327
13,425,327
0 0.0%
Total Expenditures and Other Financing Uses
1,962,107
13,425,327
13,425,327
13,425,327
0 0.0%
Excess of Revenues Over (Under) Expenditures
0 ()
0 ()
0 0.0%
Fund Balance, Beginning of Year
0 0
0 0
Fund Balance, End of Year
0 ()
0 ()
Fund Description
This fund was established to account for the payment of interest and principal of the refunding of the 2001 and 2008 Certificates of Participation (COPS). The 2001 COPS were originally issued to finance the construction of the Community Recreation Center and the 2008 COPS were originally issued to finance the construction of the Civic Center. In Fiscal Year 2018-19, the terms of the lease were refinanced, lowering the interest rate from 3.75% to 3.42%. The term of the lease expires September 1, 2033.
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FUND: 396 - 2018 FINANCING LEASE (MRC) FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Operating Transfers In
Operating Transfers In
555,806
5,316,429
5,316,429
5,316,429
0 0.0%
Total Revenues and Other Sources
555,806
5,316,429
5,316,429
5,316,429
0 0.0%
Expenditures by Category
Operations & Maintenance
555,806
5,316,429
5,316,429
5,316,429
0 0.0%
Total Expenditures and Other Financing Uses
555,806
5,316,429
5,316,429
5,316,429
0 0.0%
Excess of Revenues Over (Under) Expenditures
0 ()
0 ()
0 0.0%
Fund Balance, Beginning of Year
0 0
0 0
Fund Balance, End of Year
0 ()
0 ()
Fund Description
This fund was established to account for the payments of interest and principal related to the financing of the rehabilitation of the Margarita Recreation Center (MRC). The Lease Agreement, dated August 1, 2018, generated $6.5 million in proceeds at an interest rate of 3.42%. The Term of the lease expires September 1, 2033,
Item No. 5
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 12, 2023
SUBJECT: Adopt Ordinance No. 2023-13 Amending Title 5 and 17 of the Temecula Municipal Code Making Various Technical Revisions (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled:
ORDINANCE NO. 2023-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLES 5 AND 17 OF THE
TEMECULA MUNICIPAL CODE MAKING MINOR
REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY
DWELLING UNIT, HOME OCCUPATION PERMITS, AND
TEMPORARY USE PERMIT REGULATIONS, ESTABLISH
BATTERY STORAGE AND SHIPPING CONTAINER
STANDARDS, CLARIFY THE PERMITTED USES ALLOWED
IN THE OPEN SPACE -CONSERVATION DISTRICT, MODIFY
THE DEFINITION OF SPECIALTY MARKET AND
RESTAURANT, ADD DEFINITION FOR HEALTH AND
EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS
AND MAKE A FINDING OF EXEMPTION UNDER
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES SECTION 15061 (13)(3)
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. 2023-13 was first introduced at the regularly scheduled meeting of November 28, 2023.
FISCAL IMPACT: None
ATTACHMENTS: Ordinance No. 2023-13
ORDINANCE NO.2023-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 5 AND 17 OF THE
TEMECULA MUNICIPAL CODE MAKING MINOR
REVISIONS TO MASSAGE ESTABLISHMENT,
ACCESSORY DWELLING UNIT, HOME OCCUPATION
PERMITS, AND TEMPORARY USE PERMIT
REGULATIONS, ESTABLISH BATTERY STORAGE AND
SHIPPING CONTAINER STANDARDS, CLARIFY THE
PERMITTED USES ALLOWED IN THE OPEN SPACE -
CONSERVATION DISTRICT, MODIFY THE DEFINITION
OF SPECIALTY MARKET AND RESTAURANT, ADD
DEFINITION FOR HEALTH AND EXERCISE CLUBS,
MAKE OTHER CLERICAL REVISIONS AND MAKE A
FINDING OF EXEMPTION UNDER CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
SECTION 15061 (11)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that:
A. City staff identified the need to make minor revisions and clarifications to portions of Title 5 (Business Licenses and Regulations), and Title 17 (Zoning) of the Temecula Municipal Code.
B. As required by State law, the Planning Commission considered the proposed amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Code Amendments") on November 1, 2023, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter.
C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted PC Resolution No. 2023-20, recommending that the City Council approve the Code Amendments.
D. The City Council, at a regular meeting, considered the Ordinance on November 28, 2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter.
E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.
Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:
1. The proposed uses are allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan.
Except for the amendments pertaining to the Open Space -Conservation (OS-C) Zoning designation, none of the proposed Code Amendments change the types of uses allowed in City.
The Code Amendments remove riding stables and shooting galleries as conditionally permitted uses the OS-C zoning designation. These uses are inconsistent with the Open Space land use designation and are being removed to correct an inconsistency within the code.
2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan.
The proposed changes to Title 17 conform with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed changes modify the time the Office of Administrative Hearing has to render a decision on massage appeal is consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan, which is to ensure "Orderly, and efficient patterns of growth that enhance quality of life for Temecula residents." Implementing an Accessory Dwelling Unit (ADU) addressing policy furthers Goal 4 of the Public Safety Element of the General Plan which states, "An effective response of emergency services following a disaster." Adopting development standards for external staircases, security bars, storage/shipping containers and grid scale energy storage facilities furthers Goal 6 of the Land Use Element of the General Plan which is to ensure, "A development pattern that preserves aesthetics and enhances the environmental resources of the Planning Area." The definition modifications further clarify what use constitutes a "Specialty Market," and "Health and Exercise Club" in furtherance of Goal 5 of the Land Use Element of the General Plan which states, "A land use pattern that protects and enhances residential neighborhoods." The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and a correction of typographical edits and do not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan.
3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein.
The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments do not create or allow new uses where they were not previously allowed. Only the revisions to the Open Space -Conservation (OS-C) Zoning district impact the use of land. The Code Amendments remove riding stables and shooting galleries as permitted uses in the OS-C zoning designation.
These uses are inconsistent with the types of uses permitted in the OS-C Zoning district and are being removed to correct an inconsistency within the code. 2 Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Code Amendments would have a significant impact on the environment. The Code Amendments impose regulations on existing uses, but do not increase the intensity or density of any land use or allow any development where it was not otherwise permitted. The Community Development Director is hereby directed to file a Notice of Exemption in accordance with CEQA and the State CEQA Guidelines.
Section 4. Subsection 5.22.140(D)(6) of Section 5.22.140(D) (Appeal) of Chapter
5.22.140 (Revocation, Permit Denial and Appeal) of 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 5.22.140 remaining unchanged:
646. The hearing officer may uphold, modify or reverse the decision of the chief of police. Within ten thirty (30 days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision.
He or she shall send the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of it to the chief of police and the appellant, along with a proof of mailing."
Section 5. Subsection "G" (Exemptions) is hereby added to Section 17.04.020 (Temporary Use Permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.04.020 remaining unchanged:
G. Exemptions. The following entities or organizations are exempt from the requirements of this section:
1. City, state, federal, school district, community college district, or other public agencies' events when the events are conducted wholly on that agency's property or with the consent of another public property owner and when the events do not require public road closures or encroachment upon adjacent public streets.
Section 6. Subsection "15" (Commercial Vehicles) is hereby added to Section
17.04.030 (Home Occupation Permits.) of Chapter 17 (Awesome chapter) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.04.020 remaining unchanged:
D. Requirements for Approval, Conditional Approval or Denial of a Home Occupation Permit.
3 15. A maximum of two vehicles shall be dedicated to the home occupation. This two -vehicle limit includes instances where more than one home occupation permit is issued for the same residence.
Section 7. Table 17.06.030 (Schedule of Permitted Uses — Residential Districts) of Section 17.06.030 (Use regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.06.030 remaining unchanged:
Description of Use
Residential
Single-family detached
Duplex (two-family dwellings)
Single-family attached (greater than two
units)
Multifamily
Manufactured homes
Mobilehome park
Facilities for the mentally disordered,
disabled, or dependent or neglected children
(six or fewer)
Facilities for the mentally disordered,
disabled, or dependent or neglected children
(seven to twelve)
Alcoholism or drug abuse recovery or
treatment facility (six or fewer)
Alcoholism or drug abuse recovery or
treatment facility (seven or more)
Residential care facilities for the elderly (six
or fewer)
Residential care facilities for the elderly
(seven or more)
Residential care facilities (six or fewer)
Residential care facilities (seven or more)
Congregate care residential facilities for the
elderly,
Boarding, rooming and lodging facilities
Accessory dwelling units
Guest house
Family day care homes —small and
Day care centers
Bed and breakfast establishments6
Emergency shelters
Transitional housing,
Supportive housing,
Table 17.06.030
Residential Districts
HR
RR
VL
I L-
1 L-
2 LM
M
H
HR-SM'
P
P
P
P
P
P
P
-
P
2,13
2,13
2,13
P13
P13
_
-
-
-
-
-
P
P
P
-
P13
P13
_
P
P
P
P
P
P
P
P
P
-
-
o
C
C
C
C
C
-
P
P
P
P
P
P
P
P
P
C
C
I C
C
I C
I C
P
P
C
P
P
P
P
P
P
P
P
P
C
C
C,
C
C
C
P
P
C
P
P
P
P
P
P
P
P
P
�0000000®
�aaaaaoo�
©�00000��
�0�0000��
�000000��
4 Efficiency units - - - - - - P P -
Nonresidential
Agriculture/open sace uses6
P
P
P
P
P
P
P
P
C
Religious institutions
C
C
C
C
C
C
C
C
C
Public utility facilities
C
C
C
C
C
C
C
C
C
Educational institutions
C
C
C
C
C
C
C
C
C
Libraries
C
C
o
C
C
C
C
C
-
Commercial marijuana activity
-
-
-
-
-
-
-
-
-
Marijuana cultivationlo
-
-
-
-
-
-
-
-
-
Medical marijuana dispensaries
-
-
-
-
-
-
-
-
-
Museums and art galleries (not for profit)
C
C
o
C
C
C
C
C
-
Commercial kennels, commercial catteries,
or cat/dog training center12
Noncommercial kennel
-
-
-
-
-
-
-
-
-
Noncommercial cattery-
-
-
-
-
-
-
-
Large animals horses, cattle, and mules)"
-
P
P
P
P
-
-
-
-
Small animals (burros, pigs, ponies and
sheep) 12
P
P
P
P
P
P
Temporary real estate tract offices
P
P
P
P
P
P
P
P
P
Recreational vehicle storage yard3
-
C
C,
C
C
C
C
C
-
Parking for commercial uses
-
-
-
-
-
-
P
P
Nonprofit clubs and lodge halls
-
-
-
-
-
-
P
P
-
Convalescent facilities
-
-
-
-
-
-
P
P
-
Golf courses
C
C
o
C
C
C
C
C
-
Home occupations
P
P
P
P
P
P
P
P
P
Construction trailers, 6
P
P
P
P
P
P
P
P
P
Short-term rentals
-
-
-
-
-
-
-
-
-
Animal keeping 12
-
P
P
P
P
P
P
P
-
Apiaries or beekeeping12
-
P
P
P
P
P
P
P
-
Poultry12
-
P
P
P
P
P
P
-
-
Outdoor aviary'2
-
P
P
P
P
P
P
P
-
Notes:
1. Transitional housing and supportive housing shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
2. A duplex or two-family dwelling may be permitted on corner lots with a planned development overlay pursuant to the provisions of Chapter 17.22 of this title.
3. Subject to the provisions of Section 17.24.020(D)(2) of this title.
4. Allowed only with a single-family residence.
5. The director of planning shall have the discretion to waive submittal of an administrative development plan, if it is determined that the construction trailer will not have an adverse impact on adjacent residences or businesses.
6. Subject to the supplemental development standards contained in Chapter 17.10 of this title.
7. Not used.
8. These uses are not permitted within the Nicolas Valley rural preservation area, as identified in Figure LU-5 of the land use element of the general plan.
9. Development within the HR-SM zoning district is subject to Section 17.06.080, Hillside development standards.
10. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code.
11. Legal nonconforming single-family residences will be permitted to construct accessory dwelling units if they meet the requirements of this Section 17.06.050(K).
12. Subject to the supplemental development standards contained in Chapter Title 6 6.04 of this code.
Section 8. Table 17.06.040 (Development Standards — Residential Districts) of Section
17.06.040 (Development Standards.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning)
of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.06.040 remaining unchanged:
Table 17.06.040 Develo ment Standards —Residential Districts Residential Development
HR
RR
VL
L-1
I L-2
LM
M
H
HR-SM
Standards
I
I
I
I
Lot Area
Minimum net lot area (sq.
-
-
-
-
-
7,200
2 7,200
-
-
ft.)
Minimum net lot area
10 5
2.5 1
'h
-
-
-
10 (acres)
Density range (dwelling
<0 1
0.1-
0.2-
0.5-
0.5-
3.0-
7.0-
13.0-
<0.1
units per net acre')
0.2 0.4
2.9 2.9
6.9 12.9
20.0 Lot Dimensions
Minimum lot frontage at
50 50
40 40
30 30
30 30
50 front property line (feet)
Minimum lot frontage for a
flag lot at the front property
40 40
30 30
25 20
20 20
40 line (feet)
Minimum width at required
100
100
100
70 50
50 40
30 100
front setback area (feet)
Minimum average width
100
100
80 70
60 50
50 50
100
(feet)
Minimum lot depth (feet)
150
150
120
l 00
90 80
80 100
150
Setbacks
Minimum front yard (feet)
40 40
25 25
151
103
103
20 4
Avg.
40 Minimum corner side yard
40 40
15 15
15 15
15 15
40 (feet)
Minimum interior side yard
25 25
10 10
10 Variables
Variables
25 (feet)
IVariables
Setbacks (continued)
Minimum rear yard (feet)
25 1 25
20 20
1 20
1 20
1 20
20 25
Other Requirements
Maximum height (feet)
35 35
35 35
35 35
40 50
Subject to
Section 17.06.080
Maximum percent of lot
10%
15%
20%
25%
25%
35%
35%
30%
Subject to
coverage
Section 17.06.080
Open space required
o
90 /0
0 75 /0
0 70 /0
0 60 /0
0 40 /0
0 25 /0
0 25 /0
o
30 /o
Subject to
Section 17.06.080
Private open space/per unit
NA
I
NA
NA
NA
NA
I
NA
I
200
I
150
Subject to
(square feet)
Section 17.06.080
Section 9. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.08.030 remaining unchanged:
6 Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
INCI
CIHTISCIPOIBPI
LI
A
Aerobics/dance/gymnastics/jazzercise/martial arts/yoga
_
P
P
P
-
C
and Pilate studios (greater than 5,000 sq. ft.)
Aerobics/dance/gymnastics/jazzercise/martial arts/ yoga C
P
P
P
C
C
and Pilate studios (less than 5,000 sq. ft.)
E
Energy Stora e Facilit
-
-
-
-
-
C
C
Section 10. Subsection "I" (Stairs) is hereby added to Section 17.08.050 (Special Use Regulations and Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby added to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.08.050 remaining unchanged:
I. Stairs. All staircases and stairwells shall be located entirely within and incorporated into the desijzn of the building.
Section 11. Subsection "J" (Window Security) is hereby added to Section 17.08.050 (Special Use Regulations and Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby added to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.08.050 remaining unchanged:
J. Security Bars. All securitv bars shall be entirelv located within the building and shall not be visible from the exterior of the building and the public right of way. Security bars shall include any device physically installed for the security of a building whether placed on a door or window. All securitv bars shall be comDliant with the adopted edition of the California Building and Fire Code.
Section 12. Table 17.08.040(A) (Development Standards — Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or Industrial/Business Parks) of Section 17.08.040 (Development Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.08.040(A) remaining unchanged:
Table 17.08.040A Development Standards—Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or IndustrialBusiness Parks Development Standards
NC
CC
I HT
SC
PO
BP
LI
Minimum gross area of site
5 acres
10 acres
10 acres
10 acres
5 acres
10 acres
10 acres
Target floor area ratio
0.25 0.30
0.30 0.30
0.350
0.40 0.40
Table 17.08.040A Development Standards—Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or IndustrialBusiness Parks Development Standards
NC
CC
HT
SC
PO
BP
LI
Maximum floor area ratio with
intensity bonus as per
0.40 1.0
1.0 1.5
1.0 1.5
1.0 Section 17.08.050
Front yard adjacent to a street:
Arterial street
25 ft.
20 ft.
25 ft.
25 ft.
25 ft.
20 ft.
20 ft.
Collector
20 ft.
15 ft.
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.
Local
15 ft.
10 ft.
15 ft.
15 ft.
10 ft.
10 ft.
10 ft.
Yard adjacent to residentially zoned
25 ft.
25 ft.
30 ft.
30 ft.
25 ft.
35 ft.
40 ft.
property
Interior side yard
0 0
0 0
0 0
0 Rear yard
15 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
Accessory structure—Side/rear
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
setback
Minimum building separation:
One story:
10 ft.
10 ft.
10 ft.
15 ft.
15 ft.
15 ft.
15 ft.
Two stories:
15 ft.
15 ft.
15 ft.
20 ft.
20 ft.
20 ft.
20 ft.
Three stories or more
20 ft.
20 ft.
25 ft.
25 ft.
25 ft.
25 ft.
Maximum height
35 ft.
50 ft.
75 ft.
50 ft.
75 ft.
50 ft.
40 ft.
Maximum percent of lot coverage
25%
30%
30%
30%
50%
40%
40%
Minimum required landscaped open
25%
20%
20%
20%
25%
25%
20%
space'
Fence, wall or hedge screening
Not
6 ft.
6 ft.
6 ft.
6 ft.
outdoor storage —Minimum height
allowed
Fence, wall or hedge screening
Not
outdoor storage —Maximum height
6 ft.
8 ft.
8 ft.
12 ft.
allowed
12 ft.
12 ft.
Accessory structure —Maximum
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.
height
Notes:
1. Minimum required landscaped open area does not include necessary planting within the right-of-way.
2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A).
Section 13. Table 17.08.040(B) (Development Standards — Commercial/Office/Industrial Districts for a Development on a Separate Lot) of Section 17.08.040 (Development Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.08.040(B) remaining unchanged:
Table 17.08.040B Development Standards—Commercial/Office/Industrial Districts for a Development on a Separate Lot
Development Standards
NC
CC
HT
SC
PO
BP
LI
Minimum net lot area (sq. ft.)
30,000
30,000
20,000
40,000
40,000
401000
40,000 sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
Target floor area ratio2
0.25 0.30
0.30 0.30
0.350
0.40 0.40
Table 17.08.040B Development Standards—Commercial/Office/Industrial Districts for a Development on a Separate Lot
Development Standards
NC
CC
HT
SC
PO
BP
LI
Maximum floor area ratio with
intensity bonus as per
0.40 1.0
1.0 1.5
1.0 1.5
1.0 Section 17.08.050
Minimum width at required front
50 ft.
50 ft.
80 ft.
100 ft.
80 ft.
100 ft.
100 ft.
setback area
Minimum depth
100 ft.
100 ft.
100 ft.
120 ft.
120 ft.
120 ft.
120 ft.
Minimum frontage on a street
30 ft.
30 ft.
50 ft.
80 ft.
60 ft.
80 ft.
80 ft.
Yard area adjacent to a street:
Arterial street
25 ft.
15 ft.
25 ft.
25 ft.
20 ft.
20 ft.
20 ft.
Collector
25 ft.
10 ft.
25 ft.
25 ft.
20 ft.
20 ft.
20 ft.
Local
15 ft.
10 ft.
15 ft.
15 ft.
10 ft.
10 ft.
10 ft.
Interior side yard
0 0
0 0
0 0
0 Rear yard
15 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
Accessory structure—side/rear setback
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
Yard areas adjacent to residentially
25 ft.
25 ft.
30 ft.
30 ft.
25 ft.
30 ft.
40 ft.
zoned prove
Maximum height
35 ft.
50 ft.
75 ft.
50 ft.
75 ft.
50 ft.
50 ft.
Maximum percent of lot coverage
25%
30%
30%
30%
50%
40%
40%
Minimum required landscaped open
25%
20%
20%
20%
25%
25%
20%
space'
Fence, wall or hedge —maximum
6 ft.
6 ft.
6 ft.
6 ft.
6 ft.
6 ft.
6 ft.
height
Accessory structure —maximum height
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.
12 ft.
Fence, wall or hedge screening outdoor
Not
6 ft.
6 ft.
6 ft.
6 ft.
storage —minimum height
allowed
Fence, wall or hedge screening outdoor
Not
6 ft.
8 ft.
8 ft.
12 ft.
12 ft.
12 ft.
storage —maximum height
allowed
Notes:
1. Minimum required landscaped open area does not include necessary planting within the right-of-way.
2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A).
Section 14. Subsection 17.10.020(B)(4) of Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged:
4. Restaurants shall operate under the following requirements:
a. Restaurants that are open to the public for business and engaged in the ancillary sale of alcoholic beverages shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, salads, and other attendant dishes.
b. A conditional use permit is required for restaurants that plan on offering, selling, or serving beer, wine, and distilled spirits (typically a Type 47 4 - California ABC license), unless otherwise regulated by a current specific plan. Restaurants offering beer, wine, and distilled spirits must cease alcohol sales one half hour prior to closing.
c. Restaurants are permitted to serve beer and wine (typically a Type 4142 California ABC license) as a matter of right
Section 15. Subsection "U. (Storage Containers)" is hereby added to Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged:
U. Storage Containers.
I) Purpose and Intent. The intent of this section is to provide for the limited temporary use of storage containers for residential, commercial/office/industrial, Planned Development Overlay (PDO) and Specific Plan zoned properties.
2) Definition. For the purposes of this chapter, Storage Container shall mean any sturdy container greater than one hundred and twenty (120) square feet with strength suitable to withstand shipment, storage, and handling with or without utility connection(s). Any device or container that meets this definition shall be considered a storage container, regardless of its nomenclature, construction material, type of container, design, original purpose or new/repurposed use.
All Residential and Open Space Zoning Districts. Storage containers are not a permitted use or accessory use in any residential or open space zoning district throughout the city and therefore shall not be permitted.
a) Exemptions.
(i) Temporaryplacement to support the construction of a new primary residence with a valid building_ permit.
(a) Required to obtain a Temporary Use Permit (TUP) in accordance with Chapter
17.04.020 and subject to the requirements of this section of the Temecula Municipal Code.
(b) Limited for use as storage only, no habitation is permitted. (c) Limited to the duration of construction or date specified in the TUP, whichever is less.
(d) Shall be removed from the site prior to final inspection of the new primary residence.
(ii) A storage container for the purpose of moving, storing, toring transporting personal property for the purposes of moving residences or placing items in long term storage can be placed on the private driveway residence for a time not to exceed seven days without a TUP.
10 (a) Placement of storage containers in the public right of way shall not be permitted without an encroachment permit as specified in Chapter 18.12 of this Code. 4) Commercial, Business Park, Professional Office and Industrial Districts. Storage containers may be permitted through a TemporaLy Use Permit (TUP) for a limited duration subject to the requirements of Chapter 17.04.020 and this section of the Temecula Municipal Code.
a) Storage containers shall be placed in loading or service areas only and shall not be visible from the public right-of-way.
b) Storage containers shall not be located in any landscaped area. c) Storage containers shall not be placed in any parking stalls without a parking anal demonstrating compliance with Chapter 17.24 of this code, to the satisfaction of the Director of Community Development.
d) Storage containers shall not have any signage or advertising_ e) Utility connection(s) shall require a building permit. f) Containers may be required to be painted to match the existing building, at the discretion of the Director of Community Development.
g) Containers must be maintained free of graffiti, vandalism, rust, circumstances that may arise from a lack of maintenance.
h) Any three violations during the effective period of the TUP shall be cause for the revocation of the TUP.
i) Where a zoning district addresses storage, those standards shall apply to the extent they are inconsistent with the provisions of this Section.
5) Mixed Use Zoning Districts.
a) Storage containers may be qpproved through a TUP as a temporary accessory use for commercial land uses located on the first floor in zoning districts that permits mixed use development and shall comply with Section 17.10.020(U)(4) of this chapter. b) Storage containers are not a permitted accessory use for residential land uses in zoning districts that permit mixed use development, without exemption. 6) Specific Plan Districts.
a) Where a Specific Plan addresses the accessory use of storage containers, those standards shall be applicable to all properties subject to its requirements. b) Where a Specific Plan does not address the accessory use of storage containers, the standards in this Section shall apply.
c) The Director of Community Development shall have the sole discretion to determine which standards shall apply when there is ambiguity in the Municipal Code or Specific Plan related to zoning districts.
7) Ancillary Use Only. Storage containers shall only be allowed as a temporary ancillary use for property with a completed development plan or on a property with all active and valid building permits for the construction of new buildings. 8) Time duration. Placement of storage containers shall be set by the TUP and in no case shall a storage container be placed or installed on the site for longer than one year. Relocation or movement of the storage container on the site does not impact the time limits set by the TUP.
Section 16. Subsection "V. (Energy Storage Facility)" is hereby added to Section
17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged:
V. Energy Sy torage Standards.
1) Purpose and Intent. Energy Storage Facility regulations are adopted with the intent of advancing and protecting the public health, safety, and welfare of the City of Temecula by establishing regulations for the installation and use of energy storage systems. The regulations herein are intended to protect the health, welfare, safety, and quality of life for the general public, to ensure compatible land uses in the areas affected by storage facilities and to mitigate the impacts of energy storage facilities on the environment. a) Energy Storage facilities shall be permitted through a Conditional Use Permit (CUP) only in the zoning specified in Table 17.08.030, Schedule of Permitted Uses Commercial/Office/Industrial Districts.
Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section as follows:
a) Battery. A single cell, stack, core building block, or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements. b) Battery Management System. An electronic system that prevents storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The systemgenerates an alarm and trouble signal for abnormal conditions.
c) Battery Energy Storage System. A system consisting of electrochemical, kinetic, thermal, or other form of energy -storage technology storage torage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. d) Cell. The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.
e) Commissioning. A systematic process that provides documented confirmation that a battery energy storage torage system functions according to the intended design criteria and complies with applicable code requirements.
f) Decommissioning Plan. A plan to retire the physical facilities of the project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation.
12 g) Energy Storage facility. Are stationary commercial facilities, that contain one or more energy storage s, sus) for the purposes of capturing or purchasing energy and releasing, selling, transferring or trading energy back to the utility providers for monetary or other gain. This definition does not include private residential energy storage or backup systems.
h) Energy Storage System. A system which stores energy and releases it in the same form as was input.
Applicability. The requirements of this ordinance shall apply to all energy storage facilities permitted, installed, or modified after the effective date of this ordinance, excluding general maintenance and repair. Energy Storage Facilities constructed or installed prior to the effective date of this ordinance shall not be required to meet the requirements of this chapter. Modifications to, retrofits or replacements of an existing energy storage facility that increases the total energy storage system designed discharge duration or power rating shall be subject to this chapter. The continuation of legally established existing utility -scale tilit.
Energy Storage Systems shall be subject to the regulations and guidelines of Chapter
17.03.070 (Legal nonconformities) of this Code.
4) Development Standards.
a) Energy storage facilities must meet all applicable standards of the adopted Building and Safety Codes and of the adopted Fire Codes.
b) Energy storage facilities shall comply with the site design requirements set forth below in addition to all other applicable chapters of the Temecula Municipal Code:
(i) Where visible from public view, the site shall be fully enclosed by a minimum six- foot. non -scalable solid wall. Where not visible from public view. the site shall be enclosed by a minimum six-foot, non -scalable solid wall or tubular steel or wrought iron fencing. Said wall or fencing shall be located outside of the required yard of the applicable zone. Walls shall consist of either decorative concrete masonry block or decorative concrete tilt -up walls. Decorative concrete masonry block means neutral colored slump stone block, split -face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete tilt -up wall means concrete with a combination of paint and raised patterns, reveals, and/or trim lines.
When sound and visual attenuation requires a wall exceeding 6 feet above the grade of the adjacent roadway, earth mounds shall be used, such that no more than 6 feet of the wall is visible from the roadway. The mounds shall not exceed a three -to -one (3:1) ratio slope. The mounds may support the wall or be placed against the wall on the street side.
Wall heights shall be limited to the standards in the applicable zoning district. (ii) No landscapin is s required on the interior side of the screen walls described in subparagraph (b)(i), above, regardless of the percentage of open space landscaping required.
13 The minimum required open space, as required by this Title, shall be limited to the perimeter landscaping surroundingperimeter screening wall or fencing described in subparagraph (b)(i), above. Said perimeter landscaping shall be no less than the applicable required yard setbacks.
(iii)Solid walls surrounding facilities which are below grade of an adjacent street or property shall incorporate a berm/slope along the entire length of the wall to ensure facilities are not visible from public view.
(iv)Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls
(v) Except as set forth in subparagraph (vi), no equipment or appurtenances not in an enclosed structure shall exceed the screen wall height described in subparagraph (i), above, unless it can be demonstrated through a line -of -sight analysis to the satisfaction of the Director of Community Development that the wall height will sufficiently screen said equipment and/or appurtenances. Enclosures for batteries and other systems shall not exceed fifteen (15) feet in height. (vi)Accessory structures such as utility poles or utility connection equipment, substation switchyard and similar equipment, necessary for the operation of the facility may exceed the height standards of the applicable zone subject to the Director of Community Developments approval.
(vii) Within the Business Park (BP) zone, all equipment or appurtenances shall be located within an enclosed building. However, accessory structures such as utility poles or utility connection equipment substation switchyard, and similar equipment, necessary for the operation of the facility is not required to be located within the enclosed building.
(viii) On -site parking shall be provided as specified below:
(a) For sites occupied daily by employees or contractors, one parking space per employee or contractor shall be provided.
(b) For unoccupied sites, one on -site parking space shall be provided. (c) All parking, fire access roadways, and drive aisles shall be paved with asphalt or concrete, to the satisfaction of the Director of Community Development. (d) All parking lots shall comply with Chapter 17.24 of this code. (e) All facilities shall have an approved signage plan including safety signs eg to be posted at the site.
(f) All improvements and site specifications shall be subject to approval of a Hazard Mitigation Analysis. Said reports shall be reviewed by the City of Temecula Fire Department and Building and Safety Departments. These reports must be approved concurrently with any entitlements. The purpose of this analysis is to evaluate the potential for adverse effects to people or the environment related to hazards and hazardous materials. The California Environmental Quality Act (CEQA) requires the analysis of potential adverse effects of a project on the environment. Consistent with Appendix G of the CEQA Guidelines, a proposed project would cause adverse impacts related to 14 hazards and hazardous materials if they would create a significant hazard to the public or the environmental through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. 5) Decommissioning.
a) Decommissioning Plan. Prior to issuance of any building_ permits related to decommissioning activities, the applicant shall submit a Decommissioning Plan containing a narrative description of the activities to be accomplished for removing the energy storage system from service, and from the facility in which it is located. The Decommissioning Plan shall also include:
(i) A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all energy storage system components, structures, equipment, security barriers, and transmission lines from the site:
(ii) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;
(iii)The anticipated life of the Battery energy storage system; (iv)The manner in which the Battery energy storage system will be decommissioned, and the Site restored, including a description of how any changes to the surrounding areas and other systems adjacent to the Battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and
(v) A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage torage system from service that has been damaged by a fire or other event.
b) Ownership Changes. If the owner of the Battery energy storage torage facility changes or the owner of the property changes, the project approvals shall remain in effect, provided that the successor owner or operator assumes in writing all the obligations of the project, site plan approval, and Decommissioning Plan. A new owner or operator of the Battery energy serge facility shall notify the Community Development Department of such change in ownership or operator within thirtyy(30) dqys of the ownership change. A new owner or operator must provide such notification to the Community Development Department in writing The project and all approvals for the Battery energy storage facilities shall be void if a new owner or operator fails to provide written notification to the Community Development Department in the required timeframe.
Reinstatement of a voided project or approvals will be subject to the same review and approval processes for new applications under this chapter. 6) Performance Measures and Standard Conditions of Approval.
The following measures shall be included as performance measures and standard conditions of approval for all energy storage facilities. a) Facilities shall not store anyproducts, goods, materials, or containers outside of any building on -site.
15 b) Facilities shall comply with noise requirements in Chapter 9.20 of this code. c) Operators shall address any nuisance, safety issues or violations of conditions of approval within forty-eight hours of being notified by the city that an issue exists. d) Prior to the issuance of a Certificate of Occupancy or Business License, any operator of an energy storage facility shall sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility.
7) Finding of Economic Benefit; Public Benefit Agreement; Exempt Projects. a) Consistent with Public Resources Code section 25545.9, and in addition to all other findings and determinations necessary for the grant of a CUP, no conditional use permit for a Energy Storage Facility, shall be granted unless the City finds that the construction and operation of the facility will have an overall net positive economic benefit to the City. For pLiMoses of this sub -section, economic benefits may include, but are not limited to, any of the following_
(i) Employment growth.
(ii) Housingdevelopment.
(iii)Infrastructure and environmental improvements.
(iv)Assistance to public schools and education.
(v) Assistance to public safety agencies and departments. (vi) Property taxes and sales and use tax revenues.
b) Consistent with Public Resources Code section 24454.10, no conditional use permit for a Battery Energy Storage Facility, shall be granted unless the City has entered into a legally binding and enforceable agreement with, or that benefits, the City, where there is mutual benefit to the parties to the agreement. The topics and specific terms of the community benefits agreements may vary and may include fundingfor or or providing specific community improvements or amenities such as park and pla ryg ound equipment, urban greening, enhanced safety crossings, and paving roads and bike ap ths.
c) The City of Temecula finds and declares that, where a Battery Energy Serge Facility, Utility Scale is issued a certificate pursuant to Chapter 6.2 (commencing with Section 25545) of Division 15 of the Public Resources Code, and where such certificate is in lieu of a conditional use permit or other permit, certificate, or document required by the City, a community benefit agreement in the form described in subsection (a), above, shall satisfy the obligations on Public Resources Code section 24454.10.
Section 17. Table 17.14.030 (Schedule of Permitted Uses — Open Space) of Section
17.14.030 (Use Regulations) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.14.030 remaining unchanged:
16 Table 17.14.030
Schedule of Permitted Uses —Open Space
Schedule of Uses
PR
OS
OS-C
OS-C-SM
Agricultural uses
-
C
C
-
Athletic field
P
-
-
-
Bicycle paths
P
C
C
-
CampRround
C
-
I -
-
Caretakers' quarters
C
C
C
-
Cemeteries, mausoleums and related uses
C
C
-
-
Communications and microwave installations
-
-
Flood control structures
C
C
C
C
Game courts, badminton, tennis, racquetball
P
C
-
-
Golf driving range not part of a golf course
C
C
-
-
Golf course and clubhouse
C
C
-
-
Golf course resort (including accessory visitor supporting accommodations and commercial uses, such as hotels, fractional ownership units, day spa, restaurants and conference center C
-
-
-
Government and public utility facilities
C
C
C
C
Gymnasium
C
-
-
-
Commercial marijuana activities
-
-
-
-
Marijuana cultivatiow
-
-
-
-
Nature centers/exhibits
P
C
C
-
Nurseries
-
C
-
-
Outdoor exhibits
P
P
P
-
Picnic aroup facilities
C
C
-
-
Private parks and recreation facilities
P
C
-
-
Parking areas
C
C
C
-
Public parks and recreation facilities
P
C
-
-
Recreational vehicle park
-
C
-
-
Riding stable, public or private
C
C _
G _
-
Shooting galleries, ranges, archery courses
-
E_
-
Single-family dwellings (1 unit per 40 acres)
-
P
C
-
Tree farms
-
C
-
-
Note:
1. All development subject to the standards set forth in Section 17.06.080.
2. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code.
Section 18. Item 2 of Subsection D of Section 17.23.030 (Projects exempt — Building permit approval only.) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section
17.23.030 remaining unchanged:
2. One detached, new construction ADU dia4 does not exeeed that has a minimum four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling.
The ADU may be combined with a JADU described in subsection (D)(1) above. The ADU shall be no more than eight hundred square feet in size, with a height limit of sixteen feet. 17 Section 19. Subsection I (Separation) is hereby added to Section 17.23.040 (General requirements and application procedure.) of Chapter 17.23 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.040 remaining unchanged:
I. Separation. All detached accessory dwellingunits nits (ADU's) shall have a minimum 6 foot separation from the primary residence, as measured in a straight line from exterior wall to exterior wall. Existing accessory structures converted to an ADU shall not be required to meet this standard.
Section 20. Item 7 (Addressing) is hereby added to Subsection 17.23.050(B) (Development Standards) of Section 17.23.050 (ADU Standards) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code, (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.050(B) remaining unchanged:
7. Addressing. Addressing for all ADU and JADU units shall be as follows. without exception:
a. The primary residential unit, newly constructed or existing, shall be addressed according to existing policy and shall include an illuminated "Unit 1" identifier. This shall only be applicable if an ADU or JADU is proposed for the same parcel. b. A second residential unit, an ADU or JADU, shall bear the same main address as the primary residence with the additional unit bearing an illuminated "Unit 2" identifier. c. A third and final residential unit, an ADU or JADU, shall bear the same main address as the primary residence with the additional unit bearing an illuminated "Unit 3" identifier. d. All addresses shall be legible and physically installed in a prominent location on the building that clearly identifies which entry is associated with each address and in accordance with Section 17.28.050(N) of this code.
Section 21. Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definition of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a definition of "Health and Exercise Club" and to amend the definition of "Specialty market" to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.34.010 remaining unchanged:
H.
"Health and Exercise Club" means fitness centers, gymnasiums, health and athletic facilities which charge a membership fee for access that may include indoor sauna or hot hib facilities-
S.
"Specialty market" means a retail market that specializes in a specific type or class of food, drink, and related products.
18 fi � thatisandsquare o*. In no case shall a specialty market be less than ten thousand (10,000) square feet.
Section 22. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
Section 23. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.
Section 24. Effective Date. This Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of December, 2023.
ATTEST:
Randi Johl, City Clerk
[SEAL]
19 Zak Schwank, Mayor
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023-13 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 28th day of November, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of December, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
20 Randi Johl, City Clerk
Item No. 6
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: December 12, 2023
SUBJECT: Award Construction Contract to Beador Construction Company, Inc. for the 1-15 Congestion Relief Project, PW19-02
PREPARED BY: Avlin R. Odviar, Principal Civil Engineer
RECOMMENDATION: That the City Council:
1. Award a construction contract to Beador Construction Company, Inc., in the amount of $4,364,300, for the I-15 Congestion Relief Project, PW19-02; and
2. Authorize the City Manager to approve contract change orders up to 10% of the contract amount, $436,430; and
3. Make a finding that the I-15 Congestion Relief project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.
BACKGROUND: On May 23, 2023, the City Council approved the plans and specifications and authorized the Department of Public Works to solicit construction bids for the I-15 Congestion Relief Project, PW19-02 (Project).
This Project, along with another freeway project being led by Caltrans, is a result of findings by the Move I-15 Temecula Valley Regional Task Force. The multi -agency task force examined various potential freeway improvements and concluded that operational and safety improvements including new auxiliary lanes, widening of on -ramps, installation of ramp metering, and other supporting features would help alleviate congestion on Interstate 15.
Caltrans took the lead on delivering auxiliary lanes on northbound I-15 from Rancho California Road to Winchester Road and on southbound I-15 from Winchester Road to Rancho California Road and from Rancho California Road to Temecula Parkway.
The City took the lead on the development, design, and construction of a new auxiliary lane on northbound I-15 from Temecula Parkway to Rancho California Road, which is the subject Project.
The construction contract was publicly advertised September 25 through November 2, 2023.
Seven (7) bids were received and publicly opened on Thursday, November 2, 2023. The results were as follows:
Rank
Bidder
Bid Amount
1. Beador Construction Company, Inc.
$ 4,364,300.00
2. Flatiron West, Inc.
$ 4,665,270.00
3. Powell Constructors, Inc.
$ 4,839,613.50
4. Empire Equipment Services, Inc.
$ 4,882,450.22
5. Riverside Construction Company, Inc.
$ 5,076,132.00
6. Leonida Builders, Inc.
$ 5,542,625.90
7. Griffith Company
$ 5,585,371.72
All bids received were responsive. Beador Construction Company, Inc. of Costa Mesa, California is the lowest responsible bidder. Beador Construction Company, Inc. has public contracting experience and has successfully completed similar projects.
The Engineer's Estimate of construction cost was $5.3 Million. The construction contract allows for 150 working days (approximately 8 months) to construct the Project.
The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Intergraded Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) MSHCP Mitigation Fee Implementation Manual adopted by Resolution 2020-013 on December 7, 2020. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP.
Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 days of construction contract award. Fees outside the public right-of-way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvement projects are 5% of construction costs. In this case, the Project is on the State Highway System and as such, it is exempt from MSHCP fees.
FISCAL IMPACT: The I-15 Congestion Relief project is included in the City's Capital Improvement Program Fiscal Years 2024-28. The sources of funds include Pechanga Intergovernmental Agreement, State Highway Operation and Protection Program and Minor Program (SHOPP), and Transportation Uniform Mitigation Fee (TUMF). There are sufficient funds in the project account to cover the contract amount of $4,364,300.00 plus the 10% contingency of $436,430.00 for a total encumbrance of $4,800,730.00.
ATTACHMENTS: 1. Contract
2. Project CIP Budget Sheet
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CONTRACT
for
1-15 CONGESTION RELIEF
PROJECT NO. PW19-02, CALTRANS EA 08-1K4024
THIS CONTRACT, made and entered into the 12th day of December, 2023 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and Beador Construction Company, Inc., hereinafter referred to as "Contractor." WITNESSETH:
That City and Contractor, for the consideration hereinafter named, mutually agree as follows:
CONTRACT DOCUMENTS
The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled 1-15 CONGESTION RELIEF, PROJECT NO. PW19-02, CALTRANS EA 08-1 K4024, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (2022 edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for 1-15 CONGESTION RELIEF, PROJECT NO. PW19-02, CALTRANS EA 08-1 K4024. Copies of these Standard Specifications are available from the publisher:
BNi Building News
Division of BNi Publications, Inc.
990 Park Center Drive, Suite E
Vista, CA 92081
(760) 734-1113
The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for 1-15 CONGESTION RELIEF, PROJECT NO. PW19-02, CALTRANS EA 08-1 K4024.
In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: 1-15 CONGESTION RELIEF, PROJECT NO. PW19-02, CALTRANS EA 08-1 K4024.
All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City.
3. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE
The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: FOUR MILLION THREE HUNDRED SIXTY-FOUR THOUSAND THREE HUNDRED DOLLARS AND ZERO CENTS ($4,364,300.00), the total amount of the base bid.
Contractor agrees to complete the work in a period not to exceed one hundred fifty (150) working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City.
5. CHANGE ORDERS
All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council.
6. PAYMENTS
Payments shall be made in accordance with Section 9 PAYMENT of the Caltrans Standard Specifications (2022), as amended by the Revised Standard Specifications and the project Special Provisions.
7, LIQUIDATED DAMAGES 1 EXTENSION OF TIME
In accordance with Government Code Section 53069.85 and Public Contract Code Section 10226, Contractor agrees to forfeit and pay to the City the applicable sum listed in Section 8-1.10 LIQUIDATED DAMAGES of the Caltrans Standard Specifications (2022) as amended, for each calendar day completion is delayed beyond the time allowed. An extension of time will be granted as specified in Section 8 PROSECUTION AND PROGRESS of the Caltrans Standard Specifications (2022) as amended.
8. WAIVER OF CLAIMS
On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment.
Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment.
9. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http./I www.dir.ca.gov . Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
10. TIME OF THE ESSENCE
Time is of the essence in this contract.
11. INDEMNIFICATION
All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City.
The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor.
12. GRATUITIES
Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto.
13. CONFLICT OF INTEREST
Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT
After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES
Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City.
16. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City.
17. INSPECTION
The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work.
18. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap.
19. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract.
20. PROHIBITED INTEREST
No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California.
21. ADA REQUIREMENTS
By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended.
22. WRITTEN NOTI
Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows:
Mailing and Delivery Address: Patrick A. Thomas, PE
Director of Public Works / City Engineer
City of Temecula
41000 Main Street
Temecula, CA 92590
23, INSURANCE.
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.
Minimum Scope of Insurance: Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88.
2. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no
automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable.
3. Worker's' Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this 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:
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.
2. Automobile Liability: One Million Dollars $1,000,000 per accident for bodily injury and property damage.
3. Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars $1,000,000 per accident for bodily injury or disease.
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:
The City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency,
Caltrans, Riverside County Transportation Commission, their officers, officials, employees, and volunteers are to be covered as insureds as respects 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 the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, Caltrans, Riverside County Transportation Commission, their officers, officials, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, Caltrans, Riverside County Transportation Commission, their officers, officials, employees, agents and volunteers.
Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, Caltrans, Riverside County Transportation Commission, their officers, officials, employees, agents
and volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, Caltrans, Riverside County Transportation Commission, their officers, officials, employees, agents and volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this Contract 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 the City of such cancellation not less than 30 days prior to the cancellation effective date.
6. 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 the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
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 the City. Self- insurance shall not be considered to comply with these insurance requirements.
Verification of Coverage: Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
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.
24. RECOVERED MATERIALS AND SOLID WASTE DISPOSAL ACT
Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
25. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor shall not procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities. Covered equipment also includes video surveillance
and telecommunications equipment or services provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, any subsidiary or affiliate of such entities, and any entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
26. COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents, and shall comply with all grant or funding terms and conditions applicable to the Contract and/or the work.
27. CLAIM DISPUTE RESOLUTION
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.
All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must present a claim in accordance with the Government Claims Act as a prerequisite to prosecuting any claim against the City. The filing or prosecution of a claim in compliance with Section 9204 and/or Article 1.5 (if applicable) does not in any way obviate the need to timely present a claim under the Government Claims Act, or in any toll the expiration of any limitations period for the timely presentation of a claim under the Government Claims Act.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written.
DATED:
DATED:
ATTEST:
Randi Johl, City Clerk
CONTRACTOR:
Beador Construction Company, Inc.
2900 Bristol Street, Suite 204
Costa Mesa, CA 92626
(951) 674-73
dabead V
or.com
By:
David Beador
Print or type NAME
Print or type NAME
Print or type TITLE*
(*Signatures of two corporate officers required for Corporations) APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
CITY OF TEMECULA
0 Zak Schwank, Mayor
SEp:FTs. STATE OF CALIFORNIA
Office of the Secretary of State
;w
m` STATEMENT OF INFORMATION
o;
CORPORATION
' California Secretary of State
'CgLTF_Wgk %" 1500 11th Street
Sacramento, California 95814
(916) 653-3516
For Office Use Only
-FILED -
File No.: BA20230998071
Date Filed: 6/21/2023
Entity Details
Corporation Name BEADOR CONSTRUCTION COMPANY, INC.
Entity No. 2106117
Formed In CALIFORNIA
Street Address of Principal Office of Corporation
Principal Address
Mailing Address of Corporation
Mailing Address
Attention
Street Address of California Office of Corporation
Street Address of California Office
Officers
2900 BRISTOL STREET D204
COSTA MESA, CA 92626
2900 BRISTOL STREET D204
COSTA MESA, CA 92626
2900 BRISTOL STREET D204
COSTA MESA, CA 92626
Officer Name
Officer Address
Position(s)
0 David A Beador
2900 BRISTOL STREET D204
COSTA MESA, CA 92626
Secretary, Chief Financial Officer, Chief Executive Officer Additional Officers
Officer Name Officer Address Position Stated Position
None Entered
Directors
Director Name
Director Address
0 David A Beador
2900 BRISTOL STREET D204
COSTA MESA, CA 92626
The number of vacancies on Board of Directors is: 0
Agent for Service of Process
Agent Name
Agent Address
DAVID A BEADOR
2900 BRISTOL STREET D204
COSTA MESA, CA 92626
Type of Business
Type of Business HEAVY HWY CONSTRUCTION
Email Notifications
Opt -in Email Notifications Yes, I opt -in to receive entity notifications via email.
Labor Judgment
No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code.
Electronic Signature
® By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign.
David A Beador 0612112023
Signature Date
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1-15 CONGESTION RELIEF
Circulation Project
Project Description: This project includes the design and construction of a single auxiliary lane, northbound Interstate 15 (1-15) connecting the Temecula Parkway on -ramp to the Rancho California Road off -ramp.
Benefit: This project provides an operational improvement to relieve congestion on northbound 1-15. It represents one of several operational improvements identified by the Move 1-15 Regional Task Force to address congestion on 1-15.
Core Value: Transportation Mobility and Connectivity
Project Status: Project is in the design and environmental clearance phase.
Department: Public Works - Account No. 210.265.999.5800.PW19-02 / 609 Level: I
City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
TEUL
VALLEY
Project Cost:
Prior Years
Actuals
2023-24
2022-23 Adopted 2024-25 2025-26 2026-27 2027-28
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
5801-Administration
157,416
237,611 80,000
475,027
5804-Construction
6,074,443 287,000
6,361,443
5805-Construction Engineering
1,020,000
1,020,000
5802-Design & Environmental
1,240,292
161,948
1,402,240
Total Expenditures
1,397,708
7,494,002 367,000
9,258,710
Source of Funds:
4001-General Fund
1,542,267
366,443
1,908,710
4078-Reimbursement-Pechanga IGA
2,500,000
2,500,000
4438-Reimbursements
100,000
100,000
4484-SHOPP
1,250,000
1,250,000
4473-TUMF (CETAP/RCTC)
3,500,000
3,500,000
Total Funding
4,142,267
4,750,000 366,443
9,258,710
Future Operating & Maintenance Costs:
Total Operating Costs
Notes :
1. SHOPP - State Highway Operation and Protection Program and Minor Program
2. RCTC Agreement No. 22-73-032-00; City Agreement 2022-035
3. Reimbursement of $100,000 reflects contribution from the City of Murrieta 74 Item No. 7
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 12, 2023
SUBJECT: Approve Withdrawal of Bid by Leonida Builders, Inc., Reject All Other Bids, and Authorize Project to be Rebid for Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW 19-04
PREPARED BY: Avlin R. Odviar, Principal Civil Engineer
RECOMMENDATION: That the City Council:
1. Approve the Withdrawal of Bid by Leonida Builders, Inc. for the Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW 19-04; and
2. Reject all construction bids received for the Santa Gertrudis Creek Phase II —Margarita Under -Crossing, PW 19-04; and
3. Authorize the Department of Public Works to re -advertise the Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW 19-04 for construction bids.
BACKGROUND: On October 10, 2023, City Council approved the plans and specifications and authorized the Department of Public Works to solicit construction bids for Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW19-04 (Project).
The Project includes the construction of the Santa Gertrudis Creek Trail under Margarita Road.
The under -crossing will provide a continuous paved path beneath Margarita Road along the Santa Gertrudis Creek allowing users to pass under Margarita Road at this location.
The construction contract was publicly advertised between October 12 and November 16, 2023. seven (7) bids were received and publicly opened on Thursday, November 16, 2023. The results were as follows:
Rank
Bidder
Bid Amount
1. Leonida Builders, Inc.
$ 2,380,235.00*
2. Beador Construction Company, Inc.
$ 3,525,300.00
3. Flatiron West, Inc.
$ 3,753,825.00
4. Riverside Construction Company, Inc.
$ 4,297,715.00
5. KEC Engineering
$ 4,507,251.10
6. Los Angeles Engineering, Inc.
$ 5,950,500.00
N/A
EnGEN Corporation
Non-Resbonsive
*Bid formally withdrawn by bidder.
By letter dated November 20, 2023, Leonida Builders, Inc. formally withdrew its bid due to clerical errors. Staff has reviewed the withdrawal and found it in compliance with California Public Contract Code, Division 2, Part 1, Chapter 5. Relief of Bidders.
The bid submitted by EnGEN Corporation was for providing geotechnical testing and reporting services, not for performing construction of the project. Their bid is deemed non -responsive to this advertisement.
All other bids were deemed responsive. With the withdrawal of bid by the apparent low -bidder, the next lowest, responsive bid was submitted by Beador Construction Company, Inc. Their bid, at $3,525,300.00, is approximately $1.1 million over the apparent low -bid and approximately $1.4 million above the engineer's estimate.
Staff recommends the rejection of all bids. Staff will explore additional Project funding opportunities, revisit the Project for potential cost reductions, and re -bid the Project accordingly.
FISCAL IMPACT: There is no fiscal impact associated with the recommendations included in this agenda report.
ATTACHMENTS: 1. Bid Withdrawal — Leonida Builders, Inc.
2. CIP Budget Sheet
3. Project Location
32023 Crown Valley TEL: (909)275-3354 LICENSE NO. 896772 Acton CA, 93510 DIR No. 1001081351
Licensed & Insured FAX: (951)566-4022
Classifications: A. B. & C-8
VIA EMAIL ONLY Will Becerra at Will. Becerra(iI'emeculaCA. ov November 20, 2023
City of Temecula
CIO Will Becerra
4100 Main Street
Temecula, CA 92590
Re: Formal Withdrawal of Bid: Clarification Regarding Clerical Error Project: Santa Gertrudis Creek Trail Phase II- Margarita Rd Under -Crossing Project No. PW19-04
Bid Date: November 16, 2023
Dear Mr. Becerra,
It is with deep regret that Leonida Builders, Inc. informs you of our need to withdraw our bid submitted in connection with the Santa Gertrudis Creek Trail Phase II- Margarita Rd Under -Crossing, Project No.
PW 19-04. Leonida Builders, Inc. submits such withdrawal in strict compliance with the requirements set forth per California Public Contract Code Section 5103.
It has been discovered that a clerical error was made in the calculations provided in our bid documents at the time of submission on November 16, 2023. The mathematical error occurred on the following line items: Line Item 27(F) Structural Excavation should have been $150.00 a CY, not $50.00; Line Item 28(F) Structural Excavation (Ground Anchor Wall) should have been $160.00 a CY, not $60.00; Line Item 29(F) Structure Backfill (Retaining Wall) should have been $150.00 a CY, not $50.00; and lastly, Line Item 51 RCWD- Install 20" Welded Steel CML&C Pipe should have been $1,500.00 a LF, not $500.00. These errors tallied a difference of $636,000.00 from the bid that was submitted. This was a computation error and not due to an error in judgment or carelessness in inspecting the site of the work or in reading the plans or specifications.
As a result, we must withdraw our bid due to clerical error.
If you should have any additional questions or concerns, please do not hesitate to contact me at our office.
Thank you
Panagi is Leonida
Presid nt
cc:
Avlin Odviar via Email at [email protected]
Tammy Petricka via Email at [email protected] Emalee Sena via Email at [email protected]
Samantha Preciado via Email at [email protected]
f
Adk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
SANTA GERTRUDIS CREEK PHASE II - MARGARITA UNDER -CROSSING Infrastructure Project
Project Description: This project includes the design, environmental, and construction of the under -crossing in Santa Gertrudis Creek at Margarita Road to connect to the pedestrian/bicycle trail. The under -crossing at Margarita Road will provide a continuous paved trail along the Santa Gertrudis Creek at this location.
Benefit: The project provides a safe pedestrian and bicycle trail connection for the community.
Core Value: Transportation Mobility and Connectivity
Project Status: Project is anticipated to be completed in Fiscal Year2023-24.
Department: Public Works - Account No. 210.265.999.732 / PW19-04 Level: I
Project Cost:
Prior Years
Actuals
2023-24
2022-23 Proposed 2024-25 2025-26 2026-27 2027-28
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
Administration
172,512
275,488
448,000
Construction
1,631,179 819,663
2,450,842
Construction Engineering
370,000
370,000
Design & Environmental
380,596
253,368 31,350
665,314
Land Acquisition
21,500
21,500
MSHCP
81,559
81,559
Total Expenditures
553,108
2,633,094 851,013
4,037,215
Source of Funds:
Measure S
Senate Bill 1
553,108
1,131,094 851,013
1,502,000
2,535,215
1,502,000
Total Funding
553,108
2,633,094 851,013 -
4,037,215
Future Operating & Maintenance Costs:
Total Operating Costs
Notes :
1. California Transportation Commission (CTC) adopted the2019 Active Transportation Program Augmentation on January30 - 31, 2019. 148
Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW19-04 ", .
Q01iLaCiC�Ct y `4 _
RV h, S a w� fx 4 .rsp
:� t•` n •rst: a� � �p�"+-
PAVED
-- PROPOSED
-- UNPAVED
Notes
Item No. 8
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 12, 2023
SUBJECT: Approve Increase to Construction Contingency Authorization for the Community Recreation Center Renovations — Phase 1, PW 19-07
PREPARED BY: Avlin R. Odviar, Principal Civil Engineer
William Becerra, Associate Engineer II
RECOMMENDATION: That the City Council:
1. Approve an increase to the contingency for construction of the Community Recreation Center Renovations — Phase 1, PW19-07 by $70,000; and
2. Increase the City Manager Authority to approve construction contract change orders by $70,000.
BACKGROUND: On September 27, 2022, the City Council awarded the construction contract for the Community Recreation Center Renovations — Phase 1, PW19-07 to Act 1 Construction, Inc. Phase 1 comprises mainly of rehabilitation work by replacing, repairing, or updating portions of the building's mechanical, electrical, and plumbing systems, foundation, roof, and accessibility, as needed. This Phase will address all items identified in the ADA Transition Plan throughout the building interior and exterior.
During construction, Building & Safety Department staff identified several ramped sidewalk areas along the exterior of the building that required installation of handrails to comply with current ADA requirements. The current contingency balance is insufficient to add the required handrails.
Staff recommends an increase to the construction contingency, and the City Manager's authority to issue construction contract change orders, by $70,000 for a total authorized contingency of $426,839.50.
FISCAL IMPACT: The Community Recreation Center Renovations — Phase 1, PW19- 07 is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2024- 28, and is funded with Developer Contribution, DIF-Park & Rec Improvements, DIF-Quimby, and Measure S. Adequate funds are available in the project account to cover the requested additional contingency amount of $70,000. A portion of these appropriations was intended to cover the projected construction cost of Phase 2. To move forward with Phase 2 construction in the future,
additional funds will be needed.
ATTACHMENTS: 1. Project Description
2. Project Location
AIWA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
COMMUNITY RECREATION CENTER (CRC) RENOVATIONS
Infrastructure Project
Project Description: This project facilitates the rehabilitation of the CRC, including the expansion and reconfiguration of the teen center; renovation of the building including safety features, flooring, roof, and restroom facility access; ADA compliance; renovation and expansion of existing office space and rec rooms including AV upgrades; expanded storage space and upgraded kitchen equipment. Phase 1 includes full repair, maintenance, and updating to current standards. Phases 2 and 3 include expansion and improvements throughout the facility.
Benefit: This project will create a safe, engaging place for teens to participate in a variety of activities, while also providing necessary renovations to the facility.
Core Value: Healthy and Livable City
Project Status: Phase 1 construction and Phase 2 design in FY 2022-23. Phase 2 construction and Phase 3 design in FY 2023-24. Phase 3 construction in FY 2024-25.
Department: Public Works - Account No. 210.265.999.730 / PW19-07 Level: I
Project Cost:
Prior Years
Actuals
2022-23
Adjusted
2023-24
Proposed
Budget
2024-25 2025-26
Projected Projected
2026-27 2027-28
Projected Projected
Total Project
Cost
Administration
165,083
235,680
40,720
50,000
491,483
Construction
6,288,067
2,583,022
2,020,551
10,891,640
Construction Engineering
434,655
122,204
201,644
758,503
Design & Environmental
286,582
698,861
985,443
Information Technology
575,000
225,000
800,000
Total Expenditures
451,665
8,232,263
2,970,946
2,272,195
13,927,069
Source of Funds:
Developer Contribution
750,000
750,000
DIF-Park & Rec Improvements
200,000
1,321,208 400,000
1,921,208
DIF-Quimby
160,000
2,193,952 1,096,640
3,450,592
Measure 5
165,377
3,893,391 1,474,306 2,272,195
7,805,269
Total Funding
1 525,377
8,158,551 2,970,946 2,272,195
13,927,069
Future Operating & Maintenance Costs:
Total Operating Costs
Notes :
1. Developer Contribution reflects the extraordinary community benefit payment from the Heirloom Farms development. 118
4TiiLcITY OF
-0 TEMECULA Community Recreation Center (CRC) Renovations - Project Location ' UM 'I MIS 4a u, .k r.. I prt a •h Ir'
188.1 0 94.04 188.1 Feet
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be WGS 1984_Web_Mercator_Auxiliary_Sphere accurate, current, or otherwise reliable. © Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend
Parcels
City of Temecula Boundary
Streets
COLLECTOR
LIMITED SECONDARY ARTERIAL
LOCAL
MAJOR ARTERIAL
MODIFIED SECONDARY ARTERI,
PRINCIPAL ARTERIAL
PRIVATE
RURAL HIGHWAY
SECONDARY ARTERIAL
URBAN ARTERIAL
Creeks
❑ Cities
Notes
30875 RANCHO VISTA ROAD
TEMECULA CA 92592
Item No. 9
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 12, 2023
SUBJECT: Accept Improvements and File the Notice of Completion for Traffic Signal — Promenade Mall Ring Road, PW21-15
PREPARED BY: Nick Minicilli, Senior Civil Engineer
Julie Tarrant, Principal Management Analyst
RECOMMENDATION: That the City Council:
1. Accept the Improvements for Traffic Signal — Promenade Mall Ring Road, PW21-15, as complete; and
2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and
3. Release the Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed.
BACKGROUND: On September 13, 2022, the City Council awarded a construction contract to ILB Electric, Inc., in the amount of $412,206.00, and authorized the City Manager to approve construction contract change orders not to exceed the contingency amount of $41,220.60, for the Traffic Signal - Promenade Mall Ring Road, Project No. PW 21-15.
The Promenade Mall East and Ring Road traffic signal is an improvement required as part of the August 27, 2013 Joint Funding Agreement between the City and Temecula Town Center Associates L.P. ("Developer"). According to the Agreement, the City, at its sole cost and expense, shall design and construct the fourth traffic signal on the Ring Road at the Promenade Mall East entrance from Winchester Road just west of Margarita Road. The traffic signal shall include full vehicular and pedestrian controlled movements, interconnection to the Winchester Road/ Promenade Mall East intersection and infrastructure to support future closed circuit video monitoring equipment. The Agreement states that the Developer shall pay the sum of Forty -Four Thousand Four Hundred Forty -Six Dollars ($44,446.00) toward the cost of the traffic signal.
The work installed a traffic signal system at the intersection of Promenade Mall East and Ring Road complete and included street name signs, safety lighting, emergency vehicles pre-emption, fiber optic cable connection, traffic signal loop detectors, signing, striping, pedestrian curb ramp, modification to existing pedestrian ramps, and all incidental work and materials.
ILB Electric, Inc. has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one year from October 2, 2023, the date the City obtained "beneficial use" of the Project.
The retention for this project will be released pursuant to the provisions of Public Contract Code 7107.
The base contract amount of the construction contract was $412,206.00. Three construction contract change orders were issued totaling $15,383.34. This resulted in a total construction cost of $427,589.34.
FISCAL IMPACT: There is no fiscal impact associated with accepting the Project and filing and recording the Notice of Completion.
ATTACHMENTS: 1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit and Final Release
RECORDING REQUESTED B
AND RETURN TO:
CITu CLERK
CITF] OF TEMECULA
41000 Main Street
Temecula, CA 92590
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
Sections 6103 and 27383
000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000
NOTICE OF COMPLETION
NOTICE IS HEREB❑ GIVEN THAT-]
The City of Temecula is the owner of the property hereinafter described.
2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590.
3. The Nature of Interest is a Contract which was awarded by the City of Temecula to International Line Builders, Inc} 3955 Temescal Canyon Road, Corona, CA 92883 to perform the following work of improvement
TRAFFIC SIGNAL — PROMENADE MALL RING ROAD
Project Nol PW21-15
4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on December 12, 2023. That upon said contract the Liberty Mutual Insurance Company and Travelers Casualty and Surety Company of America was surety for the bond given by the said company as required by law.
5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows � TRAFFIC SIGNAL — PROMENADE MALL RING ROAD
Project Nol PW21-15
6. The location of said property is❑ Promenade Mall East and Ring Road, Temecula, California
Dated at Temecula, California, this 12' day of December, 2023.
City of Temecula
Randi ohl, City Clerk
STATE OF CALIFORNIA )
COUNT❑ OF RIVERSIDE ) ss
CIT❑ OF TEMECULA )
I, Randi ohl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council.
Dated at Temecula, California, this 12th day of December, 2023.
City of Temecula
Randi ohl, City Clerk
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO. 190050875/107683136
MAINTENANCE BOND
for
TRAFFIC SIGNAL PROMENADE MALL RING ROAD
PROJECT NO. PW21-15
KNOW ALL PERSONS BY THESE PRESENT THAT
International Line Builders, Inc. DBA ILB Electric, 3955 Temescal Canyon Road, Corona, CA 92883
NAME AND ADDRESS OF CONTRACTOR
Corporation
(fill in whether a Corporation, Partnership, or Individual) (hereinafter called "Principal"), and
Liberty Mutual Insurance Company, 175 Berkeley Street, Boston, MA 02116 & Travelers Casually and Surety Company of America, One Tower Square, Hartford, CT 06183
NAME AND ADDRESS OF SURETY
(hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of Forty Two Thousand Seven Hundred Fifty Eight DOLLARS AND 93/100 CENTS ($ 42,758.93 ] in lawful money of the United States, said sum being not less than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 13th day of September , 2022 , a copy of which is hereto attached and made a part hereof for the construction of TRAFFIC SIGNAL PROMENADE MALL RING ROAD, PROJECT NO. PW21-15.
WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 2nd day of October , 20 23 .
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void.
As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred MAINTENANCE BOND MB-1
by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications.
Signed and sealed this 9th day of November , 2023
INSU,4q
jLOriFOR�hE'ym (Seal)
1912 n
Yd3 ors"rn6,c dad
Liberty Mutual Insurance Company &
SURETY Travelers Casualty and Surety Company of America ,�uninW
�010 "+HIV, HARTFORDF5
� By.
Heather R. Goedtel
(Name)
Attorney -in -Fact
(Title)
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
PRINCIPAL: International Line Builders, Inc DBA ILB Electric By: 4,4rTw4ch)
(Name)
PfIC.'I--�
(Title)
By: �
(Name)
V i U, I� �rPS, tlen �-
(Title)
NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures.
MAINTENANCE BOND MB-2
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 Riverside
On November 13, 2023
before me, Tiffany Reinsimar, Notary Public
(insert name and title of the officer)
personally appeared Matthew Edwards, Vice President
who proved to me on the basis of satisfactory evidence to be the pe song) whose name is afW subscribed to the within instrument and acknowle d to me that atw/thdq executed the same in his rl� it authorized capacity, and that by i� erlth�ir signatures on the instrument the persory, or the entity upon behalf of which the person(tj 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. TIFFANYREIN51M,4R
Notary Puhlfc - California
Riverside County
Comrnlssion # 2358591
_ --- -i lamy Comm. Expires may 23, 2025
Signature Nj':" (Seal)
L'
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 Riverside
On November 13, 2023
before me, Tiffany Reinsimar, Notary Public
(insert name and title of the officer)
personally appeared Arnold Arias, Vice President
who proved to me on the basis of satisfactory evidence to be the per ort(T*si !whose name bscribed to the within 'snstrument and acknowle ed to me that h 11>e Ittr6y executed the same in
hi rltlf it authorized capacity{ }, and that by(ll I it signs uraR) on the instrument the rsonM, or the entity upon behhif of which the person) 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.
*my
WITNESS my hand and official seal. TIFFANYRElNSAAR
Notary Public • Calfforma
Riverside County
Commission # 2358591
Comm. Expires May 23, 2025
Signature 1�r� `� (Seal)
ACKNOWLEDGMENT
A no
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
validitV of that document.
State of I&ARZYM Minnesota
County of Hennepin
On November 9. 2023
before me, Blake S. Bohli , Notary Public
(insert name and title of the officer)
personally appeared Heather R. Goedtel. Attorney- in -Fact 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 ofX*MWrfa that the foregoing paragraph is true and correct. Minnesota
WITNESS my hand and official seal.
Signature
(Seal)
�.tirtsr,� BLAKE S. BOHLIG
Notary Public
µ State of Minnesota
My Commission Expires
.,. January 31,2026
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8209635-190003 SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corpotalion duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a oorporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, BIakc S.
Bob Iig; Brian I). Ca rpctiter-, Cra ig 01mstead; f:rik i-. Gunkc1; l talky Pflug, I leather R. Goedlcl, Jessica Hecker, KelIy Nicole I,'nghatlascn I.Iluric Ptltlg: Michelle I falter Michelle Ward, Nicole Longer
all of the city of Bloomington state of MN each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and dead, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of March 2023
Liberty Mutual Insurance Company
P4 tt1$Up 4y'I'1 INS& a 3NS&R� The Ohio Casualty Insurance Company Jk`oaPaa+r C+m 01,$ "°a+r ym uG aR�Q"4r� fi West American Insurance Company 7 , ty
1912 n n 1919 V 1991
s o a a
aa) �„� ��da c yy� da rS, +Nnrsr+r�d3 By. 0
ko State of PENNSYLVANIA David M. Carey, Assistant Secretary D � t:�:n County of MONTGOMERY ss o E
a) On this 20th day of March 2023 before me personally appeared David M. Care who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance •' � Y. P Y PP Y, 9 Y ty �
o �6 Company, The Ohio Casualty —Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes > therein contained by signing on behalf of the corporations by himself as a duly authorized officer, w <J N �
L3
c 'rn
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written, yip p4s�
k.^ 'Gpt �- Commonwealth or?9nn$yWrAb-Notary Seel
�Qu �, C Teresa Pas(ella, No" Public
Montgomery County
OF My commission expires March 28, 2025
q Commission number 1126044 By:
`l LW, Member, Pennsylvania AsaaciallonM Nolanns ere.a"a Paste /rA
Notary Public
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV— OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5, Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of November , 2023 .
P4 ►NS4V p�KI INS&, 1NSZIFyq
°a�e� ��r+ ,aIkFONfR
�oym
1912 0 1919 f 1991
By:
�'ACµkSg �aa o3H kAM7B Y�� M'OIAN='�,ab Renee C. Llewellyn. Assistant Secretary1r 1 # ]� vS7 a % LMS-12873 LMIC OCIC WAIC Multi Cc 02/21
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d am
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint HEATHER R GOEDTEL of BLOOMINGTON , Minnesota , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.
a�
r liSR�F M �� W�
Wirt � � HARTCONN , 6 Epp)(
L` CONN.
IN
State of Connecticut
City of Hartford ss.
r
By;
Robert L. Raney(. -Senior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. �tiPr ND.y.
IN WITNESS WHEREOF, I hereunto set my hand and official seal. �s'=u� #loiAAY
My Commission expires the 30th day of June, 2026 � o�
Hu��l Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 9th day of November , 2023 .
8T��� eryl�Ayd
�Flt4iFORa . HARTFORD, Cq{N7pI'1.
it UXi+• � � h CONN.
Kevin E. Hughes, Assi tant Secretary
To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880.
Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power ofAttorney is attached.
,�.oaa-:1,-AD-
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for
TRAFFIC SIGNAL PROMENADE MALL RING ROAD
PROJECT NO. PW21-15
This is to certify that ILB Electric, (hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as TRAFFIC SIGNAL PROMENADE MALL RING ROAD, PROJECT NO.
PW21-15, situated in the City of Temecula, State of California, more particularly described as follows:
RING ROAD AT PROMENADE MALL EAST
ADDRESS OR DESCRIBE LOCATION OF WORK
The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor.
Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts:
Description Dollar Amount to Dispute
Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above.
CONTRACTOR:
Dated: 11/1/23 By
Signature
Shaun Latham, Sr. Project Manager
Print Name and Title
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE R-1
Item No. 10
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 12, 2023
SUBJECT: Approve Cost Participation Agreement Between the City of Temecula and Wingsweep Corporation and Woodside 05S for Public Improvements Related to the Sommers Bend Project
PREPARED BY: Anissa Sharp, Management Assistant
Ron Moreno, Assistant Director of Public Works
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A COST PARTICIPATION
AGREEMENT BETWEEN CITY OF TEMECULA AND
WINGSWEEP CORPORATION AND WOODSIDE 05S, LP
FOR PUBLIC IMPROVEMENTS RELATED TO THE
SOMMERS BEND PROJECT
2. Authorize the City Manager to sign the Cost Participation Agreement between the City of Temecula and Wingsweep
Corporation and Woodside 05S, LP on behalf of the City of Temecula.
BACKGROUND: The City originally approved the Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside.
The Development Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057, and (3) the Third
Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276. Developer Woodside 055, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation ("Developer") are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project (the "Project").
In connection with the Project, the City previously authorized the construction of (i) public improvements related to Nicolas Road and Calle Girasol in the City (the "Road Improvements"), (ii) a "Community Sports Park" bordered on three sides by Butterfield Stage Road, North Loop Road, and Long Valley Wash (the "Sports Park"), and (iii) improvements to Butterfield Stage Road including the Butterfield Stage Road Phase III improvements (the `Butterfield Stage Road Phase III Improvements"), and (iv) the Long Valley Wash trail system including its easterly connection to the "Wine Country" future trail system (the "East Trail System Connection").
Together, the Road Improvements, the Sports Park, the Butterfield Stage Road Phase III Improvements, and the East Trail System Connection will be referred to as the "Improvements." The Improvements are part of the Project.
On March 9, 2022, the City and the Phase II Owners entered into an Eighth Operating Memorandum to the Development Agreement (the "Memorandum"). Pursuant to the Memorandum, the Phase II Owners have agreed to participate in the planning, permitting, and/or construction of certain improvements which are part of the Project and the City has agreed to fund those improvements (the "Additional Improvements"). This Agreement will set forth specific terms of the Parties' respective participation in the Improvements and the Additional Improvements, which together consist of the following:
• The additional improvements to Nicolas Road adjacent to the Seraphina project (the "Seraphina Frontage Improvements") which are described as Exhibit A to the agreement. • The upsizing of an Eastern Municipal Water District ("EMWD") sewer main (the "Sewer Improvements") which is described as Exhibit B to the agreement. • The installation of additional streetlights and associated electrical services within the Nicolas Road and Calle Girasol project (the "Streetlight Improvements"). The Streetlight Improvements are described as Exhibit C to the agreement. • The installation of certain additional improvements to the Sports Park (the "Sports Park Improvements"), which are described as Exhibit D to the agreement. • The landscape repairs and additional landscaping for erosion control purposes within the Butterfield Stage Road Phase III Improvements (the "Landscape Improvements"), which are described as Exhibit E to the agreement.
• The additional improvements to the East Trail System Connection (the "Trail Improvements"), which are described as Exhibit F to the agreement.
The Agreement outlines the application of funding and responsibilities of both the City and Developer as they relate to the Improvements and Additional Improvements.
FISCAL IMPACT: Sufficient funds will be available through the Nicolas Road Multi - Use Trail Extension (PWNT-25) and the Citywide Trails Account. Additional appropriation of funds will be allocated as needed.
ATTACHMENTS: 1. Resolution
2. Cost Participation Agreement
3. Cost Participation Agreement Exhibits
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A COST PARTICIPATION
AGREEMENT BETWEEN CITY OF TEMECULA AND
WINGSWEEP CORPORATION AND WOODSIDE 05S, LP
FOR PUBLIC IMPROVEMENTS RELATED TO THE
SOMMERS BEND PROJECT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Approval of Agreements. The City Council hereby approves the agreement entitled "Cost Participation Agreement" between the City of Temecula and Wingsweep Corporation and Woodside 05S, LP for public improvements related to the Sommers Bend Project, and authorizes the Mayor to execute the Agreement on behalf of the City in the form presented to the City Council with such non -substantive changes as may be approved by the City Attorney as necessary and convenient to implement the purposes of the Agreement.
Section 2. City Manager AuthoritX. The City Manager is authorized and directed to take all actions necessary and convenient to implement the Agreement and to enter into such additional agreements as may be necessary and convenient to implement the agreements, including but not limited to, executing operating memoranda and agreements, certifications, escrow, amendments to the Agreement, and similar agreements and actions.
Section 3. Environmental Review. The City of Temecula shall be responsible for obtaining any and all environmental permits and approvals as may be necessary for the project including, but not limited to, compliance with requirements imposed under the California Environmental Quality Act ("CEQA") as may be applicable.
Section 4. 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 12th day of December, 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 12th day of December, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
COST PARTICIPATION AGREEMENT BETWEEN WINGSWEEP
CORPORATION AND WOODSIDE 05S, LP AND CITY OF
TEMECULA
This "Cost Participation Agreement between Wingsweep Corporation and Woodside 05S and the City of Temecula" ("Agreement") is entered into and effective as of , 2023, between the City of Temecula, a municipal corporation ("City") and Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation (jointly, the "Phase II Owners"). City and the Phase II Owners are referred to within this Agreement jointly as the "Parties" and individually as a "Party."
RECITALS
This Agreement is made with respect to the following:
a. The Phase II Owners are the owners of part of the area generally known as Phase II of the Roripaugh Ranch Specific Plan (the "Property"). b. The Property is a portion of land which is the subject of a statutory development agreement entered into between Ashby USA, LLC ("Ashby") and the City dated December 17, 2002, and recorded on January 9, 2003, in the Official Records of the County of Riverside as Document No. 2003-018567 (the "Development Agreement").
C. The Phase II Owners are the successors -in -interest to Ashby under the Development Agreement with respect to the completion of Phase II of the Roripaugh Ranch Specific Plan (the "Project").
d. In connection with the Project, City previously has authorized the construction of (i) public improvements related to Nicolas Road and Calle Girasol in the City (the "Road Improvements"), (ii) a "Community Sports Park" bordered on three sides by Butterfield Stage Road, North Loop Road, and Long Valley Wash (the "Sports Park"), and (iii) improvements to Butterfield Stage Road including the Butterfield Stage Road Phase III improvements (the `Butterfield Stage Road Phase III Improvements"), and (iv) the Long Valley Wash trail system including its easterly connection to the "Wine Country" future trail system (the "East Trail System Connection"). Together, the Road Improvements, the Sports Park, the Butterfield Stage Road Phase III Improvements, and the East Trail System Connection will be referred to within this Agreement as the "Improvements." The Improvements are part of the Project. e. On March 9, 2022, City and the Phase II Owners entered into an Eighth Operating Memorandum to the Development Agreement (the "Memorandum").
Pursuant to the Memorandum, the Phase II Owners have agreed to participate in the planning, permitting, and/or construction of certain improvements which are part of the
Project and the City has agreed to fund those improvements (the "Additional Improvements").
f. This Agreement will set forth specific terms of the Parties' respective participation in the Improvements and the Additional Improvements, which together consist of the following:
• The additional improvements to Nicolas Road adjacent to the Seraphina project (the "Seraphina Frontage Improvements") which are described on Exhibit A.
• The upsizing of an Eastern Municipal Water District
("EMWD") sewer main (the "Sewer Improvements") which is described on Exhibit B. • The installation of additional streetlights and associated electrical services within the Nicolas Road and Calle Girasol project (the "Streetlight Improvements"). The Streetlight Improvements are described on Exhibit C. • The installation of certain additional improvements to the Sports Park (the "Sports Park Improvements"), which are described on Exhibit D. • The landscape repairs and additional landscaping for erosion control purposes within the Butterfield Stage Road Phase III Improvements (the "Landscape Improvements"), which are described on Exhibit E. • The additional improvements to the East Trail System
Connection (the "Trail Improvements"), which are described on Exhibit F. g. The Parties desire to enter into this Agreement to provide for (i) the design and construction by the Phase II Owners of the Improvements and Additional Improvements, and the terms of the funding of portions of the Improvements and Additional Improvements by the City and the Phase II Owners. This Agreement is intended to serve as the separate agreement referenced in Section M of the Memorandum.
AGREEMENT
For the consideration set forth within this Agreement, the Parties agree as follows:
1. The Improvements, Additional Improvements, and Application of Funding Sources.
a. Seraphina Frontage Improvements. The City shall be responsible for the full cost of the design and construction of the Seraphina Frontage Improvements, including the bicycle path and the roadwork on Nicolas Road necessary to construct the bicycle path. The City shall apply funds from the City Capital Improvement Project
Account (the "City Capital Improvement Project Funds") and the City Trails Master Plan Implementation Account (the City Trails Master Plan Implementation Funds") to the cost, pursuant to Section 2, Reimbursement of Costs. In addition, the Phase II Owners shall apply any remainder savings pursuant to Section 5, Delta Revision Offset, which are not applied to the Landscape Improvements and the Trail Improvements. b. Sewer Improvements. The City and EMWD have entered into a cost participation agreement by which EMWD will reimburse City the actual costs of the Sewer Improvements. The City shall reimburse the Phase II Owners the full amount of any EMWD reimbursement funds received by the City, pursuant to Section 3, Transfer of EMWD Reimbursement (the "EMWD Reimbursement Funds").
C. Streetlight Improvements. To partially offset the cost of the design and construction of the Streetlight Improvements, the City has calculated and provided reductions in the plan check and inspection fees paid by the Phase II Owners to the City (the "Plan Check and Inspection Fee Reduction"). The Phase II Owners shall apply savings from the Plan Check and Inspection Fee Reduction to the cost of the Streetlight Improvements, pursuant to Section 4, Adjustment of City Plan Check and Inspection Charges.
d. Sports Park Improvements. To partially offset the cost of the design and construction of the Sports Park Improvements, the Phase II Owners shall apply savings from the Plan Check and Inspection Fee Reduction to the cost of the Sports Park Improvements, pursuant to Section 4, Adjustment of City Plan Check and Inspection Charges.
e. Landscape Improvements. To offset the cost of the design and construction of the Landscape Improvements, the City has approved revisions to the plans and specifications for the Road Improvements (the "Delta Revision Offset"). The Phase II Owners shall apply savings from the Delta Revision Offset to the cost of the Landscape Improvements, pursuant to Section 5, Delta Revision Offset. f. Trail Improvements. To offset the cost of the design and construction of the Trail Improvements, the Phase II Owners shall apply savings from the Delta Revision Offset, pursuant to Section 5, Delta Revision Offset.
2. Reimbursement of Costs. Phase II Owners shall design, construct, and install the Seraphina Frontage Improvements, consistent with Exhibit A, as follows:
a. The Phase II Owners shall maintain all books, records, reports, invoices, and correspondence to or from consultants, engineers, contractors, subcontractors, and other persons (the "Documentation") relating to the costs incurred for the design and construction of the Seraphina Frontage Improvements which are to be borne by the City pursuant to this Agreement, the Memorandum, the Third Amendment, and any other agreement entered into between the City and the Phase II Owners, whether before or
after the signing of this Agreement, which obligates the City to pay, reimburse, or otherwise direct funding to the Phase II Owners for work performed and paid for by the Phase II Owners (collectively, the "Reimbursable Costs"). Phase II Owners shall permit representatives of City to review and copy the Documentation on two (2) business days' written notice to Phase II Owners. Phase II Owners shall deliver all Documentation to City within three (3) months from the date of City's acceptance of the Improvements to which the Documentation relates. This requirement is separate and distinct from any documentation required for reimbursement to the Phase II Owners either (i) from the available and future bond proceeds from CFD 16-01 and CFD 03-02 or (ii) for the EMWD Reimbursement addressed in Section 3, Transfer of EMWD Reimbursement. b. The Phase II Owners shall pay when due all invoices for Reimbursable Costs actually incurred ("Paid Invoices"). On or about the first calendar day of each month, the Phase II Owners will provide the City with copies of each Paid Invoice paid during the previous calendar month with the information required by the "reimbursement package" described in Section 2d below.
C. Within thirty (30) calendar days after the execution of this Agreement, the City shall provide to the Phase II Owners the form and content of the reimbursement package, as reasonably required by the Director of Public Works, to be provided by the Phase II Owners with each monthly request for reimbursement of Reimbursable Costs paid by the Phase II Owners.
d. Within thirty (30) calendar days after the receipt of each monthly reimbursement package, the City shall fully reimburse the Phase II Owners the amount of all Paid Invoices included within that month's reimbursement package. The Phase II Owners may include the cost of design of Improvements undertaken before the signing of this Agreement in the first monthly request for reimbursement.
3. Transfer of EMWD Reimbursement.
With respect to the Sewer Improvements:
a. The City and EMWD have entered into a cost participation agreement (the "Participation Agreement") by which EMWD will reimburse City the actual costs of the Sewer Improvements (the "EMWD Reimbursement"). b. Within thirty (30) calendar days after the execution of this Agreement, the City shall provide to the Phase II Owners the information required by the City to timely request the EMWD Reimbursement pursuant to the Participation Agreement (the "Sewer Cost Information").
C. The Phase II Owners will complete the Sewer Improvements consistent with Exhibit B.
d. The Phase II Owners will maintain and make available to the City documentation in the same form and on the same terms as required for the Documentation in Paragraph 2b above.
e. Upon completion of the Sewer Improvements, the Phase II Owners shall provide the City the Sewer Cost Information. Once the Sewer Cost Information is provided to the City by the Phase II Owners, the City shall diligently pursue the EMWD Reimbursement by requesting the EMWD Reimbursement from EMWD on the earliest date reasonably possible under the Participation Agreement. f. The City shall reimburse the Phase II Owners the full amount of any EMWD Reimbursement funds received by the City within fifteen (15) business days after those funds are received by the City.
4. Adjustment of City Plan Check and Inspection Charges. a. To partially offset the cost of the design and construction of the Streetlight Improvements and Sports Park Improvements, the City shall modify its Public Works plan check and inspection fees for the Project, as follows:
1) The City will not charge plan check and inspection fees for the Rancho California Water District facilities, EMWD facilities, and arch culverts, none of which require City Public Works inspection.
2) The City Building Department, rather than the Public Works Department, will plan check and inspect the structural components of the arch culverts and will charge established Building Department plan check and inspection fees. b. The Phase II Owners will pay established plan check and inspection fees to said Districts.
C. The amount of the reduction in plan check and inspection fees has been calculated as $321,230. City and Phase II Owners hereby agree that this amount is the full and sufficient adjustment of the Public Works plan check and inspection fees due to the Phase II Owners under this Agreement.
5. Delta Revision Offset
a. To offset the cost of the design and construction of the Landscape Improvements and the Trail Improvements, the City has approved 1) an elimination of certain components of a rock -lined drainage swale, to be documented by a delta revision to the Road Plans, and 2) a substitution of "CMB" road base material for the "CAB" road base material specified in the construction documents, to be documented by an "as -built" notation on the archived construction documents (together, the "Delta Revision Offset"), as described on Exhibit G.
b. City and Phase II Owners hereby agree that the actual amount of savings resulting from the Delta Revision Offset cannot be finalized until completion of
the Road Improvements work, that the actual amount of savings shall be considered to be sufficient to offset the cost of the design and construction of the Landscape Improvements and the Trail Improvements, and that the remainder of the actual amount of savings shall accrue to the Phase II Owners, to be applied pursuant to Section La, Seraphina Frontage Improvements.
6. Terms of Construction Contracts. Provisions for Prevailing Wage, Registration with the Department of Industrial Relations, Indemnification, Liability Insurance and Workman's Compensation for the Seraphina Frontage Improvements, the Sewer Improvements, the Streetlight Improvements, the Sports Park Improvements, the Landscape Improvements, and the Trail Improvements shall be as required in the construction contracts approved by the City.
7. Reconciliation of Costs. Upon the completion of the Road Improvements, the Parties agree to conduct a reconciliation, comparing all estimated costs and estimated savings under this Agreement with the actual costs incurred and savings realized under this Agreement. The Parties agree that the City shall be responsible for any actual funding shortfall for the Seraphina Frontage Improvements, and may apply City Capital Improvement Project Funds as necessary to cover any such actual shortfall.
8. Default.
a. If one Party claims that the other Party has defaulted on its obligations under this Agreement, that Party shall notify the other Party of the alleged default. The Party receiving the notice of default shall cure the default within fifteen (15) days of the date of the Notice of Default, unless the default cannot reasonably be cured within that time, in which case the Party in default shall commence the cure and shall diligently prosecute the cure to completion.
b. Except as provided in Paragraph 7c below, each Party shall have all remedies provided by law for any uncured default or breach of this Agreement.
C. The Parties agree that damages may not be an adequate remedy if either Party fails to carry out its obligations under this Agreement. The sole remedy of either Party in the event of a breach of this Agreement by the other Party shall be specific performance (including the performance of any obligation to pay funds required by this Agreement), declaratory relief, writ of mandate, or similar remedies to compel the other Party's compliance with the terms of this Agreement.
9. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier.
Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice:
To City:
City of Temecula
Attention: City Manager
41000 Main Street
Temecula, CA 92590
Copy to:
Peter M. Thorson
Richards, Watson & Gershon
350 South Grand Ave, 37th Floor
Los Angeles, CA 90071
To Woodside 055, LP:
Woodside 055, LP
Attn: Trent Heiner
1250 Corona Pointe #500
Corona, CA 92879
With a copy to:
Cynthia Paulsen
Cox, Castle & Nicholson LLP
3121 Michelson Drive, Second Floor
Irvine, CA 92612
To Wingsweep:
Wingsweep Corporation
Attn: Joseph T. Gauthier, Esq.
c/o UNICOM PLAZA, Suite 310
15535 San Fernando Mission Boulevard
Mission Hills, CA 91345
10. General.
a. Choice of Law. This Agreement is made under and in all respects will be interpreted, enforced, and governed by the laws of the State of California. b. Jurisdiction. Any action by either Party shall be brought in the appropriate court of competent jurisdiction within the County of Riverside, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location.
C. Amendment. This Agreement cannot be altered, amended or modified in any way without the express written consent of each of the Parties or their authorized successor -in -interest. The Parties have, however, mutually cooperated through agreements such as the Memorandum and this Agreement to facilitate the development of certain components of the Project. Therefore, future agreements between the Parties which, by their specific terms, would modify or eliminate the obligations of the Parties under this Agreement shall control over the terms of this Agreement even if this Agreement is not formally modified to be consistent with those specific terms of a future agreement. d. Assignment. This Agreement shall not be assignable by either Party in whole or in part without the prior written consent of the other Party, which written
consent shall not be unreasonably withheld. The assigning Party shall provide to the other Party thirty (30) days' advanced notice of any such proposed assignment. e. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, legal representatives, successors, assigns, executors, and administrators.
f. Entire Agreement. This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties which are the subject of this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, relating to those obligations which are not set forth within this Agreement shall not be binding upon the Parties. g. Phase II Owners Not Agent of City. Neither Phase II Owners nor any of Phase II Owners' agents or contractors are or shall be considered to be agents of City in connection with the performance of Phase II Owners' obligations under this Agreement.
h. Legal Responsibilities. Phase II Owners shall comply with all applicable local, state and federal laws and regulations governing the employment of individuals hired or otherwise retained by the Phase II Owners to perform their obligations under this Agreement. City, and its officers and employees shall not be liable for the failure of Phase II Owners to comply with this Subparagraph.
i. Time of the Essence. Time is of the essence of this Agreement. j. Interpretation and Construction. Each Party has reviewed this Agreement and each has had the opportunity to have its respective counsel review and revise this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or its Exhibits. In this Agreement, the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the sections and subparagraphs of this Agreement are for convenience and reference only and shall not be interpreted to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. k. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid for any reason, the validity of the remaining provisions will not be affected, provided that the court determines that the intent of this Agreement can be fulfilled without the invalid provision.
1. Authority to Execute Agreement. The individuals executing this Agreement on behalf of the Parties each warrants and represents that he or she has the
authority to execute this Agreement on behalf of that Party and bind that Party to its obligations under this Agreement.
M. Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement. Each Party agrees that each Party may use either original signatures or electronic and digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties, if any, included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. n. Exhibits. The following exhibits are attached to this Agreement and are incorporated into this Agreement as though set forth in full:
Exhibit A Description of the Seraphina Frontage Improvements Exhibit B Description of the Sewer Improvements
Exhibit C Description of the Streetlight Improvements
Exhibit D Description of the Sports Park Improvements
Exhibit E Description of the Landscape Improvements
Exhibit F Description of the Trail Improvements
Exhibit G Description of the Delta Revision Offset
[SIGNATURE PAGES FOLLOW]
[EXHIBITS FOLLOW]
This Agreement has been signed by the Parties as of the date set forth in the first paragraph on Page 1 of this Agreement:
Woodside 055, LP,
a California limited partnership
By: WDS GP, Inc.,
A California corporation,
Its general partner
IRA
Name:
Title:
Wingsweep Corporation,
a California corporation
LIZZ
Corry Hong
President and Chief Executive Officer
City of Temecula, a municipal corporation
Aaron Adams, City Manager
Attest:
Randi Johl, City Clerk
Approved as to form:
UR
Peter M. Thorson, City Attorney
Exhibits for Nicolas/Girasol Cost Participation Agreement Exhibit A
Description of the Seraphina Frontage Improvements
1. Design and Permitting Estimated Costs.
#
Description
Consultant/Agency
Amount
1 Bike Path Design, construction
support,
MBI
$129,956
2 Environmental - monitoring
HELIX
$49,668
3 Traffic Control Plans
Allied / MBI
$29,133
4 Lighting Design & Electrical
Engineering
Visual Concepts
$2,885
Total:
$211,642
2. Improvements from Nicolas Road Centerline Station 76+00 to Nicolas Road Centerline Station 95+00 as shown on City of Temecula Department of Public Works Street Improvement Plans entitled "TM 37368 — Roripaugh Ranch Specific Plan, CFD No. 03-03 & CFD No. 16-01, Nicolas Road and Calle Girasol Street Improvements", Sheets C-8, C-9, and C-10, and accompanying detail sheets and sheets of notes, signed by Public Works Director / City Engineer Patrick A. Thomas, 11/09/2022. #
Description
Contractor/Agency
Amount
1 Dry Utilities
AD Wilson
$143,722
2 Earthwork, demolition, removals
DMC
$70,515
3 Communications Relocation
Frontier
$4,282
4 Street Surfacing
Hillcrest
$355,887
5 Landscape
Jon Gilmer
Construction
$6,955
6 Construction Staking
MBI
$71,000
7 Geotechnical Testing and Reporting
Leighton
$21,617
Total:
$673,979
Exhibits for Nicolas/Girasol Cost Participation Agreement Traffic Control Implementation Costs — Stage IA (Seraphina Frontage). #
Description
Contractor
Amount
1 Traffic Control Implementation
Allied
$47,814
2 Temporary paving - north side.
Pacific Masters
$39,936
3 Temporary paving — south side.
Hillcrest
$85,743
4 Temporary paving removal (estimate)
TBD
$8,493
Total:
$181,986
4. Total Seraphina Frontage Estimated Cost: $1,067,607
Exhibits for Nicolas/Girasol Cost Participation Agreement Exhibit B
Description of the Sewer Improvements
Upsizing of improvements as shown on Eastern Municipal Water District (EMWD) sewer relocation plans entitled "Nicolas Rd & Calle Girasol, 15" Sewer Relocation", Sheets 1 — 4, signed by EMWD on 8/19/2021, and which are Sheets C-44 through C-47 of City of Temecula Department of Public Works Street Improvement Plans entitled "TM 37368 — Roripaugh Ranch Specific Plan, CFD No. 03-03 & CFD No. 16-01, Nicolas Road and Calle Girasol Street Improvements".
The Sewer Improvements are the subject of the "Cost -Participation Agreement between City of Temecula and Eastern Municipal Water District for Sewer Pipeline Relocation for the Nicolas Road and Calle Girasol Improvements CFD Project", entered into as of 9/24/2021, to upsize the sewer main from 15" to 21". The Sewer Improvements and the method and process for their reimbursement by EMWD to the City of Temecula are described in the Agreement.
Estimated Reimbursement. The Agreement estimates the reimbursement amount for upsizing at $19,273. EMWD will reimburse the City using the actual costs for the bid items, up to an amount not exceeding $100,000.
Exhibits for Nicolas/Girasol Cost Participation Agreement Exhibit C
Description of the Streetlight Improvements
The Streetlight Improvements consist of the actual cost addition of any streetlights above the fourteen (14) streetlights shown on the City of Temecula Department of Public Works plans entitled "Nicolas Extension Road, Street Light Plan, Jessie Circle to Calle Girasol", Sheets 1-6, prepared by Visual Concepts, Inc., dated 07/25/2022, including the conversion of any streetlight shown on the plans as "Future Streetlight" to a furnished and installed streetlight, together with the actual cost of the addition of the City Interconnect, consisting of a three-inch (Y) conduit and pull boxes for future City communications interconnect purposes.
Estimated Streetlight Improvements Cost.
City Interconnect.
Three-inch (Y) conduit and pull boxes for future City communications interconnect purposes. Contract cost: A. D. Wilson: $170,993.75
Each Additional Streetlight or Conversion.
Contract Costs A. D. Wilson.
Additional Streetlights
#
Unit
Unit Cost
Cost
Stage 2
2 Each
$8,527
$17,054.00
Stage I
6 Each
$8,527
$51,162.00
Estimated Totals:
8 $68,216.00
Estimated Total Streetlight Improvements Cost: $239,209.75.
Exhibits for Nicolas/Girasol Cost Participation Agreement Exhibit E
Description of the Landscape Improvements
Item
Description
Estimated Cost
1 Design and Construction Documents
$10,520
Use 3.5% of construction costs.
2 Traffic Control:
$39,000
3 Slope Grading and Hydroseed and BMPs:
$53,000
4 Landscape:
25,260 sf - Mulch @ 2" depth. Subtotal:
$7,578
5 Irrigation:
Connect to existing mainline, add'l mainline,
battery controllers, valves, lateral lines on
$170,992
grade, rotary spray heads on risers.
6 Maintenance:
Contract maintenance until turnover to County.
$30,000
$2,500/month for 12 months
Estimated Total:
$311,090
Exhibits for Nicolas/Girasol Cost Participation Agreement Exhibit F
Description of the Trail Improvements
1. Remove and dispose of existing EMWD gate.
2. Provide labor and material to install five (5) removable bollards, QCP Model #QS-8BR at the location of the existing gate.
3. Supply, install and coordinate locks for the removable bollards to the satisfaction of EMWD.
4. Cost:
Qty
UoM
Description
Amount
Extended
Amount
5 EA
QCP #QS-8RB
$ 2,362.18
$ 11,810.90
Removable Bollards
Total Estimate:
$11,810.90
Exhibits for Nicolas/Girasol Cost Participation Agreement Exhibit G
Description of the Delta Revision Offset
The Delta Revision Offset would eliminate all components of the Rock Swale, detailed below, with the exception of the twelve inches (12") of Class 1 Riprap. 12"- CLASS 1 RIPRAP
24"- WASHED MNCRETE SAND
4" - J` GRAv£L
12" - 1" GRAVEL
(RAP 6" PERFORATED PIPE
-TCYTri F FARPTr. WRAP
(35 ROCF4 SALE DERAIL
N{]7{7 S[:AII
The Delta Revision Offset would also revise the road base material specification from "CAB" to "CMB".
Delta Revision Offset
Scope
Stage
Quantity
Unit
Unit
Price
Total
Estimated Savings
Rock Swale
Rock Swale - Original Detail
1C - Offsite Nicolas
7,332
SF
$ 98.00
$ 718,536
Rock Swale - Revised Detail
1C - Offsite Nicolas
7,332
SF
$ 10.00
$ 73,320
$ 645,216
Base Material Change
Base Material - Original Spec
1C - Offsite Nicolas
98,506
SF
$ 1.65
$ 162,229
Base Material - Revised Spec
1C - Offsite Nicolas
98,506
SF
$ 1.24
$ 122,107
$ 40,122
Base Material - Original Spec
1A - Seraphina
20,927
SF
$ 1.18
$ 24,694
Base Material - Revised Spec
1A - Seraphina
20,927
SF
$ 0.75
$ 15,695
$ 8,999
Base Material - Original Spec
1B - Leifer
11,615
SF
$ 1.52
$ 17,655
Base Material - Revised Spec
1B - Leifer
11,615
SF
$ 0.75
$ 8,711
$ 8,944
Base Material - Original Spec
2 - Nicolas/Girasol
45,460
SF
$ 1.65
$ 75,009
Base Material - Revised Spec
2 - Nicolas/Girasol
45,460
SF
$ 1.25
$ 56,825
$ 18,184
Total Estimated
Savings:
$ 721,465
Item No. 11
ACTION MINUTES
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
NOVEMBER 28, 2023
COUNCIL MEMBER CURTIS BROWN
TO PARTICIPATE ELECTRONICALLY
VIA ZOOM FROM: SHERATON MAUI
2605 KAANAPALI PARKWAY
LAHAINA, MAUI, HI 96761
CALL TO ORDER at 7:07 PM: President James Stewart
ROLL CALL: Alexander, Brown (virtual), Kalfus, Schwank, Stewart CSD PUBLIC COMMENTS -None
CSD CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Kalfus. The vote reflected unanimous approval.
13. Approve Action Minutes of November 14, 2023
Recommendation:
That the Board of Directors approve action minutes of November 14, 2023.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 7:12 PM, the Community Services District meeting was formally adjourned to Tuesday, December 12, 2023 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
James Stewart, President
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 12
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Jennifer Hennessy, Director of Finance
DATE: December 12, 2023
SUBJECT: Approve Financial Statements for the 4th Quarter Ended June 30, 2023 PREPARED BY: Jennifer Hennessy, Director of Finance
RECOMMENDATION: That the Board of Directors:
1. Receive and file the financial statements for the 4th quarter ended June 30, 2023; and
2. Approve the following Fiscal Year 2022-23 Budget Adjustment:
a. Increase the TCSD Service Level "L" — Lake Park Maintenance Fund Utilities operating account (196.180.999.5240) by $5,100 to cover the higher than anticipated utilities cost.
BACKGROUND: The attached Financial Statements reflect the preliminary results for Fiscal Year Ended June 30, 2023.
FISCAL IMPACT:
None
ATTACHMENTS: TCSD Fund Summaries
City of Temecula
Fiscal Year 2022-23
( The Heart of southern California Quarterly Budget Report Wine Country
FUND: 190 - TEMECULA COMMUNITY SERVICES DISTRICT FUND
2022-23 Year to Date 2022-23 Q4 % Change
2021-22 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source
Taxes and Franchises
Special Tax (Measure C)
1,923,561
1,916,505
1,928,969
1,916,505
0 0.0%
Licenses, Permits and Service Charges
Development Impact Fees
902
0 0
0 0
0.0%
Contract Classes
823,734
1,000,000
961,966
1,000,000
0 0.0%
Classes/Activities
59,239
45,962
64,186
45,962
0 0.0%
Facility Rentals
295,437
420,486
480,329
420,486
0 0.0%
Aquatics
227,981
128,312
201,975
128,312
0 0.0%
Museum Admissions
91,610
102,612
96,876
102,612
0 0.0%
Theater Admissions
266,927
265,000
314,583
265,000
0 0.0%
Sports Leagues & Tournaments
190,761
189,562
226,819
189,562
0 0.0%
Day Camps
113,187
79,540
127,288
79,540
0 0.0%
Fines and Forfeitures
Fines & Forfeitures
50 0
0 0
0 0.0%
Use of Money and Property
Investment Interest
(25,199)
0 36,449
0 0
0.0%
Reimbursements
Other Reimbursements
172,308
125,845
123,042
125,845
0 0.0%
Operating Transfers In
Operating Transfers In
0 500,000
500,000
500,000
0 0.0%
Contribution From Measure S
10,002,131
10,295,571
10,295,571
10,295,571
0 0.0%
Miscellaneous
Miscellaneous
94,479
84,186
105,371
84,186
0 0.0%
Total Revenues and Other Sources
14,237,109
15,153,582
15,463,424
15,153,582
0 0.0%
Expenditures by Category
Salaries & Benefits
7,802,743
9,503,059
9,574,969
9,503,059
0 0.0%
Operations & Maintenance
3,908,138
4,637,834
4,272,065
4,637,834
0 0.0%
Internal Service Fund Allocations
1,942,165
2,363,872
2,272,868
2,363,872
0 0.0%
Capital Outlay
248,732
11,194
0 11,194
0 0.0%
Total Expenditures and Other Financing Uses
13,901,778
16,515,958
16,119,901
16,515,958
0 0.0%
Excess of Revenues Over (Under) Expenditures
335,331
(1,362,377)
(656,477)
(1,362,377)
0 0.0%
Fund Balance, Beginning of Year
1,238,945
1,574,276
1,574,276
1,574,276
Fund Balance, End of Year
1,574,276
211,899
917,799
211,899
Fund Description
..
City of Temecula
/ Fiscal Year 2022-23
The Heart of Southern caiifornia Quarterly Budget Report Wine Country
FUND: 190 - TEMECULA COMMUNITY SERVICES DISTRICT FUND
2022-23 Year to Date 2022-23 Q4
2021-22 Current
Actuals Revised
Change
Requested from Current
Description Actuals Budget 6-30-2023 Budget Adjustments Budget Citywide Operations reflects the collection of the Special Tax (Measure C) charged to households for recreation programs as well as fees for classes and activities. Accounts for facility operations, maintenance, and community recreation programs. Measure C was approved by residents in 1997 at a rate of $74.44 per parcel for the purpose of maintaining the City's parks, recreation facilities, arterial street lighting and traffic signals. The Special Tax revenue is allocated equally between TCSD and the General Fund to fund both recreation programs and parks maintenance.
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 191 - TCSD SERVICE LEVEL "B" STREETLIGHT REPLACEMENT FUND 2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Use of Money and Property
Investment Interest
0 0
16,786
0 0
0.0%
Operating Transfers In
Operating Transfers In
852,930
200,000
200,000
200,000
0 0.0%
Total Revenues and Other Sources
852,930
200,000
216,786
200,000
0 0.0%
Expenditures by Category
Operations & Maintenance
87 0
0 0
0 0.0%
Total Expenditures and Other Financing Uses
87 0
0 0
0 0.0%
Excess of Revenues Over (Under) Expenditures
852,843
200,000
216,786
200,000
0 0.0%
Fund Balance, Beginning of Year
0 852,843
852,843
852,843
Fund Balance, End of Year
852,843
1,052,843
1,069,628
1,052,843
Fund Description
This fund was established to accumulate resources for the replacement of street light equipment, poles and lightbulbs, as the City has acquired street lights from Southern California Edison, and to install new street lights as needed throughout the City. Each year, $200,000 is transferred to this fund from the TCSD Service Level "B" Street Lights Fund (Fund 192).
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 192 - TCSD SERVICE LEVEL "B" STREET LIGHTS FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
640,790
640,767
639,690
640,767
0 0.0%
Use of Money and Property
Investment Interest
(6,965)
0 6,657
0 0
0.0%
Total Revenues and Other Sources
633,825
640,767
646,347
640,767
0 0.0%
Expenditures by Category
Transfers
852,930
200,000
200,000
200,000
0 0.0%
Operations & Maintenance
285,166
502,030
312,080
502,030
0 0.0%
Total Expenditures and Other Financing Uses
1,138,096
702,030
512,080
702,030
0 0.0%
Excess of Revenues Over (Under) Expenditures
(504,271)
(61,263)
134,267
(61,263)
0 0.0%
Fund Balance, Beginning of Year
761,638
257,367
257,367
257,367
Fund Balance, End of Year
257,367
196,103
391,634
196,103
Fund Description
Service Level B reflects the collection of benefit assessments charged to property owners. Service Level B includes only those parcels within residential subdivisions that receive residential street lighting services. This service level includes operational, administrative, maintenance and utility costs of residential street lights. Each year, $200,000 is transferred from this fund to the TCSD Service Level "B" Streetlight Replacement Fund (Fund 191) to accommodate these costs.
( The Heart of southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 194 - TCSD SERVICE LEVEL "D" REFUSE/RECYCLING FUND 2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
8,913,039
9,550,621
9,532,420
9,550,621
0 0.0%
Recycling Program
5,000
5,000
28,008
5,000
0 0.0%
Use of Money and Property
Investment Interest
(872)
0 22,609
0 0 0.0%
Intergovernmental Revenues
Grants
0 159,957
159,957
159,957
0 0.0%
Total Revenues and Other Sources
8,917,167
9,715,578
9,742,995
9,715,578
0 0.0%
Expenditures by Category
Salaries & Benefits
67,898
71,467
78,663
71,467
0 0.0%
Operations & Maintenance
8,756,428
9,416,070
9,363,712
9,416,070
0 0.0%
Total Expenditures and Other Financing Uses
8,824,325
9,487,537
9,442,375
9,487,537
0 0.0%
Excess of Revenues Over (Under) Expenditures
92,842
228,041
300,620
228,041
0 0.0%
Fund Balance, Beginning of Year
186,902
279,744
279,744
279,744
Fund Balance, End of Year
279,744
507,784
580,363
507,784
Fund Description
Service Level D Fund is used to collect benefit assessments charged to property owners for the purpose
of providing refuse collection,
recycling, and street sweeping throughout the City,
which is provided by CR&R. In
addition, Service
Level D has
received grants to increase
recycling efforts Citywide.
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 195 - TCSD SERVICE LEVEL "R" STREET/ROAD MAINT FUND 2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
115
5,532
5,302
5,532
0 0.0%
Use of Money and Property
Investment Interest
(201)
0 579
0 0
0.0%
Total Revenues and Other Sources
(86)
5,532
5,881
5,532
0 0.0%
Expenditures by Category
Operations & Maintenance
3,321
10,532
107
10,532
0 0.0%
Total Expenditures and Other Financing Uses
3,321
10,532
107
10,532
0 0.0%
Excess of Revenues Over (Under) Expenditures
(3,407)
(5,000)
5,774
(5,000)
0 0.0%
Fund Balance, Beginning of Year
30,688
27,281
27,281
27,281
Fund Balance, End of Year
27,281
22,281
33,055
22,281
Fund Description
Service Level R Fund reflects the operational, administrative, construction and maintenance costs for certain unpaved roads that become inaccessible after inclement weather. Zone R-1 provides service in the Nicolas/Liefer Road area. The maximum rate that can be charged for Zone R-1 for an improved parcel is $115.26 and for an unimproved parcel is $57.62.
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 196 - TCSD SERVICE LEVEL "L" LAKE PARK MAINT. FUND 2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
250,186
251,691
251,292
251,691
0 0.0%
Harveston Lake Boat Revenue
7,211
4,200
5,035
4,200
0 0.0%
Use of Money and Property
Investment Interest
(3,145)
0 7,436
0 0
0.0%
Miscellaneous
Miscellaneous
0 22,500
27,930
22,500
0 0.0%
Total Revenues and Other Sources
254,252
278,391
291,693
278,391
0 0.0%
Expenditures by Category
Salaries & Benefits
29,581
11,459
12,863
11,459
0 0.0%
Operations & Maintenance
257,342
291,727
295,365
296,827
5,100
1.75%
Total Expenditures and Other Financing Uses
286,922
303,186
308,228
308,286
5,100
1.68%
Excess of Revenues Over (Under) Expenditures
(32,670)
(24,795)
(16,535)
(29,895)
(5,100)
20.57%
Fund Balance, Beginning of Year
409,961
377,291
377,291
377,291
Fund Balance, End of Year
377,291
352,496
360,757
347,396
Fund Description
Service Level L Fund reflects the benefit assessments charged to property owners for the purpose of maintaining the Harveston Lake Park.
Expenditures include operational, administrative and maintenance costs.
t
Alk
The Heart of Southern California
Wine Country
FUND: 197 - TEMECULA LIBRARY FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Printing & Copies
6,924
8,000
9,967
8,000
0 0.0%
Fines and Forfeitures
Fines & Forfeitures
25,446
26,000
32,636
26,000
0 0.0%
Use of Money and Property
Investment Interest
(4,206)
0 10,167
0 0
0.0%
Lease/Rental Income
10,268
15,000
18,192
15,000
0 0.0%
Reimbursements
Other Reimbursements
0 0
70 0
0 0.0%
Operating Transfers In
Contribution From Measure S
947,149
975,563
975,563
975,563
0 0.0%
Total Revenues and Other Sources
985,581
1,024,563
1,046,594
1,024,563
0 0.0%
Expenditures by Category
Salaries & Benefits
158,714
218,817
209,877
218,817
0 0.0%
Operations & Maintenance
511,742
500,111
498,265
500,111
0 0.0%
Internal Service Fund Allocations
321,367
359,643
329,860
359,643
0 0.0%
Capital Outlay
0 30,829
30,829
30,829
0 0.0%
Total Expenditures and Other Financing Uses
991,823
1,109,401
1,068,832
1,109,401
0 0.0%
Excess of Revenues Over (Under) Expenditures
(6,242)
(84,838)
(22,238)
(84,838)
0 0.0%
Fund Balance, Beginning of Year
531,981
525,739
525,739
525,739
Fund Balance, End of Year
525,739
440,902
503,501
440,902
Fund Description
The Library Fund is used to account for the maintenance and operations of the Ronald H. Roberts Temecula Public Library on Pauba Road.
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 501 - SERVICE LEVEL"C"ZONE 1 SADDLEWOOD FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
37,944
37,932
37,526
37,932
0 0.0%
Use of Money and Property
Investment Interest
(98)
0 188
0 0
0.0%
Total Revenues and Other Sources
37,846
37,932
37,714
37,932
0 0.0%
Expenditures by Category
Salaries & Benefits
2 0
0 0
0 0.0%
Operations & Maintenance
39,158
37,619
32,531
37,619
0 0.0%
Total Expenditures and Other Financing Uses
39,161
37,619
32,531
37,619
0 0.0%
Excess of Revenues Over (Under) Expenditures
(1,315)
313
5,183
313
0 0.0%
Fund Balance, Beginning of Year
14,333
13,018
13,018
13,018
Fund Balance, End of Year
13,018
13,331
18,201
13,331
Fund Description
Service Level C Fund reflects the collection of benefit assessments charged to property owners for the purpose of providing perimeter landscaping and slope maintenance throughout the City. Service Level C assesses only those parcels within residential subdivisions receiving TCSD perimeter landscaping and slope maintenance and are separated into 32 zones. The rate levels for Zones 6 and 29, are subject to a Consumer Price Index -Urban Consumers (CPI-U) annual inflator while all other rate levels will not increase. Zones 30-32 will not be assessed, as the property owners have elected to have the landscaping maintained by the respective Homeowner's Associations (HOAs).
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 502 - SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK FUND 2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
42,659
42,542
42,545
42,542
0 0.0%
Use of Money and Property
Investment Interest
(864)
0 2,319
0 0
0.0%
Total Revenues and Other Sources
41,795
42,542
44,863
42,542
0 0.0%
Expenditures by Category
Salaries & Benefits
27 0
0 0
0 0.0%
Operations & Maintenance
36,678
59,360
40,110
59,360
0 0.0%
Total Expenditures and Other Financing Uses
36,705
59,360
40,110
59,360
0 0.0%
Excess of Revenues Over (Under) Expenditures
5,090
(16,818)
4,753
(16,818)
0 0.0%
Fund Balance, Beginning of Year
111,673
116,763
116,763
116,763
Fund Balance, End of Year
116,763
99,945
121,516
99,945
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 503 - SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS FUND 2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
47,534
47,328
47,414
47,328
0 0.0%
Use of Money and Property
Investment Interest
(362)
0 1,070
0 0
0.0%
Total Revenues and Other Sources
47,171
47,328
48,484
47,328
0 0.0%
Expenditures by Category
Salaries & Benefits
27 0
0 0
0 0.0%
Operations & Maintenance
35,529
50,859
40,284
50,859
0 0.0%
Total Expenditures and Other Financing Uses
35,557
50,859
40,284
50,859
0 0.0%
Excess of Revenues Over (Under) Expenditures
11,615
(3,531)
8,200
(3,531)
0 0.0%
Fund Balance, Beginning of Year
46,464
58,079
58,079
58,079
Fund Balance, End of Year
58,079
54,548
66,278
54,548
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 504 - SERVICE LEVEL"C"ZONE 4 THE VINEYARDS FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
6,394
6,394
6,348
6,394
0 0.0%
Use of Money and Property
Investment Interest
(36)
0 105
0 0
0.0%
Total Revenues and Other Sources
6,358
6,394
6,453
6,394
0 0.0%
Expenditures by Category
Salaries & Benefits
102
0 0
0 0
0.0%
Operations & Maintenance
5,171
6,503
5,181
6,503
0 0.0%
Total Expenditures and Other Financing Uses
5,273
6,503
5,181
6,503
0 0.0%
Excess of Revenues Over (Under) Expenditures
1,085
(109)
1,272
(109)
0 0.0%
Fund Balance, Beginning of Year
4,727
5,812
5,812
5,812
Fund Balance, End of Year
5,812
5,703
7,084
5,703
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 505 - SERVICE LEVEL"C"ZONE 5 SIGNET SERIES FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
39,365
39,025
39,025
39,025
0 0.0%
Use of Money and Property
Investment Interest
(211)
0 396
0 0
0.0%
Total Revenues and Other Sources
39,154
39,025
39,421
39,025
0 0.0%
Expenditures by Category
Salaries & Benefits
27 0
0 0
0 0.0%
Operations & Maintenance
48,406
38,053
29,065
38,053
0 0.0%
Total Expenditures and Other Financing Uses
48,434
38,053
29,065
38,053
0 0.0%
Excess of Revenues Over (Under) Expenditures
(9,280)
972
10,356
972
0 0.0%
Fund Balance, Beginning of Year
31,202
21,922
21,922
21,922
Fund Balance, End of Year
21,922
22,894
32,279
22,894
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 506 - SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY FUND 2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
27,266
28,625
28,625
28,625
0 0.0%
Use of Money and Property
Investment Interest
(308)
0 826
0 0
0.0%
Total Revenues and Other Sources
26,957
28,625
29,451
28,625
0 0.0%
Expenditures by Category
Salaries & Benefits
27 0
0 0
0 0.0%
Operations & Maintenance
24,043
30,755
15,015
30,755
0 0.0%
Total Expenditures and Other Financing Uses
24,071
30,755
15,015
30,755
0 0.0%
Excess of Revenues Over (Under) Expenditures
2,887
(2,130)
14,435
(2,130)
0 0.0%
Fund Balance, Beginning of Year
36,900
39,787
39,787
39,787
Fund Balance, End of Year
39,787
37,657
54,222
37,657
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 507 - SERVICE LEVEL"C"ZONE 7 RIDGEVIEW FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
15,314
15,308
15,308
15,308
0 0.0%
Use of Money and Property
Investment Interest
(70)
0 141
0 0
0.0%
Total Revenues and Other Sources
15,245
15,308
15,449
15,308
0 0.0%
Expenditures by Category
Salaries & Benefits
2 0
0 0
0 0.0%
Operations & Maintenance
17,757
15,179
10,786
15,179
0 0.0%
Total Expenditures and Other Financing Uses
17,759
15,179
10,786
15,179
0 0.0%
Excess of Revenues Over (Under) Expenditures
(2,514)
129
4,663
129
0 0.0%
Fund Balance, Beginning of Year
9,992
7,478
7,478
7,478
Fund Balance, End of Year
7,478
7,607
12,141
7,607
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 508 - SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
137,155
137,025
136,500
137,025
0 0.0%
Use of Money and Property
Investment Interest
(816)
0 1,989
0 0
0.0%
Total Revenues and Other Sources
136,339
137,025
138,489
137,025
0 0.0%
Expenditures by Category
Salaries & Benefits
13,643
0 0
0 0
0.0%
Operations & Maintenance
114,724
151,464
129,826
151,464
0 0.0%
Total Expenditures and Other Financing Uses
128,368
151,464
129,826
151,464
0 0.0%
Excess of Revenues Over (Under) Expenditures
7,971
(14,439)
8,663
(14,439)
0 0.0%
Fund Balance, Beginning of Year
109,757
117,728
117,728
117,728
Fund Balance, End of Year
117,728
103,289
126,392
103,289
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 509 - SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
5,106
5,106
5,057
5,106
0 0.0%
Use of Money and Property
Investment Interest
(237)
0 588
0 0
0.0%
Total Revenues and Other Sources
4,869
5,106
5,645
5,106
0 0.0%
Expenditures by Category
Salaries & Benefits
2 0
0 0
0 0.0%
Operations & Maintenance
3,785
14,115
6,899
14,115
0 0.0%
Total Expenditures and Other Financing Uses
3,787
14,115
6,899
14,115
0 0.0%
Excess of Revenues Over (Under) Expenditures
1,081
(9,009)
(1,254)
(9,009)
0 0.0%
Fund Balance, Beginning of Year
31,064
32,145
32,145
32,145
Fund Balance, End of Year
32,145
23,137
30,891
23,137
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 510 - SERVICE LEVEL"C"ZONE 10 MARTINIQUE FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
9,744
9,744
9,744
9,744
0 0.0%
Use of Money and Property
Investment Interest
(102)
0 281
0 0
0.0%
Total Revenues and Other Sources
9,642
9,744
10,025
9,744
0 0.0%
Expenditures by Category
Salaries & Benefits
27 0
0 0
0 0.0%
Operations & Maintenance
10,203
12,052
8,446
12,052
0 0.0%
Total Expenditures and Other Financing Uses
10,230
12,052
8,446
12,052
0 0.0%
Excess of Revenues Over (Under) Expenditures
(588)
(2,308)
1,579
(2,308)
0 0.0%
Fund Balance, Beginning of Year
14,882
14,294
14,294
14,294
Fund Balance, End of Year
14,294
11,987
15,873
11,987
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 511 - SERVICE LEVEL"C"ZONE 11 MEADOWVIEW FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
2,450
2,450
2,450
2,450
0 0.0%
Use of Money and Property
Investment Interest
(29)
0 63
0 0
0.0%
Total Revenues and Other Sources
2,421
2,450
2,513
2,450
0 0.0%
Expenditures by Category
Salaries & Benefits
2 0
0 0
0 0.0%
Operations & Maintenance
2,854
2,379
2,015
2,379
0 0.0%
Total Expenditures and Other Financing Uses
2,856
2,379
2,015
2,379
0 0.0%
Excess of Revenues Over (Under) Expenditures
(435)
71 498
71 0
0.0%
Fund Balance, Beginning of Year
3,923
3,488
3,488
3,488
Fund Balance, End of Year
3,488
3,560
3,986
3,560
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 512 - SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
96,326
96,396
96,036
96,396
0 0.0%
Use of Money and Property
Investment Interest
(733)
0 1,435
0 0
0.0%
Total Revenues and Other Sources
95,594
96,396
97,471
96,396
0 0.0%
Expenditures by Category
Salaries & Benefits
6,821
0 0
0 0
0.0%
Operations & Maintenance
119,428
113,543
94,468
113,543
0 0.0%
Total Expenditures and Other Financing Uses
126,249
113,543
94,468
113,543
0 0.0%
Excess of Revenues Over (Under) Expenditures
(30,656)
(17,147)
3,004
(17,147)
0 0.0%
Fund Balance, Beginning of Year
116,858
86,202
86,202
86,202
Fund Balance, End of Year
86,202
69,056
89,206
69,056
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 513 - SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP FUND 2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
34,173
34,224
34,100
34,224
0 0.0%
Use of Money and Property
Investment Interest
(218)
0 609
0 0
0.0%
Total Revenues and Other Sources
33,955
34,224
34,709
34,224
0 0.0%
Expenditures by Category
Salaries & Benefits
684
0 0
0 0
0.0%
Operations & Maintenance
29,369
38,151
35,454
38,151
0 0.0%
Total Expenditures and Other Financing Uses
30,052
38,151
35,454
38,151
0 0.0%
Excess of Revenues Over (Under) Expenditures
3,902
(3,927)
(744)
(3,927)
0 0.0%
Fund Balance, Beginning of Year
30,775
34,677
34,677
34,677
Fund Balance, End of Year
34,677
30,751
33,933
30,751
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 514 - SERVICE LEVEL"C"ZONE 14 MORRISON HOMES FUND 2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
14,774
14,774
14,368
14,774
0 0.0%
Use of Money and Property
Investment Interest
(95)
0 208
0 0
0.0%
Total Revenues and Other Sources
14,679
14,774
14,577
14,774
0 0.0%
Expenditures by Category
Salaries & Benefits
2 0
0 0
0 0.0%
Operations & Maintenance
14,806
16,247
13,495
16,247
0 0.0%
Total Expenditures and Other Financing Uses
14,808
16,247
13,495
16,247
0 0.0%
Excess of Revenues Over (Under) Expenditures
(129)
(1,473)
1,081
(1,473)
0 0.0%
Fund Balance, Beginning of Year
12,311
12,182
12,182
12,182
Fund Balance, End of Year
12,182
10,709
13,263
10,709
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 515 - SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES FUND 2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
9,904
9,800
9,800
9,800
0 0.0%
Use of Money and Property
Investment Interest
(92)
0 231
0 0
0.0%
Total Revenues and Other Sources
9,812
9,800
10,031
9,800
0 0.0%
Expenditures by Category
Salaries & Benefits
2 0
0 0
0 0.0%
Operations & Maintenance
10,090
11,038
6,698
11,038
0 0.0%
Total Expenditures and Other Financing Uses
10,092
11,038
6,698
11,038
0 0.0%
Excess of Revenues Over (Under) Expenditures
(280)
(1,238)
3,333
(1,238)
0 0.0%
Fund Balance, Beginning of Year
12,013
11,733
11,733
11,733
Fund Balance, End of Year
11,733
10,495
15,066
10,495
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 516 - SERVICE LEVEL"C"ZONE 16 TRADEWINDS FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
38,022
37,800
37,625
37,800
0 0.0%
Use of Money and Property
Investment Interest
(542)
0 1,647
0 0
0.0%
Total Revenues and Other Sources
37,480
37,800
39,272
37,800
0 0.0%
Expenditures by Category
Salaries & Benefits
684
0 0
0 0
0.0%
Operations & Maintenance
20,918
53,417
36,670
53,417
0 0.0%
Total Expenditures and Other Financing Uses
21,601
53,417
36,670
53,417
0 0.0%
Excess of Revenues Over (Under) Expenditures
15,879
(15,617)
2,602
(15,617)
0 0.0%
Fund Balance, Beginning of Year
66,211
82,090
82,090
82,090
Fund Balance, End of Year
82,090
66,473
84,692
66,473
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 517 - SERVICE LEVEL"C"ZONE 17 MONTE VISTA FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
2,116
2,116
2,070
2,116
0 0.0%
Use of Money and Property
Investment Interest
(17)
0 48
0 0
0.0%
Total Revenues and Other Sources
2,099
2,116
2,118
2,116
0 0.0%
Expenditures by Category
Salaries & Benefits
2 0
0 0
0 0.0%
Operations & Maintenance
1,823
2,089
1,634
2,089
0 0.0%
Total Expenditures and Other Financing Uses
1,826
2,089
1,634
2,089
0 0.0%
Excess of Revenues Over (Under) Expenditures
273
27 484
27 0
0.0%
Fund Balance, Beginning of Year
2,293
2,566
2,566
2,566
Fund Balance, End of Year
2,566
2,594
3,050
2,594
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 518 - SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
93,342
94,010
92,941
94,010
0 0.0%
Use of Money and Property
Investment Interest
(473)
0 957
0 0
0.0%
Total Revenues and Other Sources
92,869
94,010
93,898
94,010
0 0.0%
Expenditures by Category
Salaries & Benefits
4,094
0 0
0 0
0.0%
Operations & Maintenance
98,813
89,427
71,359
89,427
0 0.0%
Total Expenditures and Other Financing Uses
102,906
89,427
71,359
89,427
0 0.0%
Excess of Revenues Over (Under) Expenditures
(10,037)
4,583
22,539
4,583
0 0.0%
Fund Balance, Beginning of Year
62,293
52,256
52,256
52,256
Fund Balance, End of Year
52,256
56,839
74,795
56,839
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 519 - SERVICE LEVEL"C"ZONE 19 CHANTEMAR FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
54,612
54,450
54,485
54,450
0 0.0%
Use of Money and Property
Investment Interest
(604)
0 1,576
0 0
0.0%
Total Revenues and Other Sources
54,009
54,450
56,061
54,450
0 0.0%
Expenditures by Category
Salaries & Benefits
5,731
0 0
0 0
0.0%
Operations & Maintenance
48,160
82,041
60,021
82,041
0 0.0%
Total Expenditures and Other Financing Uses
53,891
82,041
60,021
82,041
0 0.0%
Excess of Revenues Over (Under) Expenditures
118
(27,591)
(3,960)
(27,591)
0 0.0%
Fund Balance, Beginning of Year
87,754
87,872
87,872
87,872
Fund Balance, End of Year
87,872
60,280
83,912
60,280
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 520 - SERVICE LEVEL"C"ZONE 20 CROWNE HILL FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
177,513
177,975
177,987
177,975
0 0.0%
Use of Money and Property
Investment Interest
(1,698)
0 4,973
0 0
0.0%
Total Revenues and Other Sources
175,815
177,975
182,960
177,975
0 0.0%
Expenditures by Category
Salaries & Benefits
13,638
0 0
0 0
0.0%
Operations & Maintenance
139,232
191,303
163,508
191,303
0 0.0%
Total Expenditures and Other Financing Uses
152,870
191,303
163,508
191,303
0 0.0%
Excess of Revenues Over (Under) Expenditures
22,944
(13,328)
19,452
(13,328)
0 0.0%
Fund Balance, Beginning of Year
232,805
255,749
255,749
255,749
Fund Balance, End of Year
255,749
242,422
275,202
242,422
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 521 - SERVICE LEVEL"C"ZONE 21 VAIL RANCH FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
228,591
228,201
227,139
228,201
0 0.0%
Use of Money and Property
Investment Interest
(1,227)
0 3,099
0 0
0.0%
Total Revenues and Other Sources
227,365
228,201
230,238
228,201
0 0.0%
Expenditures by Category
Salaries & Benefits
25,952
0 0
0 0
0.0%
Operations & Maintenance
211,908
233,386
214,011
233,386
0 0.0%
Total Expenditures and Other Financing Uses
237,860
233,386
214,011
233,386
0 0.0%
Excess of Revenues Over (Under) Expenditures
(10,495)
(5,185)
16,227
(5,185)
0 0.0%
Fund Balance, Beginning of Year
195,719
185,224
185,224
185,224
Fund Balance, End of Year
185,224
180,038
201,451
180,038
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 522 - SERVICE LEVEL"C"ZONE 22 SUTTON PLACE FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
4,408
4,408
4,408
4,408
0 0.0%
Use of Money and Property
Investment Interest
(79)
0 213
0 0
0.0%
Total Revenues and Other Sources
4,329
4,408
4,621
4,408
0 0.0%
Expenditures by Category
Salaries & Benefits
2 0
0 0
0 0.0%
Operations & Maintenance
3,793
5,955
3,558
5,955
0 0.0%
Total Expenditures and Other Financing Uses
3,796
5,955
3,558
5,955
0 0.0%
Excess of Revenues Over (Under) Expenditures
534
(1,547)
1,063
(1,547)
0 0.0%
Fund Balance, Beginning of Year
10,707
11,241
11,241
11,241
Fund Balance, End of Year
11,241
9,694
12,304
9,694
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 523 - SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
8,363
8,400
8,470
8,400
0 0.0%
Use of Money and Property
Investment Interest
(188)
0 544
0 0
0.0%
Total Revenues and Other Sources
8,175
8,400
9,014
8,400
0 0.0%
Expenditures by Category
Salaries & Benefits
54 0
0 0
0 0.0%
Operations & Maintenance
4,401
16,468
6,864
16,468
0 0.0%
Total Expenditures and Other Financing Uses
4,455
16,468
6,864
16,468
0 0.0%
Excess of Revenues Over (Under) Expenditures
3,720
(8,068)
2,150
(8,068)
0 0.0%
Fund Balance, Beginning of Year
23,667
27,387
27,387
27,387
Fund Balance, End of Year
27,387
19,319
29,537
19,319
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 524 - SERVICE LEVEL"C"ZONE 24 HARVESTON FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
162,547
162,100
161,473
162,100
0 0.0%
Use of Money and Property
Investment Interest
(302)
0 850
0 0
0.0%
Total Revenues and Other Sources
162,246
162,100
162,324
162,100
0 0.0%
Expenditures by Category
Salaries & Benefits
10,927
0 0
0 0
0.0%
Operations & Maintenance
155,928
162,041
146,351
162,041
0 0.0%
Total Expenditures and Other Financing Uses
166,855
162,041
146,351
162,041
0 0.0%
Excess of Revenues Over (Under) Expenditures
(4,609)
59 15,972
59 0
0.0%
Fund Balance, Beginning of Year
55,446
50,837
50,837
50,837
Fund Balance, End of Year
50,837
50,896
66,809
50,896
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 525 - SERVICE LEVEL"C"ZONE 25 SERENA HILLS FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
43,913
44,000
43,700
44,000
0 0.0%
Use of Money and Property
Investment Interest
(492)
0 1,361
0 0
0.0%
Total Revenues and Other Sources
43,421
44,000
45,061
44,000
0 0.0%
Expenditures by Category
Salaries & Benefits
1,366
0 0
0 0
0.0%
Operations & Maintenance
41,115
56,995
36,506
56,995
0 0.0%
Total Expenditures and Other Financing Uses
42,481
56,995
36,506
56,995
0 0.0%
Excess of Revenues Over (Under) Expenditures
940
(12,995)
8,555
(12,995)
0 0.0%
Fund Balance, Beginning of Year
69,972
70,912
70,912
70,912
Fund Balance, End of Year
70,912
57,917
79,467
57,917
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 526 - SERVICE LEVEL"C"ZONE 26 GALLERY TRADITION FUND 2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
2,025
2,160
2,160
2,160
0 0.0%
Use of Money and Property
Investment Interest
(14)
0 38
0 0
0.0%
Total Revenues and Other Sources
2,011
2,160
2,198
2,160
0 0.0%
Expenditures by Category
Salaries & Benefits
2 0
0 0
0 0.0%
Operations & Maintenance
1,929
2,110
1,638
2,110
0 0.0%
Total Expenditures and Other Financing Uses
1,931
2,110
1,638
2,110
0 0.0%
Excess of Revenues Over (Under) Expenditures
80 50
560
50 0
0.0%
Fund Balance, Beginning of Year
1,921
2,001
2,001
2,001
Fund Balance, End of Year
2,001
2,050
2,561
2,050
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 527 - SERVICE LEVEL"C"ZONE 27 AVONDALE FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
9,071
9,100
8,995
9,100
0 0.0%
Use of Money and Property
Investment Interest
(68)
0 180
0 0
0.0%
Total Revenues and Other Sources
9,003
9,100
9,175
9,100
0 0.0%
Expenditures by Category
Salaries & Benefits
27 0
0 0
0 0.0%
Operations & Maintenance
8,605
11,120
7,624
11,120
0 0.0%
Total Expenditures and Other Financing Uses
8,632
11,120
7,624
11,120
0 0.0%
Excess of Revenues Over (Under) Expenditures
371
(2,020)
1,551
(2,020)
0 0.0%
Fund Balance, Beginning of Year
9,261
9,632
9,632
9,632
Fund Balance, End of Year
9,632
7,612
11,183
7,612
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 528 - SERVICE LEVEL"C"ZONE 28 WOLF CREEK FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
234,250
232,974
232,567
232,974
0 0.0%
Use of Money and Property
Investment Interest
(5,457)
0 7,581
0 0
0.0%
Total Revenues and Other Sources
228,793
232,974
240,148
232,974
0 0.0%
Expenditures by Category
Salaries & Benefits
27,314
0 0
0 0
0.0%
Operations & Maintenance
216,874
230,690
201,755
230,690
0 0.0%
Transfers
28,346
371,654
19,954
371,654
0 0.0%
Total Expenditures and Other Financing Uses
272,534
602,344
221,709
602,344
0 0.0%
Excess of Revenues Over (Under) Expenditures
(43,741)
(369,370)
18,440
(369,370)
0 0.0%
Fund Balance, Beginning of Year
336,098
292,357
292,357
292,357
Fund Balance, End of Year
292,357
310,797
310,797
(77,013)
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 529 - SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT FUND 2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
5,301
4,462
4,239
4,462
0 0.0%
Use of Money and Property
Investment Interest
(53)
0 160
0 0
0.0%
Total Revenues and Other Sources
5,248
4,462
4,398
4,462
0 0.0%
Expenditures by Category
Salaries & Benefits
2 0
0 0
0 0.0%
Operations & Maintenance
2,201
3,978
3,078
3,978
0 0.0%
Total Expenditures and Other Financing Uses
2,202
3,978
3,078
3,978
0 0.0%
Excess of Revenues Over (Under) Expenditures
3,046
484
1,321
484
0 0.0%
Fund Balance, Beginning of Year
5,195
8,241
8,241
8,241
Fund Balance, End of Year
8,241
8,725
9,562
8,725
Fund Description
t
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
FUND: 530 - SERVICE LEVEL"C"ZONE 30 FUTURE ZONES FUND
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments Budget
Revenues by Source
Use of Money and Property
Investment Interest
(268)
0 0
0 0 0.0%
Total Revenues and Other Sources
(268)
0 0
0 0 0.0%
Excess of Revenues Over (Under) Expenditures
(268)
0 0
0 0 0.0%
Fund Balance, Beginning of Year
36,330
36,062
36,062
36,062
Fund Balance, End of Year
36,062
36,062
36,062
36,062
Fund Description
Item No. 13
THE SUCCESSOR AGENCY
TO THE TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Board of Directors
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 12, 2023
SUBJECT: Approve Financial Statements for the 4th Quarter Ended June 30, 2023 PREPARED BY: Jennifer Hennessy, Director of Finance
RECOMMENDATION: That the Board of Directors receive and file the financial statements for the 4th quarter ended June 30, 2023.
BACKGROUND: The attached financial statements reflect the preliminary results for Fiscal Year Ended June 30, 2023.
FISCAL IMPACT: None
ATTACHMENTS: SARDA Fund Summaries
t
Alk
The Heart of Southern California
Wine Country
FUND: 380 - SARDA DEBT SERVICE FUND
City of Temecula
Fiscal Year 2022-23
Quarterly Budget Report
2022-23
Year to Date
2022-23 Q4
% Change
2021-22
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2023
Budget
Adjustments
Budget
Revenues by Source
Taxes and Franchises
Redevelopment Property Tax Fund Distribution
0 7,127,194
0 7,127,194
0 0.0%
Use of Money and Property
Investment Interest
11,926
0 217,374
0 0
0.0%
Operating Transfers In
Operating Transfers In
9,636,926
0 6,843,276
0 0
0.0%
Total Revenues and Other Sources
9,648,852
7,127,194
7,060,650
7,127,194
0 0.0%
Expenditures by Category
Operations & Maintenance
1,571,207
299,172
1,570,747
299,172
0 0.0%
Debt Service - Principal
0 2,625,000
0 2,625,000
0 0.0%
Debt Service - Interest
3,070,844
2,975,694
2,975,694
2,975,694
0 0.0%
Transfers
7,416,607
7,653,330
2,702,005
7,653,330
0 0.0%
Total Expenditures and Other Financing Uses
12,058,657
13,553,196
7,248,446
13,553,196
0 0.0%
Excess of Revenues Over (Under) Expenditures
(2,409,805)
(6,426,002)
(187,796)
(6,426,002)
0 0.0%
Fund Balance, Beginning of Year
(33,782,877)
(36,192,682)
(36,192,682)
(36,192,682)
Fund Balance, End of Year
(36,192,682)
(42,618,684)
(36,380,478)
(42,618,684)
Fund Description
The Successor Agency to the Redevelopment Agency (SARDA) Debt Service Fund was established to account for payment obligations of the Successor Agency as a result of the State's dissolution of Redevelopment Agencies. This is a private -purpose trust fund that is used to account for resources held and administered by the SARDA acting in a fiduciary capacity for other governments.
Item No. 14
THE SUCCESSOR AGENCY
TO THE TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Board of Directors
FROM: Luke Watson, Deputy City Manager
DATE: December 12, 2023
SUBJECT: Approve Recognized Obligation Payment Schedule and Administrative Budget for the Period of July 1, 2024 Through June 30, 2025 (ROPS 24-25) PREPARED BY: Haide Urias, Housing and Real Estate Analyst RECOMMENDATION: That the Board of Directors adopt resolutions entitled:
RESOLUTION NO. SARDA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY APPROVING A RECOGNIZED
OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF
JULY 1, 2024 THROUGH JUNE 30, 2025 PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34177 AND TAKING
CERTAIN ACTIONS IN CONNECTION THEREWITH
RESOLUTION NO. SARDA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY APPROVING THE PROPOSED
ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND
SAFETY CODE SECTION 34177 AND TAKING CERTAIN
ACTIONS IN CONNECTION THEREWITH
BACKGROUND: Pursuant to Health and Safety Code Section 34177 and Section 34177 (o), successor agencies are required to prepare, in advance, a Recognized Obligation Payment Schedule (ROPS) that is forward looking for twelve months. The ROPS lists all of the Successor Agency's anticipated payments for enforceable obligations during the covered period.
The Successor Agency is required to submit this ROPS for the period of July 1, 2024, through June 30, 2025 to the Riverside County Oversight Board for approval by January 30, 2024, and the State Department of Finance, the State Controller's Office, and the County Auditor Controller no later than February 1, 2024.
Preparation of a Recognized Obligation Payment Schedule is in furtherance of allowing the Successor Agency to pay enforceable obligations of the former Redevelopment Agency.
Administrative Budget
The proposed administrative budget must include all the following:
• Estimated amounts for Successor Agency administrative costs for the applicable six-month fiscal period
• Proposed sources of payment for the administrative costs; and • Proposals for arrangements for administrative and operations services provided by the City or other entity.
ABX1 26 provides that the Successor Agency may include, among others, the value of City staff, including employee benefits, necessary for the administration and operations of the Successor Agency; and the cost of other resources of the City necessary for the administration and operations of the Successor Agency, such as office space, supplies, equipment, utilities, and insurance.
ABX1 26 provides for an administrative cost allowance to annually be paid to the Successor Agency of not less than $250,000 a year. However, in the event there are insufficient funds to pay the former Redevelopment Agency's enforceable obligations, some or all the administrative cost allowance will be used to pay for the enforceable obligations, and these funds will not be available for administrative expenses of the Successor Agency.
The administrative cost allowance will exclude any administrative costs that can be paid from bond proceeds or from sources other than property tax. However, the use of bond proceeds to pay administrative expenses is subject to certain limitations.
The Successor Agency is now required to submit each proposed administrative budget to the County Oversight Board for its approval. The Successor Agency is also required to provide administrative cost estimates from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the County Auditor -Controller for each six-month fiscal period.
The attached Resolution approves the proposed administrative budget for FY 2024-25, which is attached as Exhibits A to the Resolution. Because of the County's early deadline for the approval of the proposed budget, the attached proposed budget is based upon the 2024-25 budget.
FISCAL IMPACT: Adoption of the proposed resolution will enable the Successor Agency to fulfill its enforceable obligations. In accordance with Health and Safety Code Section 34173(e), the liability of the Successor Agency, acting pursuant to the powers granted under Part
1.85, shall be limited to the extent of, and payable solely from, the total sum of property tax revenues it receives pursuant to Part 1.85 and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency. The debts, assets, liabilities, and obligations of the Successor Agency shall be solely the debts, assets, liabilities, and obligations of the Successor Agency and not of the City.
ABX1 26 provides for an administrative cost allowance to annually be paid to the Successor Agency of not less than $250,000 a year, as outlined in the proposed 2024-25 Administrative Budget.
ATTACHMENTS: 1. Resolution - ROPS
2. Exhibit A — Recognized Obligations Payment Schedule for the period of July 1, 2024 through June 30, 2025 (ROPS 24-25)
3. Resolution — Budget
4. Exhibit A — 2024-25 Successor Agency to the Redevelopment Administrative Budget
RESOLUTION NO. SARDA 2023-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY APPROVING A
RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR
THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2025
PURSUANT TO HEALTH AND SAFETY CODE SECTION
34177 AND TAKING CERTAIN ACTIONS IN
CONNECTION THEREWITH
THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that:
A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council.
B. The City Council of the City of Temecula adopted Resolution No. 12-02 January 10, 2012, pursuant to Health and Safety Code Section 34173 and applicable law electing for the City to serve as the Successor Agency for the Temecula Redevelopment Agency upon the dissolution of the Redevelopment Agency of the City of Temecula. The City Council of the City of Temecula, acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency, adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency").
C. Pursuant to Health and Safety Code Section 34175(b) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al. (53 CalAth 231(2011)), on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings, and equipment of the former Temecula Redevelopment Agency transferred to the control of the Successor Agency by operation of law.
D. Pursuant to Health and Safety Code Section 34177(o), the Successor Agency must prepare a Recognized Obligation Payment Schedule listing the anticipated payments for enforceable obligations to be made by the Successor Agency during the fiscal period from July 1, 2024 through June 30, 2025 (ROPS 24-25) and submit ROPS 24-25 to the Riverside County Oversight Board of the Successor Agency (the "Oversight Board") for approval.
E. Accordingly, the Board desires to adopt this Resolution approving the ROPS 24-
25. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34177.
Section 3. The Board hereby approves ROPS 24-25 substantially in the form attached as Exhibit A to this Resolution and incorporated herein by reference (the "ROPS"). The Executive Director of the Successor Agency, in consultation with the Successor Agency's legal counsel, may modify the ROPS 24-25 as the Executive Director or the Successor Agency's legal counsel deems necessary or advisable.
Section 4. The Board hereby designates the Finance Director as the official to whom the DOF may make requests for review in connection with the ROPS 24-25 and who shall provide the DOF with the telephone number and e-mail contact information for the purpose of communicating with the DOF.
Section 5. Staff is hereby authorized and directed to post a copy of the Oversight Board -approved ROPS 24-25 on the Successor Agency's website.
Section 6. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including submitting the ROPS 24-25 to the oversight board for approval and requesting additional review by the DOF and an opportunity to meet and confer on any disputed items, and any such actions previously taken by such officers are hereby ratified and confirmed.
Section 7. The Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 12th day of December, 2023.
Zak Schwank, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 2023- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 12th day of December, 2023, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
EXHIBIT A
Recognized Obligations Payment Schedule (ROPS) for the period July 1, 2024 through June 30, 2025 (ROPS 24-25)
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Temecula
County: Riverside
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
A Enforceable Obligations Funded as Follows (B+C+D)
B Bond Proceeds
C Reserve Balance
D Other Funds
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G
F RPTTF
G Administrative RPTTF
H Current Period Enforceable Obligations (A+E)
Certification of Oversight Board Chairman:
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency.
24-25A Total 24-25B Total ROPS 24-25
(July - (January - Total
December) June)
$ 3,945,168 $ 3,645,567 $ 7,590,735
3,820,168 3,520,567 7,340,735
125,000 125,000 250,000
$ 3,945,168 $ 3,645,567 $ 7,590,735
Name Title
/s/
Signature Date
Temecula
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025
A
B
C
D
E
F
G
H
I
J
K
L
M
I N
1 O
P
Q
R
S
T
I U
V
W
ROPS 24-25A (Jul - Dec)
ROPS 24-25B (Jan - Jun)
Item
Obligation
Agreement
Agreement
Project
Total
ROPS
24-25A
24-25B
Fund Sources
Fund Sources
#
Project Name
Type
Execution
Termination
Payee
Description
Area
Outstanding
Retired
24-25
Total
Total
Date
Date
Obligation
Total
Bond
Reserve
Other
RPTTF
Admin
Bond
Reserve
Other
RPTTF
Admin
Proceeds
Balance
Funds
RPTTF
Proceeds
Balance
Funds
RPTTF
$7,590,735
$7,590,735
$-
$-
$-
$3,820,168
$125,000
$3,945,168
$-
$-
$-
$3,520,567
$125,000
$3,645,567
1 Trustee Admin
Fees
04/24/
06/30/2036
US Bank as
Trustee Fees
No.
4,500
N
$4,500
-
-
-
4,500
-
$4,500
-
-
-
-
-
$-
Fees
2002
Trustee for
for TAB Bond
1-1988
Bondholders
Issues
3 Abbott OPA
OPA/DDA/
02/12/
02/12/2030
Abbott
Reimbursement
No.
750,000
N
$750,000
-
-
-
375,000
-
$375,000
-
-
-
375,000
-
$375,000
Construction
2002
Vascular
for
1-1988
Development
Improvements
4 SERAF
SERAF/
05/10/
05/10/2025
Low -Mod
Loan of Low
No.
620,091
N
$620,091
-
-
-
310,046
-
$310,046
-
-
-
310,045
-
$310,045
Payment
ERAF
2011
Housing
Mod to
1-1988
Reimbursment
Fund
Redeve. Fund
for SERAF
5 Temecula
OPA/DDA/
07/01/
07/01/2027
Temecula
Loan for
No.
295,000
N
$295,000
-
-
-
295,000
-
$295,000
-
-
-
-
-
$-
Gardens L.P
Construction
1998
Gardens
Affordable
1-1988
Loan
L.P.
Housing
Agreement
20 Agency
Admin
07/01/
06/30/2016
Multiple
Agency Staff
No.
250,000
N
$250,000
-
-
-
-
125,000
$125,000
-
-
-
-
125,000
$125,000
Administration
Costs
2012
Payees
Compensation /
1-1998
Agency Admin
31 Tax Allocation
Refunding
12/14/
12/15/2038
US Bank as
Bonds Issues
No.
3,562,500
N
$3,562,500
-
-
-
1,784,000
-
$1,784,000
-
-
-
1,778,500
-
$1,778,500
Refunding
Bonds
2017
Trustee for
to Fund
1-1998
Bonds Series
Issued After
Bondholders
Redevelopment
2017A
6/27/12
Activities
32 Tax Allocation
Refunding
12/14/
12/15/2039
US Bank as
Bonds Issues
No.
2,108,644
N
$2,108,644
-
-
-
1,051,622
-
$1,051,622
-
-
-
1,057,022
-
$1,057,022
Refunding
Bonds
2017
Trustee for
to Fund
1-1988
Bonds Series
Issued After
Bondholders
Redevelopment
2017B
6/27/12
Activities
Temecula
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (1), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A
B
C
D
E
F
G
H
Fund Sources
Bond Proceeds
Reserve Balance
Other Funds
RPTTF
Prior ROPS
ROPS 21-22 Cash Balances
RPTTF and
Comments
(07/01/21 - 06/30/22)
Bonds issued
Bonds issued
Reserve
Rent, grants,
Non-Admin
on or before
12/31 /10
on or after
01 /01 /11
Balances retained
interest, etc.
and Admin
for future
period(s)
1 Beginning Available Cash Balance (Actual 07/01/21)
-
13,139,890
-
-
(1,631,104)
RPTTF amount should exclude "A" period distribution
amount.
2 Revenue/Income (Actual 06/30/22)
6,388
(13,985)
7,007,284
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor -Controller
3 Expenditures for ROPS 21-22 Enforceable Obligations
7,166,607
9,636,925
$3,487,341 reflects the transfer of
(Actual 06/30/22)
accumulated SERAF reimbursements to the
Housing Successor Fund.
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 21-22 RPTTF Prior Period Adjustment
No entry required
22,260
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
6 Ending Actual Available Cash Balance (06/30/22)
$-
$5,979,671
$-
$(13,985)
$(4,283,005)
Cto F=(1 +2-3-4), G=(1 +2-3-4-5)
Temecula
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
I Item # I Notes/Comments I
RESOLUTION NO. SARDA 2023-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY APPROVING THE
PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34177 AND
TAKING CERTAIN ACTIONS IN CONNECTION
THEREWITH
THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that:
A. Pursuant to Part 1.85 of the Community Redevelopment Law (commencing with Health and Safety Code Section 34170) ("Part 1.85"), the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency") is required to undertake a number of actions related to winding down the affairs of the former Redevelopment Agency pursuant to Health and Safety Code Section 34177(h).
B. In connection with the administration and operations of the Successor Agency, the Successor Agency is and will be utilizing the staff, facilities, and other resources of the City. The City Manager of the City serves as Executive Director of the Successor Agency, the Temecula Director of Finance serves as Finance Officer of the Successor Agency, and the City Clerk serves as Secretary to the Successor Agency. Planning, Finance, Engineering, Public Works, and other City departments devote and are expected to devote substantial time with respect to the administration and operations of the Successor Agency, including gathering information relating to the Redevelopment Agency's enforceable obligations, conferring with public officials representing governmental agencies, and undertaking other activities in connection with administration and operations of the Successor Agency.
C. By providing and making available to the Successor Agency the staff, facilities, services, and other resources of the City, including, without limitation, consultants, legal counsel, office space, equipment, supplies, and insurance, necessary to the administration and operations of the Successor Agency, the City has advanced and will continue to advance the cost of the foregoing to the Successor Agency. The City and the Successor Agency desire to enter into an agreement to provide for an appropriate method of reimbursement of such advances by the Successor Agency to the City.
D. Pursuant to Health and Safety Code Section 34171(d)(1)(F), contracts or agreements necessary for the administration or operation of the Successor Agency are enforceable obligations and pursuant to Health and Safety Code Sections 34178(a) and 34180(h), the Successor Agency may enter into agreements with the City with the approval of the oversight board for the Successor Agency (the "Oversight Board").
E. Pursuant to Health and Safety Code Section 341770), the Successor Agency is required to prepare a proposed administrative budget for each six-month fiscal period and submit each proposed administrative budget to the Oversight Board for its approval. Each proposed administrative budget shall include all of the following: (1) Estimated amounts for Successor Agency administrative costs for the applicable six-month fiscal period; (2) Proposed sources of payment for the costs identified in (1); and (3) Proposals for arrangements for administrative and operations services provided by the City or another entity.
F. Pursuant to Health and Safety Code Section 34177(k), the Successor Agency is required to provide administrative cost estimates, from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the County Auditor -Controller for each applicable six-month fiscal period.
Section 2. This Resolution is adopted pursuant to the provisions of Part 1.85.
Section 3. The Board hereby approves the administrative budget for the twelve-month fiscal period commencing July 1, 2024 and ending June 30, 2025, attached hereto as Exhibit A and incorporated herein by reference.
Section 4. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, and any such actions previously taken by such officers and staff are hereby ratified and confirmed.
Section 5. The Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 12th day of December, 2023.
Zak Schwank, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 2023- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 12th day of December, 2023, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
Exhibit A
Successor Agency to the Temecula Redevelopment Agency
FY 2024-25 Administrative Budget
Ak
Successor Agency to the Redevelopment Agency
Fiscal Year 2024-25
Gt Proposed Administrative Budget
The Heart of Southern California
Wine Country
Tota I
Administrative
Other
FY2024-25
Portion
Sources
Budget
AFFORDABLE HOUSING FUND 165
165.199.999.5100
SALARIES & WAGES
84,834
168,454
253,288
165.199.999.5101
DEFERRED COMPENSATION
1,978
3,928
5,906
165.199.999.5102
P.E.R.S. RETIREMENT
23,455
46,575
70,031
165.199.999.5103
CAL CASH OUT
3,563
7,075
10,638
165.199.999.5104
MEDICARE
1,317
2,614
3,931
165.199.999.5106
AUTO ALLOWANCE
422
838
1,260
165.199.999.5108
VOL LIFE INSURANCE
95 188
282
165.199.999.5109
UNEMPLOYMENT TRAINING TAX
78 154
232
165.199.999.5111
CAFETERIA BENEFIT
11,394
22,626
34,020
165.199.999.5121
OVERTIME WAGES
567
1,126
1,694
SALARIES & BENEFITS Total
127,703
253,579
381,282
165.199.999.5230
POSTAGE & PACKAGING
198
393
591
165.199.999.5246
LEGAL SERVICES - GENERAL
36,823
73,120
109,943
165.199.999.5248
CONSULTING SERVICES
10,761
21,369
32,130
165.199.999.5250
OTHER OUTSIDE SERVICES
53,561
106,356
159,917
165.199.999.5262
MILEAGE
88 175
263
OPERATIONS & MAINTENANCE Total
101,432
201,412
302,844
165.199.999.5530
INSURANCE
8,085
16,055
24,141
165.199.999.5540
INFORMATION TECHNOLOGY
7,191
14,279
21,470
165.199.999.5545
SUPPORT SERVICES
50 99
149
165.199.999.5550
FACILITIES
5,539
10,998
16,536
INTERNAL SERVICE FUND ALLOCATIONS Total
20,865
41,431
62,297
DEPARTMENTAL Total
250,000
496,423
746,423
Item No. 15
TEMECULA PUBLIC FINANCING AUTHORITY/ CITY COUNCIL
AGENDA REPORT
TO: City Council/Board of Directors
FROM: Aaron Adams, City Manager/Executive Director
DATE: December 12, 2023
SUBJECT: Approve Deposit/Reimbursement Agreement and Initiate Community Facilities District Formation Proceedings Related to the Prado Development PREPARED BY: Jennifer Hennessy, Director of Finance/Treasurer RECOMMENDATION: That the City Council/Board of Directors adopt resolutions entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT
AGREEMENT — PRADO
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO
THE FORMATION OF A COMMUNITY FACILITIES
DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS
WITH RESPECT THERETO — PRADO
BACKGROUND: The Authority has received a request from Meritage Homes of California, Inc., a California corporation (the "Developer"), that expects to develop certain property in the City, that the Board of Directors of the Authority, with the assistance of City Staff and the Authority's and the City's consultants, form the Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado) (the "CFD"). The proposed CFD would be authorized to issue special tax bonds (the "Bonds") in order to finance various public improvements necessitated by the development of the property in the area of the CFD, as well as to fund various municipal services. The property to be developed consists of the Prado development, including Riverside County Assessor's Parcel Numbers 916-400-051, 916-400-052, 916-400-053 and 916-400-070.
The Developer has submitted to the Finance Director of the City a check in the amount of $130,000 (the "Deposit"), to be used by the City to pay costs of the City and the Authority to form the CFD
and issue the Bonds. Pursuant to a Deposit/Reimbursement Agreement (the "Agreement") to be entered into by the Developer, the City and the Authority, and to be administered by the City, funds advanced by the Developer for CFD costs, including the Deposit, will be reimbursed to the Developer upon the issuance and from proceeds of the Bonds.
SPECIFIC ACTIONS: The City Council to consider the adoption of the Resolution approving the Agreement and authorizing actions necessary to implement the Agreement. The Board of Directors to consider the adoption of the Resolution acknowledging receipt of the Deposit, directing staff to present to the Board of Directors the proceedings to form the CFD and authorize the issuance of the Bonds, and designating and authorizing the Executive Director to execute contracts with Webb Municipal Finance, LLC as Special Tax Consultant and Quint & Thimmig LLP as Formation Counsel to assist in the formation and authorization proceedings. The passage of these Resolutions does not obligate the City Council or the Board of Directors to form the CFD or to issue the Bonds.
FISCAL IMPACT: The City has received an initial $130,000 deposit from the Developer; these funds will be expended in accordance with the Deposit/Reimbursement Agreement. Provisions in the Deposit/Reimbursement Agreement require the Developer to deposit additional funds as necessary to cover all costs of formation of the CFD. There is no fiscal impact to the Authority or the City.
ATTACHMENTS: 1. City Council Resolution
2. TPFA Resolution
3. Petition of the Developer
4. Deposit/Reimbursement Agreement
RESOLUTION NO.2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A DEPOSIT/
REIMBURSEMENT AGREEMENT — PRADO
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Meritage Homes of California, Inc. (the "Developer") has submitted to the Finance Director of the City of Temecula (the "City") a check in the amount of $130,000.00 (the "Deposit"), to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado)" (the "CFD").
Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be entered into by the Developer, the City and the Authority (for itself and on behalf of the CFD), and the City now desires to enter into the Agreement with the Authority and the Developer in order to assist with the formation of the CFD and the possible issuance of Bonds by the Authority for the CFD.
Section 3. The City Council hereby approves and authorizes the City Manager to execute and deliver the Agreement, in the form on file with the City Clerk and to take all actions on his part necessary to implement the Agreement. The Director of Finance is hereby authorized and directed to accept the Deposit and to use the Deposit (and any subsequent Deposits, as defined in the Agreement) in the manner contemplated by the Agreement.
Section 4. The Mayor, City Manager, Director of Finance, City Clerk and all other officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the implementation of the Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of December, 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 12th day of December, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
RESOLUTION NO. TPFA 2023-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE
TO THE FORMATION OF A COMMUNITY FACILITIES
DISTRICT, AND AUTHORIZING AND DIRECTING
ACTIONS WITH RESPECT THERETO — PRADO
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Meritage Homes of California, Inc. (the "Developer") has submitted to the Finance Director of the City of Temecula (the "City") a check in the amount of $130,000.00 (the "Deposit"), to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado)" (the "CFD").
Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be entered into by the Developer, the City and the Authority (for itself and on behalf of the CFD), and this Board of Directors now desires to direct the Finance Director of the City to accept the money to be advanced by the Developer, to authorize the execution and delivery by the Authority of the Agreement, to employ certain consultants necessary for the formation of the CFD and the sale of bonds of the Authority for the CFD (the "Bonds"), and to authorize and direct Authority staff to take actions necessary to present to this Board of Directors for approval the documents necessary to form the CFD and issue the Bonds of the Authority for the CFD.
Section 3. The Finance Director of the City is hereby requested to accept the Deposit and any future advances by the Developer pursuant to the Agreement (collectively, the "Deposits"), and to use the Deposits in the manner contemplated by the Agreement. The Executive Director of the Authority is hereby authorized and directed to execute the Agreement for and on behalf of the Authority, and to take all actions necessary, in his discretion, to implement the Agreement.
Section 4. City staff, acting for and on behalf of the Authority, are hereby requested to take all actions necessary or advisable to present to the Board of Directors for its review and approval all proceedings necessary to create the CFD and issue the Bonds of the Authority therefor. The passage of this Resolution shall in no way obligate this Board of Directors to form the CFD or to issue the Bonds.
Section 5. The firm of Webb Municipal Finance, LLC is hereby designated as Special Tax Consultant to the Authority for the CFD, the firm of Fieldman Rolapp & Associates, Inc. is hereby designated as municipal advisor to the Authority for the CFD, and the firm of Quint & Thimmig LLP is hereby designated as Formation Counsel to the Authority for the CFD. The Executive Director is hereby authorized and directed to execute agreements with said firms for their services
in connection with the CFD and any bonds issued for the CFD, in the respective forms filed with the Finance Director of the City. In any event, the fees and expenses of such consultants shall be payable solely from Deposits (as defined in the Agreement) and /or the proceeds of the Bonds when and if they are issued by the Authority for the CFD.
Section 6. The Executive Director, Treasurer, Secretary, legal counsel to the Authority, and all other officers and agents of the Authority are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 12th day of December, 2023.
Zak Schwank, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 2023- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 12th day of December, 2023, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
Quint & Thimmig LLP
11/8/23
11/19/23
PETITION
(Including Waivers)
To Create a Community Facilities District and
With Respect to Related Matters
To the Board of Directors of the
Temecula Public Financing Authority
41000 Main Street
Temecula, California 92589-9033
Dear Directors:
This is a petition to create a community facilities district, and with respect to related matters, under Sections 53311 and following of the California Government Code (the "Act"), and the undersigned hereby states as follows:
1. Petitioner. This petition is submitted by the entity identified below (the "Petitioner") as the owner of the parcels of land identified below (the "Land"). By submitting this petition, the Petitioner represents to the Temecula Public Financing Authority (the "Authority") that it is the sole owner of the Land, and that the person executing this Petition is authorized to execute it for the Petitioner.
2. Proceedings Requested. The Petitioner hereby asks that the Board of Directors of the Authority undertake proceedings under the Act to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado)" (the "CFD"), to levy special taxes in the CFD and to authorize special tax bonds for the CFD in an amount of not to exceed $20,000,000.
3. Boundaries of CFD. The Petitioner hereby asks that the territory to be included within the boundaries of the CFD include the Land.
4. Purpose of CFD. The Petitioner hereby asks that the CFD be created, the special taxes be levied and the bonds be issued (a) to finance costs of the public improvements and the elimination of liens or payment of indebtedness of any overlapping district identified as the "Facilities" on Exhibit A hereto, and (b) to finance other costs of issuing the special tax bonds and of providing a reserve fund for the bonds. It is also expected that special taxes will be levied to fund costs of the "Municipal Services" identified on Exhibit A.
5. Election. The Petitioner hereby asks that the special election to be held under the Act to authorize the levy of the special taxes and the issuance of the bonds and to establish an appropriations limit for the CFD be consolidated into a single election and that the election be conducted by the Authority and its officials, using mailed or hand -delivered ballots and that such ballots be opened and canvassed and the results certified at the same meeting of the Board of Directors of the Authority as the meeting at which the public hearings on the CFD under the Act are to be held, or as soon thereafter as possible.
20009.24:J19212
6. Waivers. To expedite the completion of the proceedings for the formation of the CFD, the Petitioner hereby waives all notices of hearings and all notices of election, applicable waiting periods under the Act for the election and all ballot analysis and arguments for the election. The Petitioner also waives (a) any requirement as to the specific form of the ballot to be used for the election, whether under the California Elections Code or otherwise, and (b) any notice with respect to the special taxes to be levied on property in the CFD otherwise required by California Government Code Section 54930.
This Petition is dated
The property that is the subject
of this Petition is identified as
the Riverside County Assessor
Parcel Nos.:
916-400-051
916-400-052
916-400-053
916-400-070
2023.
Meritage Homes of California, Inc.,
a California corporation
an
Aaron Talarico,
Vice President - Land Acquisition
and Forward Planning
The address to which a ballot for the CFD election
may be sent:
Meritage Homes
5 Peters Canyon Road, Suite 310
Irvine, CA 92606
Attention: Aaron Talarico, Vice President - Land
Acquisition and Forward Planning
-2-
EXHIBIT A
DESCRIPTION OF FACILITIES AND MUNICIPAL SERVICES TO BE FUNDED BY THE CFD
FACILITIES
It is proposed that the CFD be eligible to finance all or a portion of the costs of the following facilities:
The acquisition and construction of: streets (including paving, aggregate base, striping and traffic marking, sidewalks, curbs, gutters and driveways), including Temecula Center Drive, Date Street and Ynez Road within and in the vicinity of the CFD; stormwater drainage systems (including storm drain lines, inlets, outlets, channels, structures, junctions, manholes, catch basins and related dewatering); street light improvements (including light fixtures, substructures, conduits and service points of connection); and street signage (including traffic, stop and street name signs).
The foregoing are to include the acquisition of any related right-of-way and other land needed for the installation of any such improvements, demolition of existing structures and site leveling needed for the installation of any such improvements, erosion control, and other appurtenances.
• The acquisition and installation of traffic signal improvements, including traffic signal interconnection and video surveillance systems, at the intersection of Ynez Road and Temecula Center Drive.
• Landscaping improvements in the public right of way along or in the vicinity of Temecula Center Drive, Date Street and Ynez Road, including related appurtenances. • Capital improvements included in the City of Temecula's adopted Capital Improvement Program for Fiscal Years 2024-2028.
• School improvements to be designated by the Temecula Valley Unified School District, which may include construction of buildings, equipping of school facilities, and acquisition of support and other appurtenances with a useful life of five years or more. • Sewer system and water development improvements to be designated by the Eastern Municipal Water District.
• Water facilities to be designated by the Rancho California Water District.
All or a portion of any amount necessary to eliminate any fixed special assessment liens, or to pay, repay, or defease any obligation to pay or any indebtedness secured by any tax, fee, charge, or assessment levied within the area of the CFD (including, but not limited to the lien of special taxes by the Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston), or to pay debt service on any such indebtedness.
The Facilities include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of any required environmental mitigation and any required noise mitigation measures, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing.
A-1
MUNICIPAL SERVICES
It is proposed that the CFD be eligible to fund all or a portion of the costs of the following municipal services:
• Public safety services, including police and fire protection. • Maintenance of parks, and landscaping in public areas, public easements and public right of way in or near the area of the CFD, such maintenance to include but not be limited to maintenance of planting areas, trees, bioretention filters, multipurpose trails, and the furnishing of water for irrigation.
• Maintenance of public signage in or near the CFD.
• Maintenance of storm drainage systems within or serving the area of the CFD, and including storm drain pipes, culverts, detention/desilting basins, manholes, catch basins and drop inlets, cleanout of storm drains and catch basin cleaning and inspection. • Maintenance of sidewalks, streets and roadways within or in the vicinity of the area of the CFD, and including slurry, overlay, curbs and gutters, curb ramps, striping and street sweeping.
• Maintenance of street lighting located within or in the vicinity of the CFD, and including decorative lighting and pull box assemblies.
• Maintenance of traffic signals, and traffic interconnection and video surveillance systems, within and in the vicinity of the CFD, and including electrical, LED replacement, maintenance and replacement.
• Graffiti removal from public improvements within and in the area of the CFD.
The CFD may fund any of the following related to the services described above: the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the improvements, including repair, removal or replacement of all or part of any of the improvements, the furnishing of water for the irrigation and the furnishing of electric current or energy, for any lights or irrigation facilities, obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/or equipment, apparatus, facilities or fixtures in areas to be maintained, obtaining supplies or appurtenant facilities necessary for such maintenance, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses. The CFD may also provide for the reimbursement to the City of Temecula to the extent that the City of Temecula advances funds to pay for any of the foregoing services, and may fund reserves for repairs and replacements and for future expected costs of services. It is expected that the services will be provided by the City of Temecula, either with its own employees or by contract with third parties, or any combination thereof.
The services to be financed by the CFD shall be in addition to those provided in the territory of the CFD before the date of creation of the CFD, and will not supplant services already available within that territory when the CFD is created.
ADMINISTRATIVE EXPENSES
The administrative expenses to be financed by the CFD include the direct and indirect expenses incurred by the Authority and the City in carrying out their respective duties with respect to the CFD (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of Riverside related to the CFD or the collection of special taxes, an allocable share of the salaries of the Authority and City staff directly related thereto and a proportionate amount of the Authority's and the City's A-2
general administrative overhead related thereto, any amounts paid by the Authority and the City from its respective general fund with respect to the CFD or the facilities and services authorized to be financed by the CFD, and expenses incurred by the Authority and the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the Authority and City in any way related to the CFD.
ISM MA
The CFD may also finance any of the following:
1. Bond related expenses, including underwriters discount, appraisal and price point study costs, reserve fund, capitalized interest, bond and disclosure counsel fees and expenses, landowner counsel fees and expenses, and all other incidental expenses related to any special tax bonds (the "Bonds") issued for the CFD.
2. Administrative fees of the Authority, the City of Temecula and the Bond trustee or fiscal agent related to the CFD and the Bonds.
3. Reimbursement of costs related to the formation of the CFD advanced by the Authority, the City of Temecula, any landowner in the CFD, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the Authority, the City of Temecula, any landowner in the CFD or any party related to any of the foregoing, for facilities, fees or other purposes or costs of the CFD.
A-3
Quint & Thimmig LLP
11 /8/23
11 /19/23
DEPOSIT/REIMBURSEMENT AGREEMENT
Proposed
Temecula Public Financing Authority
Community Facilities District No. 23-02
(Prado)
THIS DEPOSIT/REIMBURSEMENT AGREEMENT (the "Agreement") is by and among the City of Temecula, California (the "City"), the Temecula Public Financing Authority (the "Authority") for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado) (the "CFD"), and Meritage Homes of California, Inc., a California corporation (the "Developer").
RECITALS:
WHEREAS, the Developer has advised the City and the Authority that it plans to develop approximately 25.4 acres of property located within the City, including Riverside County Assessor's Parcel Numbers 916-400-051, 916-400-052, 916-400-053 and 916-400-070 (the "Property"); and
WHEREAS, the Developer has requested that the Board of Directors of the Authority, with the assistance of City Staff and the Authority's and the City's consultants, form the CFD under the provisions of Sections 53311 et. seq. of the California Government Code (the "Act") to include the Property and that the Authority issue special tax bonds for the CFD in order to finance various public improvements necessitated by the development of the Property and otherwise authorized to be funded pursuant to the Act and to eliminate liens or pay indebtedness of any assessment or community facilities district the territory of which overlaps the CFD, as well as to fund various municipal services, all as to be more fully specified in the proceedings of the Board of Directors of the Authority to form the CFD; and WHEREAS, the Developer is willing to deposit funds with the Authority to ensure payment of the costs of the Authority and the City in forming the CFD and otherwise in connection with the possible issuance of special tax bonds by the Authority for the CFD (the "Bonds"), provided that such funds so advanced are reimbursed to the Developer from the proceeds of the Bonds issued by the Authority for the CFD to the extent provided herein; and WHEREAS, the Authority, the City and the Developer now desire to specify the terms of said deposit and reimbursement.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. The Deposit: Additional Advances. The Developer hereby agrees to provide to the City, in the form of a check made payable to the "City of Temecula, California" 20009.24:J19223
$130,000.00 (the "Deposit"), to be used by the City to pay the costs in conducting proceedings for the formation of the CFD and the possible issuance of the Bonds (as more fully described in Section 2(a) below, the "Initial Costs"), said check to be delivered by the Developer to the Finance Director of the City. The City, by its execution hereof, acknowledges receipt by the City of the Deposit. The check representing the Deposit will be cashed by the City, and the Deposit may be commingled with other funds of the City for purposes of investment and safekeeping, but the City shall at all times maintain records as to the expenditure of the Deposit.
The Developer hereby agrees to advance any additional amounts necessary to pay any Initial Costs incurred by the City or the Authority, in excess of the amount of the Deposit, promptly upon written demand therefore by the Finance Director of the City stating that the then unspent and uncommitted balance of the Deposit is less than $10,000 (the "Additional Deposits" and, collectively with the Deposit, the "Deposits"). In the event that the Developer shall fail to remit the full amount of any such demand for additional amounts to the Finance Director of the City within ten (10) days of such a written demand, the City Manager may, in his sole and absolute discretion, direct City and Authority staff and consultants to cease all work related to the formation of CFD and any possible issuance of the Bonds until the full amount of any additional amounts so demanded has been received by the City.
Section 2. Use of Funds. The Deposits shall be administered as follows:
(a) The Finance Director of the City may draw upon the Deposits from time to time to pay the Initial Costs, including but not limited to: (i) the fees and expenses of any consultants to the City or the Authority employed in connection with the formation of the CFD, the issuance of the Bonds and the proposed expenditure of the proceeds of the Bonds to finance public improvements (such as legal counsel, including the City Attorney, Formation Counsel and Bond Counsel, and municipal advisor and special tax consultants); (ii) the costs of any price point study, market absorption study, an appraisal and other reports necessary or deemed advisable by City staff or consultants in connection with the Bonds; (iii) costs of publication of notices, preparation and mailing of ballots and other costs related to any election with respect to the formation of the CFD, the rate and method of apportionment of the special taxes to be levied therein and any bonded indebtedness thereof; (iv) a reasonable charge for City staff time, as determined by the City Manager in his sole discretion, in analyzing and participating in the formation of the CFD, the issuance of the Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto; and (v) any and all other actual costs and expenses incurred by the City or the Authority with respect to the formation of the CFD or the issuance of the Bonds after the date of execution of this Agreement. (b) If the CFD is successfully formed and the Bonds are issued under the Act by the Authority secured by special taxes levied upon the Property, the Authority shall provide for reimbursement to the Developer, without interest, of all amounts charged against the Deposits, said reimbursement to be made to the Developer solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act. On or within ten (10) business days after the date of issuance and delivery of the Bonds, the Finance Director of the City shall return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above, but have not yet been so paid.
(c) If the CFD is not successfully formed and the Bonds are not issued, the Finance Director of the City shall, within ten (10) business days after adoption of a resolution stating the -2-
intent of the Authority to terminate proceedings under the Act with respect to the formation of the CFD and/or the issuance of the Bonds, return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above but have not yet been so paid.
Section 3. Reimbursement of Other Developer Costs. Nothing contained herein shall prohibit reimbursement of other costs and expenses of the Developer incurred in connection with the formation of the CFD and the issuance of the Bonds, from the proceeds of the Bonds, including, but not limited to fees and expenses of its legal counsel and any special tax or other consultant expenses incurred by it. Any such reimbursement shall be made solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act and otherwise provided for, at the reasonable discretion of the Authority, in the proceedings for the issuance of the Bonds.
Section 4. Agreement Not Debt or Liability of City or Authority. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City or the Authority, as provided in Section 53314.9(b) of the Act. Neither the City nor the Authority shall in any event be liable hereunder other than to return the unexpended and uncommitted portions of the Deposits as provided in Section 2 above and provide an accounting under Section 7 below. Neither the City nor the Authority shall be obligated to advance any of their own funds with respect to the formation of the CFD, or the issuance of the Bonds or the expenditures of the proceeds thereof, or for any of the other purposes listed in Section 2(a) hereof. No member of the City Council, the Board of Directors of the Authority or officer, employee or agent of the City or the Authority shall to any extent be personally liable hereunder.
Section 5. No Obligation to Form the CFD or to Issue the Bonds. The provisions of this Agreement shall in no way obligate the City or the Authority to form the CFD, to issue the Bonds, or to expend any of their own funds in connection with the formation of the CFD, or the issuance or expenditure of the proceeds of the Bonds. The Developer acknowledges that the formation of the CFD and the authority to issue the Bonds are subject to public hearings and a vote of the owner of the Property.
Section 6. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
Section 7. Accounting. The City Finance Director shall provide the Developer with a written accounting of proceeds of the Deposits expended pursuant to this Agreement, within ten (10) business days of receipt by the Finance Director of the City of a written request therefore submitted by the Developer. No more than one accounting will be provided in any calendar month and the cost of providing the accounting shall be charged to the Deposits.
Section 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto.
Section 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature line below.
Executed on:
Executed on:
Executed on:
20009.24:J19223
DEVELOPER:
MERITAGE HOMES OF CALIFORNIA, INC.,
, 2023 a California corporation
.2023
, 2023
in
Aaron Talarico,
Vice President — Land Acquisition
and Forward Planning
CITY:
CITY OF TEMECULA
in
Aaron Adams, City Manager
AUTHORITY:
TEMECULA PUBLIC FINANCING
AUTHORITY, for itself and on behalf of the
proposed Temecula Public Financing Authority
Community Facilities District 23-02 (Prado)
0 Aaron Adams, Executive Director
[Signature page to Deposit/Reimbursement Agreement for Community Facilities District 23-021 S-1
Item No. 16
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: December 12, 2023
SUBJECT: Introduce Ordinance Amending Title 16 and 17 of the Temecula Municipal Code to Implement the Requirements of Senate Bill 9
PREPARED BY: Matt Peters, Assistant Director of Community Development RECOMMENDATION: That the City Council introduce an ordinance entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLES 16 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO IMPLEMENT THE
REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND
MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J)
AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303
AND 15061(B)(3)
SUMMARY OF ORDINANCE: The proposed ordinance would make amendments to Title 16 (Subdivisions) and Title 17 (Zoning) of Temecula Municipal Code to implement the requirements of Senate Bill (SB) 9, which requires the ministerial approval of up to four -unit development and urban lot splits on all single-family residential zoning districts.
Current zoning regulations permit up to three units on a parcel zoned for a single-family dwelling:
one primary dwelling; one Accessory Dwelling Unit (ADU); and one Junior Accessory Dwelling Unit (JADU).
Senate Bill 9 (SB 9) was signed by Governor Newsom on September 16, 2021 and became effective January 1, 2022 (see Attachment 4). It requires that a local jurisdiction allow ministerial approval (no discretionary review) of four units on parcels zoned for single family dwellings per lot and/or the subdivision of a single-family zoned parcel into two equal sized parcels (a 40 to 60 percent split of lot size is allowed). This type of subdivision ("urban lot split") may result in each lot containing a duplex or two detached residential units.
SB 9 allows cities to adopt objective development standards that regulate such projects provided they do not conflict with the Senate Bill. All new development resulting from an urban lot split must follow the City's Objective Design Standards adopted by City Council (Ordinance 2022-02 and Resolution 2022-08), provided the new development meets the definition of a multi -family dwelling unit.
BACKGROUND: Senate Bill 9 (SB 9) specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to adopt objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and SB 9 two unit residential developments in the City's single-family residential zones.
On February 22, 2022, pursuant to Government Code Section 65858, the Temecula City Council enacted Interim Urgency Ordinance No. 2022-03. Adoption of the Interim Urgency Ordinance imposed a moratorium on the approval of applications for housing development projects and urban lot splits permitted by Senate Bill 9 that do not meet the objective zoning and design standards contained in the ordinance.
Adoption of the Interim Urgency Ordinance also means that the added protection developed by the City was put in place immediately and applied to any SB 9 applications for a period of 45 days (expiring on April 8, 2022). State Urgency Ordinance provisions are structured so that during the 45-day period, further studies may be conducted to determine if additional standards or regulations are warranted. After 45 days, the City Council can extend the ordinance for another 320 days and another one-year extension of the ordinance is allowed after the 320-day extension. The City extended the Interim Urgency Ordinance twice and it is scheduled to expire on February 21, 2024.
Pursuant to State law, the City cannot further extend the Interim Urgency Ordinance and must adopt permanent regulations prior to the expiration of the Interim Urgency Ordinance.
Staff has prepared an ordinance consistent with State Law, and with additional provisions to promote orderly growth and development as detailed below:
1. Proposed Change Analysis
The S139 Urban Lot Split Ordinance will require new lot lines to be straight from the front property line to the rear with no curves, jogs, or major angles. This will ensure proper lot design and physical improvements, lot access from public right-of-way, adequate width, and setbacks to accommodate utilities, and help achieve livability and protection of land values. Finally, straight lot lines will help avoid confusion between property owners with regard to ownership, access, trespass, and maintenance.
A 10-foot setback between habitable structures is required to ensure proper separation for light, air, structure maintenance and access, and fire protection consistent with the California Building Code.
S139 requires two Primary Dwellings be allowed on a single lot. Two additional units are allowed for a total of four units under and Urban Lot Split scenario. The City's SB9 ordinance will limit
the two additional units to 1,200 square feet each consistent with Accessory Dwelling Unit (ADU) law in an effort to promote consistency for administration, and to accommodate smaller, more affordable dwelling units.
The City has included Objective Design Standards in the S139 Ordinance to ensure consistency of colors, materials, roof pitch, window sizes and other design element to match the existing or proposed primary dwelling units in order to promote consistency and quality of development.
2. Affordability Covenant
The City is exploring an Affordability Covenant for S139, Urban Lot Split development. The affordability covenant requirement is being explored to help implement the State's goal of providing affordable housing and to help the City meet its State -mandated Regional Housing Needs Assessment (RHNA) number of providing 4,193 affordable units during the 6th Cycle Housing Element from 2021-2029.
The Department of Housing and Community Development (HCD) considers any requirement for affordable housing above a 15% threshold to be an inclusionary housing requirement. The City is exploring requiring one of four units, or 25% to be affordable. Consequently, the City is required to complete an economic feasibility study to provide evidence that the ordinance does not unduly constrain the production of housing. The City is working with Keyser Marston Associates (KMA).
If the study indicates that the affordability covenant does not unduly constrain the production of housing by making it too expensive to build, then the City will also explore an in -lieu fee as a state -mandated option to the affordability covenant.
The Draft Ordinance was presented to the Planning Commission on November 15, 2023. Much of the discussion and questions were concerning flag lots, shared driveways, parking, primary and other dwelling unit sizes, setbacks, and straight/perpendicular lot lines. The Planning Commission passed a Resolution recommending that the City Council approve the Ordinance to amend Titles 16 and 17 to implement the requirements of Senate Bill 9 (S139).
Planning Staff met with the General Plan Update Subcommittee consisting of Council Members Stewart and Alexander on October 10, 2023, and November 28, 2023, to discuss S139.
FISCAL IMPACT: There will be no direct fiscal impact due to the adoption of this ordinance, however the increase of residences permitted under this ordinance will increase demand for City services and in turn increase cost to the City but are unknown at this time.
ATTACHMENTS: 1.
Ordinance
2. PC Resolution No. 2023-22
3. Notice of Public Hearing
4. Notice of Exemption
5. Senate Bill 9
6. Interim Urgency Ordinance No. 2022-03, 2022-05 and 2023-01
7. CC S139 Alleviation Report
ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 16 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO IMPLEMENT THE
REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND
MAKE A FINDING THAT THE PROJECT IS EXEMPT
FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS
65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES
SECTIONS 15303 AND 15061(B)(3)
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 2021-2028 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 November 15, 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. 2023-22 recommending approval of the Ordinance by the City Council.
C. On December 12, 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; a. On September 16, 2021, Senate Bill 9 (Chapter 162, Statutes of 2021) was approved by the Governor of the State of California and filed with the Secretary of State, amending Section 66452.6 of the California Government Code and adding to the Government Code Sections 65852.21 and 66411.7, allowing additional housing units on properties within single-family zones and providing for parcel map approval of an Urban Lot Split. Whenever there is a conflict between a state law and a local ordinance, the state law has precedence and must be obeyed.
B. The use is in conformance with the goals, policies, programs, and guidelines of the elements of the general plan; and
a. Land Use Element Policy 1.2 Promote the use of innovative site planning techniques that contribute to development of a variety of residential product styles and designs, including housing suitable for the community's labor force. b.
c. Housing Element Policy 1.2 Encourage residential development that provides a range of housing types in terms of cost, density, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types.
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. a. Housing Element Policy 3.3 Periodically review City development standards to ensure consistency with the General Plan and to ensure high -quality affordable housing.
Section 4. A new Section 17.06.120 (Urban Lot Split) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows:
"Section 17.06.120 SB 9 Two Unit Development
A. Purpose and Applicability. On condition that Government Code Section 65852.21 is not repealed, the purpose of this section is to allow and appropriately regulate SB 9 two unit developments in accordance with Government Code Section 65852.21. If Government Code Section 65852.21 is repealed, then this Section 17.06.120 shall automatically become null and N
void. Development applications that do not satisfy the definition for a SB 9 two unit development provided below in Section B shall not be subject to this ordinance.
B. Definitions. In addition to definitions contained in Chapter 17.34 (Definitions and Illustrations of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply for the purposes of this Section. Where a conflict may exist, the definitions in this Section shall apply.
1. "Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code section 65852.2, as the same may be amended from time to time. Accessory dwelling unit includes an "efficiency unit" as defined in Health and Safety Code Section 17958.1 and a "manufactured home" as defined in Health and Safety Code Section 18007.
2. "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.
3. "Objective design standards" mean design standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
4. "Primary dwelling unit" or "Primary dwelling" for the purposes of this section, means the existing or proposed single-family dwelling on the lot where an ADU would be located. For the purposes of this section, a primary dwelling unit may include a duplex unit.
5. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. SB 9 added Sections 65852.21 and 66411.7 to the Government Code.
6. "SB 9 two unit development" means a housing development containing no more than two primary residential units within a single family residential zone that qualifies for ministerial review according to California Government Code Section 65852.21. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit.
7. "Substantial redevelopment" means when a development project proposes that an existing structure is either completely demolished or when more than twenty five (25) percent of any of the following is removed: 1) load bearing or structural walls, 2) roof or roof frame, or 3) foundation.
8. "Urban Lot Split" means a parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area.
C. General Requirements and Restrictions.
1. Short Term Rental Prohibited. Short term rental units are not permitted within the City of Temecula, per Table 17.06.030 (Residential Districts). Any unit constructed under this section shall not be rented for less than 31 days.
2. Prohibited Development. A SB 9 two unit development as described in this section shall be prohibited in the following locations and circumstances, pursuant to State Law and as specified below:
a) Historic Resources. On a lot located within property located in the State Historic Resource Inventory, as defined in Section 5020.1 of the Public Resources Code, or on a lot identified in Table III-1, Historic Buildings and Structures Outside of Old Town as identified in the Old Town Specific Plan.
b) Prime farmland or farmland of statewide importance. On Prime farmland or farmland of statewide importance, as defined pursuant to United State Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation.
c) Wetlands. In wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
d) Deed Restrictions. On a lot with a recorded affordability covenant or any other form of rent or price control through a public entity's valid exercise of its police power. e) High and Very High Fire Hazard Severity Zone. On a lot located within a Very High Fire Hazard Severity Zone as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a High or Very High Fire Severity Zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code 4202. This exception does not apply to sites excluded from the specified hazard zones by the City pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. No variance, minor exception, or modification to any Fire Code requirements or high fire construction standards shall be permitted, without exception. f) Tenant Housing. On a lot improved with a housing unit that has been occupied at any time by a tenant within the last three years.
g) Nonconforming Development. Single family zoned lots already developed with two or more existing residential units, nonresidential units, or mixed -use, shall not use the provisions of this section to add residential units, or make any other alterations to the buildings or site otherwise prohibited by this title, unless the development complies with all of the standards of this section.
4 h) Hazardous Waste Site. On a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Toxic Substances Control has cleared the site for residential use or residential mixed use, or the site is an underground storage tank site that received a uniform closure letter issued pursuant to Health and Safety Code Section 25295.10(g) based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses..
i) Fault Zone. In a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
j) Flood Zone. In a special flood hazard area subject to inundation by the 1 percent annual chance flood (100- year flood) as determined by the Federal Emergency Management Agency ("FEMA") in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: ( 1) the site has been subject to a Letter of Map Revision prepared by the FEMA and issued to the City, or (2) the site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 ( commencing with Section
59. 1) and Part 60 (commencing with Section 60. 1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
k) Regulatory Floodway. Within a regulatory floodway as determined by the FEMA in any official maps published by the FEMA, unless the development has received a no - rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
1) Conserved Lands. On lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S. C. Sec. 1531 et seq.), or other adopted natural resource protection plan. m) Conservation easement. Lands under a conservation easement. n) Protected Habitat. On any parcel identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). 5 3. Substantial Redevelopment. A SB 9 two unit development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development standards in the zoning district, or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building.
4. Accessory Buildings Allowed. Residential accessory buildings, such as garages and sheds, may be permitted concurrently or after a SB 9 two -unit development, pursuant to Temecula Municipal Code Section 17.06.050(D), Accessory Structures and Uses. Accessory structures are required to comply with the lot coverage limitations specified in the properties zoning designation.
D. Unit Configuration and Quantity.
1. This section allows for the construction of up to four units maximum per eligible single- family zoned parcel. This maximum shall apply whether an urban lot split is proposed or not, including existing and proposed dwellings, in the following combinations:
a) Without Urban Lot Split — 4 units maximum per existing parcel:
(1) 2 primary dwellings and 2 ADU's; or
(2) 2 primary dwellings and 1 ADU and 1 JADU
b) With Urban Lot Split — 2 units maximum on each parcel (4 maximum total):
(1) 2 primary dwellings per parcel;
(2) 1 primary dwelling and 1 ADU per parcel;
(3) 1 primary dwelling and 1 JADU;
(4) 1 primary dwelling per parcel, or
(5) 1 primary dwelling on 1 parcel and 1 vacant parcel.
2. The graphic below is a visual representation of the information above and is meant to serve as a guide only and is not an exclusive list of potential options of development.
Illustrations are based on a preliminary analysis of the low. Details are subject to change and are for informational purposes only.
VACANT LOT
Al
EXISTING
Na units
A2
ADD UNITS,
NO LOT SPLIT
ADD UNITS,
LOT SPLIT
&&a
Up to 2 units
.t ADU & -1 JADUs
A3
i
Up to 4 total units
LOT WITH
SINGLE-FAMILY HOME
Bt
I unit
B2
Up to 2 units
,I ADU & ,t JADUS
133
Up to 4 total units
LOT WITH SINGLE-FAMILY
HOME AND AN ADU
C1
gilr_
I unit
I ADUlJAM
C2
I
Can add 2 addtt. units
II must be an JADU)
C3
i
i
Up to 4 total units
LOT WITH SINGLE-FAMILY
HOME, AN ADU AND A JADU
D1
1 unit
I JADU & . I ADU
D2
Can add 1 addtf. unit
D3
ilk
Up to 4 total units
For parcels with non conforming buildings please check with Department of Running & Development on the requirements for 58 9 to be utilized for building new units.
USING SB 9 WITHOUT A LOT SPLIT: USING SB 9 WITH A LOT SPLIT:
e Without a lot split, two primary units and up to • SH 9 does not require jurisdictions rmmmm�� 2 new ADUs/JADUs can be built. to approve more than 4 units total, SB 9 can be used to develop single including any ADUs/JADUs. units - but projects must comply • Future subdivision prohibited. with all SB 9 requirements.
E. Qualifying SB 9 Two Unit Development. Qualifying SB 9 two unit developments shall comply with the following:
1. Zoning Requirements. All development proposed under this title is limited to residentially zoned parcels which permit single family residential development within the City.
2. Building Height. The height of residential units constructed under this section shall be limited as follows:
a) In no case shall any building height exceed the limit set in the applicable zoning district.
3. Windows. All upper story windows shall be:
a) Clerestory; or
b) Six-foot minimum sill height above finished floor; or c) Constructed of opaque or frosted glass from the manufacturer, a window film or covering applied after manufacture does not satisfy this requirement.
4. Fencing. Fencing shall be compliant with Section 17.06.050(I), Fences, Hedges and Walls. 7 5. Floor Area Ratio and Lot Coverage.
a) The maximum Floor Area Ratio (FAR) and lot coverage shall be as specified by the applicable zoning regulations.
6. Grading. All grading activity shall be compliant with Chapter 18.06, Grading Permit, Application and Requirements.
7. Landscaping Requirements. All landscaping installed shall comply with Chapter 17.32, Water Efficient Landscape Design.
8. Roof Decks or Patios. No roof decks or patios at or above the eaves of a residence are permitted.
9. Lighting. All exterior lighting shall be fully shielded and facing downward to prevent light pollution on adjacent properties and shall be in compliance with Riverside County Ordinance No. 655 (Palomar Observatory Light Pollution Ordinance). No up lighting of any kind or intensity is permitted.
10. Trees. Any proposed development shall comply with the requirements for Heritage Trees specified in Chapter 8.48, Heritage Tree Ordinance.
11. Minimum Unit Size. The minimum living area of a dwelling unit constructed under this section shall be one hundred and fifty (150) square feet, subject to the restrictions specified in Health and Safety Code Section 17958.1.
12. Maximum Unit Size. There is no maximum unit size for two Primary Dwelling Units as required by SB9 except as limited by setbacks and lot coverage of the zoning district. Any other units beside the two Primary Dwelling Units shall be one thousand two hundred (1,200) square feet maximum size. This shall not include enclosed parking spaces or private open space at the front or rear of the unit.
13. Parking. Parking shall be provided as follows:
a) One off street automobile parking space, covered or uncovered, is required for each unit within a SB 9 two unit development.
b) No parking is required if the property is located within one-half mile walking distance of either a high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or if there is a car share vehicle located within one block of the parcel.
c) Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which may be covered or uncovered, must be provided for each unit, unless the project is exempt from replacement parking requirements pursuant to Government Code Section 65852.2.
d) Tandem Parking. Tandem parking spaces shall be allowed to meet the minimum parking requirements.
e) Bicycle Parking. If each residential unit does not have access to a fully enclosed automobile parking space inside a garage, one long-term bicycle parking space shall be provided for each unit.
f) Parking Location. Required parking must be on the same parcel as the residential unit which caused the required parking space to be constructed. g) Parking and Driveway Dimensions. All driveways and parking proposed shall be in compliance with Section 17.24.050, Parking facility and layout and dimensions. h) Paving Material. All paving materials shall be compliant with Section 18.15.120, Asphalt Concrete Pavement.
14. Building Separation. No detached habitable building shall be closer than ten (10) feet to any other habitable building on the same lot.
15. Setbacks. SB 9 two unit developments shall comply with the following setback requirements:
a) All residential structures in a SB 9 two unit development shall comply with the front yard setback standards of the parcels zoning district as specified in Table 17.06.040, Development Standards — Residential Districts.
(1) Interior side and rear yard setbacks shall be four feet minimum. b) All accessory structures in a SB 9 two unit development shall comply with the setback standards of the parcels zoning district as specified in Table 17.06.050(A) — Accessory Structures Setbacks
(1) Accessory structures are required to maintain a minimum six foot separation from other structures.
16. Stormwater Management. The development must comply with the City's Stormwater Runoff requirements pursuant to Chapter 8.28, Stormwater and Urban Runoff Management and Discharge.
17. Utilities. SB 9 two unit developments shall be designed as individual units and shall have individual meters for utilities at each unit.
a) Prior to issuance of a building permit for the construction of a residential unit under this section, the applicant shall provide written verification from the water and wastewater utility provider(s) that adequate capacity is available. b) All utility owned equipment shall be incorporated into the design of the site.
c) Privately owned equipment such as window, roof or other cooling/heating devices shall be screened from the public view, as seen from the public right-of-way.
18. Onsite Wastewater Treatment Systems (OWTS). OWTS are systems that are sometimes commonly referred to as "septic systems," and all development under this section that proposes the use of OWTS shall comply with Riverside County requirements for OWTS as specified in Riverside County Municipal Code Chapter 8.124, Sewage Discharges. A percolation test shall be provided to the City at the time of application, to the satisfaction of the Director of Public Works, if a new or expanded OWTS is proposed or required.
F. Design Review Standards.
1. Duplex. All duplex residential development shall comply with the City's objective design standards in accordance with Section 17.06.090.
2. Single family residences. All single-family residences shall be subject to the following architectural design criteria, or any other adopted objective designs standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Director of Community Development.
a) Roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited.
b) Roof tiles shall match the materials and colors of the existing residential unit. If a vacant parcel is to be developed, the roof tiles shall match roof material and color. c) If a garage is converted to a new residential unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing exterior garage wall covering to include paint and material color and detail. d) Design Style. Additions or new construction shall comply with the following:
(1) On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including, but not limited to, siding, windows, doors, roofing, light fixtures, hardware and railings.
(2) If single family residential development is proposed on a parcel where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes G. Development Impact Fees (DIF). Residential structures developed under this section shall be subject to DIF per City Council Resolution No. 03-63, as may be amended from time to time H. Denial. The Building Official may deny an application for an S139 Development Project upon making both of the following findings in writing based upon a preponderance of evidence:
10 1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code section 65589.5(d)(2).
2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
I. Covenant. Prior to the issuance of a building permit for the development of an SB 9 two - unit residential development, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the city attorney, and that acknowledges each of the following:
1. That the proposed SB 9 two unit development would not require or authorize demolition or alteration of any of the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income
(2) Housing that has been occupied by a tenant in the last three years.
2. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least on 31-day period occupancy by the same tenant; and
3. The parcel is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
4. (i) That the deed restriction is for the benefit of and is enforceable by the City; (ii) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (iii) That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) That, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) That the deed restriction may not be modified or terminated without the prior written consent of the chief planning official.
J. The standards in this Section shall not be enforceable should they preclude the construction of up to two eight hundred (800) square foot units on a single lot.
K. Sunset Clause. If SB 9 is repealed or otherwise rescinded by the California Legislature or by the People of the State of California, this Section shall be repealed.
Section 5. A new Chapter 16.59 (Urban Lot Split) is hereby added to Title 16 (Subdivisions) of the Temecula Municipal Code to read as follows:
M
"Chapter 16.59 URBAN LOT SPLIT
Section 16.59.010 — Purpose and Applicability
Section 16.59.020 — Definitions
Section 16.59.030 - Application and Approval
Section 16.59.040 — Design and Improvement Requirements Section 16.59.050 — Access Standards
Section 16.59.060 — Map Requirements
Section 16.59.070 — Concurrent Processing with other Ministerial Permits Section 16.59.010 Purnose and Annlicabilitv.
A. The purpose of this section is to allow for voluntary application(s) for Urban Lot Splits.
On condition that Government Code Section 66411.7 is not repealed, qualifying Urban Lot Split in single family residential zones shall be developed in accordance with this Section.
Section 16.59.020 Definitions.
In addition to definitions contained in Chapter 17.34 (Definitions and Illustrations of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply for the purposes of this Section. Where a conflict may exist, the definitions in this Section shall apply.
A. "Flag lot" means a lot having access to a street by means of a private driveway access easement, or parcel of land not meeting the requirements of this development code for lot width, but having a dimension of at least twenty (20) feet at its narrowest point.
B. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. SB 9 added Sections 65852.21 and 66411.7 to the Government Code.
C. "Urban Lot Split" shall mean a parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area.
Section 16.59.030 Application and Approval.
B. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Sections 66444-66450 and this chapter, and submitted for approval to the City Engineer. A fee in the amount established by the City Council resolution must be paid concurrently with the submission of the parcel map.
1. A registered civil engineer may prepare the tentative parcel map however, the final parcel map must be signed by a licensed land surveyor.
12 C. The City Engineer is the approval authority for parcel maps under this chapter. The City Engineer shall approve a parcel map for an urban lot split if the City Engineer determines that it meets all of the requirements of this chapter.
D. The City Engineer shall not approve an urban lot split for a parcel:
1 That is located within any of the prohibited areas identified in Section
17.06.120(C)(2);
2. If the proposed urban lot split would require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power;
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; or
(iv) Housing that has been occupied by a tenant in the last three years.
3. The parcel is located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
E. The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this Code and applicable State law:
1. A map of appropriate size and to scale showing all of the following:
a) Total area (in acreage and square feet) of each proposed lot; b) Location and dimensions of existing and proposed property lines; c) Zoning district;
d) The location and use of all existing and proposed structures; e) All required zoning setbacks for the existing and proposed lots; f) The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, telephone, cable, systems, or easements;
13 g) The location of all proposed new water, sewer, storm drain, lines, pipes, telephone, cable, or systems;
h) The location of any proposed easements for access or public utilities to serve a lot created by the subdivision;
i) The location of all trees, their species and their Diameter at Breast Height (DBH); j) Any area of the parcel that has a slope of 15% or greater by way of contours at 2- foot intervals;
k) Any area of the parcel that is a watercourse as defined in Section 895.1 of Title 14 of the California Code of Regulations;
1) Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel;
m) Curb, gutter, sidewalk, parkway, and street trees; type, location and dimensions; n) Location of existing or proposed driveway dimensions, materials, and slope (including cross slope);
o) Location of existing or proposed pedestrian pathway access to the public right-of- way;
p) Setbacks of structures, pools or spas on adjacent parcels that are less than 5 feet from the property line; and
q) Location of non -utility easements including but not limited to access easements, maintenance easements, and similar easements for the access and/or maintenance of surrounding residential development.
F. Prior to approval of a parcel map for an urban lot split, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the city attorney, and that acknowledges each of the following:
1. That the proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income
(2) Housing that has been occupied by a tenant in the last three years.
2. The parcel has not been established through prior exercise of an urban lot split under this chapter;
14 3. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this chapter;
4. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map;
5. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least on 31-day period occupancy by the same tenant;
6. The uses allowed on a lot created by the parcel map shall be limited to residential uses;
7. Primary dwelling units located on the same lot are prohibited from being owned or conveyed separately from one another;
8. No more than two dwelling units of any kind shall be constructed or maintained on a lot that results from an urban lot split;
9. No subsequent urban lot split for lots that were previously created by an urban lot split under SB 9 are allowed; and
11. (i) That the deed restriction is for the benefit of and is enforceable by the City; (ii) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (iii) That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) That, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) That the deed restriction may not be modified or terminated without the prior written consent of the chief planning official.
Section 16.59.040 Design and Improvement Requirements.
A. A parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than 1,200 square feet.
The following areas are excluded from the calculation of lot area for the purposes of this subdivision:
1. Any area on the property that would not allow a permanent residential structure be constructed or placed upon the area due to easements, or any other form of recorded restriction that presently exists and which would be created by the proposed subdivision.
B. Each parcel must be served by a separate water service meter and separate sewer connection.
C. Each parcel shall drain to the street or to a developed drainage easement. 15 D. Rights -of -way as required for access along all natural watercourses as necessary for flood control, maintenance, and improvement shall be dedicated.
E. The parcel must satisfy the requirements of Government Code Section 66411.7(a).
F. A lot line shall not bisect or be located within four feet of any of the following:
1. Existing easements if the resulting lot would create a developable area that would interfere with the use of the easement for its intended purpose.
G. The location and orientation of new lot lines shall meet the following standards:
1. Front lot lines shall conform to the minimum public street frontage requirements of the residential district, except as provided in Section H, (Flag Lots) below.
2. Each parcel shall have approximately equal lot width and lot depth, consistent with the minimum lot sizes described in subsection A above. Lot depth shall be measured at the midpoint of the front lot lines. Lot width shall be measured by a line connecting two points on the opposite interior lot lines that result in a line parallel to the front lot line.
3. Proposed lot lines shall be straight and free of jogs in alignment, with exceptions for the following:
a) In the creation of a flag lot as provided in Section 16.59.040(H). b) When the creation of a straight lot line would intersect with an existing residential structure or a straight line would not result in lots compliant with Section 17.06.120(E). (1) In such cases, the lot line shall maintain a four foot setback from the existing or proposed residence for the purpose of access for property and building maintenance.
(2) Such lot lines shall have the fewest number of turns possible to ensure reasonable property lines for residents.
4. Access easements for all properties and residences involved in the subdivision shall be recorded against the properties prior to any building permit issuance. a) Access easements greater than 150 feet in length shall provide a turnaround for emergency services per Title 15, Buildings and Construction, Chapter 15.16 Fire Code, D. Chapter 5: Fire Service Features, 503.2.5 Dead ends.
5. The maximum difference between the two lots created is a sixty (60), forty (40) split in area and both must be a minimum of twelve hundred (1,200) square feet.
6. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may not be straight but shall follow the appropriate course and use the least amount of turns as possible.
Erl
7. Lot lines facing a street shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater.
8. Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets.
9. Lot lines shall be located within appropriate physical locations such as at the top of creek banks, at appropriate topographical changes, such as at the top or bottom of slopes, or at locations which clearly separate existing and proposed land uses.
10. Lot lines shall be contiguous with existing zoning boundaries.
11. The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot as defined in the Zoning Ordinance.
12. Lot lines shall not render an existing structure as nonconforming in any respect (setbacks, height, lot coverage, parking, etc.), nor increase the nonconformity of an existing nonconforming structure.
13. It is the intent of this section to permit urban lot splits. All urban lot splits proposed under this section shall be straight lines, with exceptions only for compliance with federal, state or local law.
H. Flag lots. Flag lots shall be allowed for urban lot splits, subject to the following requirements:
1. Each flag lot created shall have at least a twenty (20) foot width at its most narrow point.
2. The creation of a flag lot shall not create:
a) A legal nonconforming structure or use.
b) A structure, existing or proposed, with setbacks from the proposed lot line of less than four feet.
3. Boundary monuments shall be installed for all flag lots.
Section 16.59.050 Access Standards.
A. Each lot shall front upon or have access to a public street or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards:
1. Vehicle access easements serving a maximum of two units shall meet the following standards:
a) Easement width shall be a minimum of 20 feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the driveway and parking standards in the City's Parking Standards in Section 17.06.120(E)(14);
17 b) The minimum length for a vehicle access easement is 20 feet wide. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided; and
c) No residential structure shall be closer than three feet to the easement.
2. Vehicle access easement serving three to four units shall meet the following standards:
a) Easement width shall be a minimum of 20 feet;
b) The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided; and
c) No residential structure shall be closer than five feet to the easement.
3. Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required.
An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards:
a) Easement width shall be a minimum of five feet; and
b) Pedestrian access easements shall not exceed 200 feet in length.
4. Vehicle access easements shall not be located closer than 25 feet to an intersection.
5. Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement.
6. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the Californian Fire Code, California Building Code, and the City's Parking and Design Standards in Section 17.24, Off -Street Parking and Loading.
Section 16.59.060 Map Requirements.
A. The content and form of a parcel map shall meet all the requirements of Government Code Sections 66444-66450, except as otherwise set forth in this Chapter.
B. The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision.
C. The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel.
D. The parcel map shall contain a declaration that:
1. Each lot created by the parcel map shall be used solely for residential dwellings;
2. No more than two residential dwelling units may be permitted on each lot. As used in this subsection, residential dwelling unit includes a unit created pursuant to Government Code Section 65852.21, a primary dwelling unit, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.
3. Rental of any dwelling unit on a lot created by the parcel map shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.
Section 16.59.070 Concurrent Processing with other Ministerial Housing Permits.
A. No development, including grading or vegetation removal, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit 18 for the construction of a housing development and complies with all the objective development and design standards outlined for SB 9 two unit developments in Sections 17.06.090 or any other adopted objective design standards in effect at the time a complete application is submitted.
B. A building permit for development on an urban lot split cannot be issued until the parcel map records.
C. The City Engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
Section 6. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project:
Under California Government Code sections Sections 65852.21, subdivision 0), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections Sections 66411.7 and 65852.21 regulating two -unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements Government Code Sections 65852.21 and 66411.7 these new laws enacted by SB 9.
In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone. Further, this Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Any development that would be contemplated under this Ordinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons stated above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.
Section 7. 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.
IM
Section 8. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.
Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ,
ATTEST:
Randi Johl, City Clerk
[SEAL]
, Mayor
20 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. 2022- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of December, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
21 PC RESOLUTION NO.2023-22
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT
THE CITY COUNCIL ADOPT AN ORDINANCE
ENTITLED, "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF
THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE
REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND
MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM
CEQA PURSUANT TO GOVERNMENT CODE SECTIONS
65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES
SECTIONS 15303 AND 15061(B)(3)"
Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that:
A. On February 22, 2022, pursuant to Government Code Section 65858, the Temecula City Council enacted Interim Urgency Ordinance No. 2022-03. Adoption of the Interim Urgency Ordinance imposed a moratorium on the approval of applications for housing development projects and urban lot splits permitted by Senate Bill 9 that do not meet the objective zoning and design standards contained in Interim Urgency Ordinance No. 2022-03.
B. Interim Urgency Ordinance No. 2022-03 was subsequently extended twice by the City Council and is scheduled to expire on February 21, 2024.
C. City staff identified the need to adopt a permanent ordinance to address urban lot splits permitted under Government Code Section 66411.7 and SB 9 two unit developments permitted under Section 65852.210) before Interim Urgency Ordinance No. 2022-03 expires.
D. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 16 (Subdivisions), and Title 17 (Zoning) of the Temecula Municipal Code on November 15, 2023, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter.
E. The proposed amendments to Title 16, & 17 are consistent with the City of Temecula General Plan, and each element thereof.
F. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit "A".
G. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. In recommending adoption of the proposed Ordinance, the Planning Commission of the City of Temecula does hereby make the following additional
findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:
1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan.
The proposed Ordinance implements the requirements of Senate Bill (SB) 9, which requires local jurisdictions to ministerially approve urban lot splits and residential development of up to four units. The proposed Ordinance is drafted in a manner to ensure compliance with state law. Residential land uses are permitted in the General Plan and therefore, the uses are consistent with the residential land districts identified in the General Plan.
2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan.
The proposed Ordinance does not propose any land use that is inconsistent with the General Plan. The changes proposed would expand or increase the intensity of residential uses in areas that already permits such uses. The proposed Ordinance furthers Goal 3 of Land Use Element of the Temecula General Plan, which is to encourage "A City of diversified development character, where rural and historical areas are protected and co- exist with newer urban development."
3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein.
The proposed amendments to Title 16, and 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed changes are consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan which is "Orderly and efficient patterns of growth that enhance quality of life for Temecula Residents."
Section 3. Environmental Compliance. Under California Government Code Sections 65852.21, subdivision 0), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code Sections 66411.7 and 65852.21 regulating two -unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements Government Code Sections 65852.21 and 66411.7 these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone. Further, this Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. Any development that would be contemplated under this Ordinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons stated above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.
Section 4. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR22-0158, a proposed Citywide Ordinance as set forth on Exhibit "A", attached hereto, and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of November 2023.
! IN A
-J - EN
ATTEST:
eag ZWL
Luke Watson
Secretary
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2023-22 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of November, 2023, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Hagel, Solia, Turley-Trejo, Watts NOES: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Ruiz
Aatt P1,
,P Luke Watson
Secretary
ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 16 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO IMPLEMENT THE
REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND
MAKE A FINDING THAT THE PROJECT IS EXEMPT
FROM CEQA PURSUANT TO GOVERNMENT CODE
SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA
GUIDELINES SECTIONS 15303 AND 15061(B)(3)
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 2021-2028 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 November 15, 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-XX recommending approval of the Ordinance by the City Council.
C. On December 12, 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:
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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; a. On September 16, 2021, Senate Bill 9 (Chapter 162, Statutes of 2021) was approved by the Governor of the State of California and filed with the Secretary of State, amending Section 66452.6 of the California Government Code and adding to the Government Code Sections 65852.21 and 66411.7, allowing additional housing units on properties within single-family zones and providing for parcel map approval of an Urban Lot Split. Whenever there is a conflict between a state law and a local ordinance, the state law has precedence and must be obeyed.
B. The use is in conformance with the goals, policies, programs, and guidelines of the elements of the general plan; and
a. Land Use Element Policy 1.2 Promote the use of innovative site planning techniques that contribute to development of a variety of residential product styles and designs, including housing suitable for the community's labor force. b.
c. Housing Element Policy 1.2 Encourage residential development that provides a range of housing types in terms of cost, density, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types.
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. a. Housing Element Policy 3.3 Periodically review City development standards to ensure consistency with the General Plan and to ensure high -quality affordable housing.
Section 4. A new Section 17.06.120 (Urban Lot Split) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows:
"Section 17.06.120 SB 9 Two Unit Development
A. Purpose and Applicability. On condition that Government Code Section 65852.21 is not repealed, the purpose of this section is to allow and appropriately regulate SB 9 two unit developments in accordance with Government Code Section 65852.21. If Government Code Section 65852.21 is repealed, then this Section 17.06.120 shall automatically become null and void. Development applications that do not satisfy the definition for a SB 9 two unit development provided below in Section B shall not be subject to this ordinance.
B. Definitions. In addition to definitions contained in Chapter 17.34 (Definitions and Illustrations of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply -2-
for the purposes of this Section. Where a conflict may exist, the definitions in this Section shall apply.
1. "Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code section 65852.2, as the same may be amended from time to time. Accessory dwelling unit includes an "efficiency unit" as defined in Health and Safety Code Section 17958.1 and a "manufactured home" as defined in Health and Safety Code Section 18007.
2. "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.
3. "Objective design standards" mean design standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
4. "Primary dwelling unit" or "Primary dwelling" for the purposes of this section, means the existing or proposed single-family dwelling on the lot where an ADU would be located. For the purposes of this section, a primary dwelling unit may include a duplex unit.
5. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. SB 9 added Sections 65852.21 and 66411.7 to the Government Code.
6. "SB 9 two unit development' means a housing development containing no more than two primary residential units within a single family residential zone that qualifies for ministerial review according to California Government Code Section 65852.21. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit.
7. "Substantial redevelopment' means when a development project proposes that an existing structure is either completely demolished or when more than twenty five (25) percent of any of the following is removed: 1) load bearing or structural walls, 2) roof or roof frame, or 3) foundation.
8. "Urban Lot Split' means a parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area.
C. General Requirements and Restrictions.
1. Short Term Rental Prohibited. Short term rental units are not permitted within the City of Temecula, per Table 17.06.030 (Residential Districts). Any unit constructed under this section shall not be rented for less than 31 days.
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2. Prohibited Development. A SB 9 two unit development as described in this section shall be prohibited in the following locations and circumstances, pursuant to State Law and as specified below:
a) Historic Resources. On a lot located within property located in the State Historic Resource Inventory, as defined in Section 5020.1 of the Public Resources Code, or on a lot identified in Table Ill-1, Historic Buildings and Structures Outside of Old Town as identified in the Old Town Specific Plan.
b) Prime farmland or farmland of statewide importance. On Prime farmland or farmland of statewide importance, as defined pursuant to United State Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation.
c) Wetlands. In wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
d) Deed Restrictions. On a lot with a recorded affordability covenant or any other form of rent or price control through a public entity's valid exercise of its police power. e) High and Very High Fire Hazard Severity Zone. On a lot located within a Very High Fire Hazard Severity Zone as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a High or Very High Fire Severity Zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code 4202. This exception does not apply to sites excluded from the specified hazard zones by the City pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. No variance, minor exception, or modification to any Fire Code requirements or high fire construction standards shall be permitted, without exception. f) Tenant Housing. On a lot improved with a housing unit that has been occupied at any time by a tenant within the last three years.
g) Nonconforming Development. Single family zoned lots already developed with two or more existing residential units, nonresidential units, or mixed -use, shall not use the provisions of this section to add residential units, or make any other alterations to the buildings or site otherwise prohibited by this title, unless the development complies with all of the standards of this section.
h) Hazardous Waste Site. On a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Toxic Substances Control has cleared the site for residential use or residential mixed use, or the site is an underground storage tank site that received a uniform closure letter issued pursuant to Health and Safety Code Section I"
25295.10(g) based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses..
i) Fault Zone. In a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division I of Title 2 of the Government Code.
j) Flood Zone. In a special flood hazard area subject to inundation by the 1 percent annual chance flood (100- year flood) as determined by the Federal Emergency Management Agency ("FEMA") in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: (1) the site has been subject to a Letter of Map Revision prepared by the FEMA and issued to the City, or (2) the site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 ( commencing with Section
59. 1) and Part 60 (commencing with Section 60. 1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
k) Regulatory Floodway. Within a regulatory floodway as determined by the FEMA in any official maps published by the FEMA, unless the development has received a no - rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
1) Conserved Lands. On lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S. C. Sec. 1531 et seq.), or other adopted natural resource protection plan. m) Conservation easement. Lands under a conservation easement. n) Protected Habitat. On any parcel identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
3. Substantial Redevelopment. A SB 9 two unit development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development standards in the zoning district, or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building.
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4. Accessory Buildings Allowed. Residential accessory buildings, such as garages and sheds, may be permitted concurrently or after a SB 9 two -unit development, pursuant to Temecula Municipal Code Section 17.06.050(D), Accessory Structures and Uses. Accessory structures are required to comply with the lot coverage limitations specified in the properties zoning designation.
D. Unit Configuration and Quantity.
1. This section allows for the construction of up to four units maximum per eligible single- family zoned parcel. This maximum shall apply whether an urban lot split is proposed or not, including existing and proposed dwellings, in the following combinations:
a) Without Urban Lot Split — 4 units maximum per existing parcel:
(1) 2 primary dwellings and 2 ADU's; or
(2) 2 primary dwellings and 1 ADU and 1 JADU
b) With Urban Lot Split — 2 units maximum on each parcel (4 maximum total):
(1) 2 primary dwellings per parcel;
(2) 1 primary dwelling and 1 ADU per parcel;
(3) 1 primary dwelling and 1 JADU;
(4) 1 primary dwelling per parcel, or
(5) 1 primary dwelling on 1 parcel and 1 vacant parcel.
2. The graphic below is a visual representation of the information above and is meant to serve as a guide only and is not an exclusive list of potential options of development. in
Illustrations are based on a preliminary analysis of the law. Details are subject to change and are for Informational purposes only.
VACANT LOT
Al
EXISTING
No units
A2
ADD UNITS,
NO LOT SPLIT
ADD UNITS,
LOT SPLIT
Up to 2 units
I ADU @ • I JADUs
Al
Up to 4 total units
LOT WITH
SINGLE-FAMILY HOME
B1
1 unit
82 Lf"
Up to 2 units
• 1 ADU ft -1 JADUs
63 Up to 4 total units
LOT WITH SINGLE-FAMILY
HOME AND AN ADU
C1
1 unit
1 ADUIJADU
C2
Can add 1 addtl. units
/1 must be an JADUs
C3
add
Up to 4 total units
LOT WITH SINGLE-FAMILY
HOME, AN ADU AND A JADU
D1
I unit
I JADU ft 4 1 ADU
D2
Can add 1 addtl. unit
D3
i
Up to 4 total units
roc parcels with non conforming buddings please check with Department of Planning b Development or) the requirements for 4a 9 to be utilized for buifdng new units USING SB 9 WITHOUT A LOT SPLIT: USING SB 9 WITH A LOT SPLIT: Ir • Without a lot split, two primary units and up to • SB 9 does not require jurisdictions 2 new ADUs/JADUs can be built. to approve more than 4 units total, 58 9 can be used to develop single Including any ADUs/JADUs. units - but projects must comply • Future subdivision prohibited, with all SB 9 requirements.
E. Qualifying SB 9 Two Unit Development. Qualifying SB 9 two unit developments shall comply with the following:
1. Zoning Requirements. All development proposed under this title is limited to residentially zoned parcels which permit single family residential development within the City.
2. Building Height. The height of residential units constructed under this section shall be limited as follows:
a) In no case shall any building height exceed the limit set in the applicable zoning district.
3. Windows. All upper story windows shall be:
a) Clerestory; or
b) Six-foot minimum sill height above finished floor; or c) Constructed of opaque or frosted glass from the manufacturer, a window film or covering applied after manufacture does not satisfy this requirement.
4. Fencing. Fencing shall be compliant with Section 17.06.050(I), Fences, Hedges and Walls. -7-
5. Floor Area Ratio and Lot Coverage.
a) The maximum Floor Area Ratio (FAR) and lot coverage shall be as specified by the applicable zoning regulations.
6. Grading. All grading activity shall be compliant with Chapter 18.06, Grading Permit, Application and Requirements.
7. Landscaping Requirements. All landscaping installed shall comply with Chapter 17.32, Water Efficient Landscape Design.
8. Roof Decks or Patios. No roof decks or patios at or above the eaves of a residence are permitted.
9. Lighting. All exterior lighting shall be fully shielded and facing downward to prevent light pollution on adjacent properties and shall be in compliance with Riverside County Ordinance No. 655 (Palomar Observatory Light Pollution Ordinance). No up lighting of any kind or intensity is permitted.
10. Trees. Any proposed development shall comply with the requirements for Heritage Trees specified in Chapter 8.48, Heritage Tree Ordinance.
11. Minimum Unit Size. The minimum living area of a dwelling unit constructed under this section shall be one hundred and fifty (150) square feet, subject to the restrictions specified in Health and Safety Code Section 17958.1.
12. Maximum Unit Size. There is no maximum unit size for two Primary Dwelling Units as required by SB9 except as limited by setbacks and lot coverage of the zoning district. Any other units beside the two Primary Dwelling Units shall be one thousand two hundred (1,200) square feet maximum size. This shall not include enclosed parking spaces or private open space at the front or rear of the unit.
13. Parking. Parking shall be provided as follows:
a) One off street automobile parking space, covered or uncovered, is required for each unit within a SB 9 two unit development.
b) No parking is required if the property is located within one-half mile walking distance of either a high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or if there is a car share vehicle located within one block of the parcel.
c) Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which may be covered or uncovered, must be provided for each unit, unless the project is exempt from replacement parking requirements pursuant to Government Code Section 65852.2.
10 d) Tandem Parking. Tandem parking spaces shall be allowed to meet the minimum parking requirements.
e) Bicycle Parking. If each residential unit does not have access to a fully enclosed automobile parking space inside a garage, one long-term bicycle parking space shall be provided for each unit.
f) Parking Location. Required parking must be on the same parcel as the residential unit which caused the required parking space to be constructed. g) Parking and Driveway Dimensions. All driveways and parking proposed shall be in compliance with Section 17.24.050, Parking facility and layout and dimensions. h) Paving Material. All paving materials shall be compliant with Section 18.15.120, Asphalt Concrete Pavement.
14. Building Separation. No detached habitable building shall be closer than ten (10) feet to any other habitable building on the same lot.
15. Setbacks. SB 9 two unit developments shall comply with the following setback requirements:
a) All residential structures in a SB 9 two unit development shall comply with the front yard setback standards of the parcels zoning district as specified in Table 17.06.040, Development Standards — Residential Districts.
(1) Interior side and rear yard setbacks shall be four feet minimum. b) All accessory structures in a SB 9 two unit development shall comply with the setback standards of the parcels zoning district as specified in Table 17.06.050(A) — Accessory Structures Setbacks
(1) Accessory structures are required to maintain a minimum six foot separation from other structures.
16. Stormwater Management. The development must comply with the City's Stormwater Runoff requirements pursuant to Chapter 8.28, Stormwater and Urban Runoff Management and Discharge.
17. Utilities. SB 9 two unit developments shall be designed as individual units and shall have individual meters for utilities at each unit.
a) Prior to issuance of a building permit for the construction of a residential unit under this section, the applicant shall provide written verification from the water and wastewater utility provider(s) that adequate capacity is available. b) All utility owned equipment shall be incorporated into the design of the site.
In
c) Privately owned equipment such as window, roof or other cooling/heating devices shall be screened from the public view, as seen from the public right-of-way.
18. Onsite Wastewater Treatment Systems (OWTS). OWTS are systems that are sometimes commonly referred to as "septic systems," and all development under this section that proposes the use of OWTS shall comply with Riverside County requirements for OWTS as specified in Riverside County Municipal Code Chapter 8.124, Sewage Discharges. A percolation test shall be provided to the City at the time of application, to the satisfaction of the Director of Public Works, if a new or expanded OWTS is proposed or required.
F. Design Review Standards.
1. Duplex. All duplex residential development shall comply with the City's objective design standards in accordance with Section 17.06.090.
2. Single family residences. All single-family residences shall be subject to the following architectural design criteria, or any other adopted objective designs standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Director of Community Development.
a) Roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited.
b) Roof tiles shall match the materials and colors of the existing residential unit. If a vacant parcel is to be developed, the roof tiles shall match roof material and color. c) If a garage is converted to a new residential unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing exterior garage wall covering to include paint and material color and detail. d) Design Style. Additions or new construction shall comply with the following:
(1) On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including, but not limited to, siding, windows, doors, roofing, light fixtures, hardware and railings.
(2) If single family residential development is proposed on a parcel where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes G. Development Impact Fees (DIF). Residential structures developed under this section shall be subject to DIF per City Council Resolution No. 03-63, as may be amended from time to time H. Denial. The Building Official may deny an application for an S139 Development Project upon making both of the following findings in writing based upon a preponderance of evidence:
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1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code section 65589.5(d)(2).
2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
I. Covenant. Prior to the issuance of a building permit for the development of an SB 9 two - unit residential development, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the city attorney, and that acknowledges each of the following:
1. That the proposed SB 9 two unit development would not require or authorize demolition or alteration of any of the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income
(2) Housing that has been occupied by a tenant in the last three years.
2. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least on 31-day period occupancy by the same tenant; and
3. The parcel is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
4. (i) That the deed restriction is for the benefit of and is enforceable by the City; (ii) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (iii) That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) That, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) That the deed restriction may not be modified or terminated without the prior written consent of the chief planning official.
J. The standards in this Section shall not be enforceable should they preclude the construction of up to two eight hundred (800) square foot units on a single lot.
K. Sunset Clause. If SB 9 is repealed or otherwise rescinded by the California Legislature or by the People of the State of California, this Section shall be repealed.
Section 5. A new Chapter 16.59 (Urban Lot Split) is hereby added to Title 16 (Subdivisions) of the Temecula Municipal Code to read as follows:
"Chapter 16.59 URBAN LOT SPLIT
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Section 16.59.010 — Purpose and Applicability
Section 16.59.020 — Definitions
Section 16.59.030 - Application and Approval
Section 16.59.040 — Design and Improvement Requirements Section 16.59.050 — Access Standards
Section 16.59.060 — Map Requirements
Section 16.59.070 — Concurrent Processing with other Ministerial Permits Section 16.59.010 Purpose and Applicability.
A. The purpose of this section is to allow for voluntary application(s) for Urban Lot Splits.
On condition that Government Code Section 66411.7 is not repealed, qualifying Urban Lot Split in single family residential zones shall be developed in accordance with this Section.
Section I6.59.020 Definitions.
In addition to definitions contained in Chapter 17.34 (Definitions and Illustrations of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply for the purposes of this Section. Where a conflict may exist, the definitions in this Section shall apply.
A. "Flag lot" means a lot having access to a street by means of a private driveway access easement, or parcel of land not meeting the requirements of this development code for lot width, but having a dimension of at least twenty (20) feet at its narrowest point.
B. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. SB 9 added Sections 65852.21 and 66411.7 to the Government Code.
C. "Urban Lot Split" shall mean a parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area.
Section „16.59.030 Application and Approval.
B. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Sections 66444-66450 and this chapter, and submitted for approval to the City Engineer. A fee in the amount established by the City Council resolution must be paid concurrently with the submission of the parcel map.
1. A registered civil engineer may prepare the tentative parcel map however, the final parcel map must be signed by a licensed land surveyor.
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C. The City Engineer is the approval authority for parcel maps under this chapter. The City Engineer shall approve a parcel map for an urban lot split if the City Engineer determines that it meets all of the requirements of this chapter.
D. The City Engineer shall not approve an urban lot split for a parcel:
1 That is located within any of the prohibited areas identified in Section
17.06.120(C)(2);
2. If the proposed urban lot split would require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power;
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; or
(iv) Housing that has been occupied by a tenant in the last three years.
3. The parcel is located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
E. The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this Code and applicable State law:
1. A map of appropriate size and to scale showing all of the following:
a) Total area (in acreage and square feet) of each proposed lot; b) Location and dimensions of existing and proposed property lines; c) Zoning district;
d) The location and use of all existing and proposed structures; e) All required zoning setbacks for the existing and proposed lots; f) The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, telephone, cable, systems, or easements;
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g) The location of all proposed new water, sewer, storm drain, lines, pipes, telephone, cable, or systems;
h) The location of any proposed easements for access or public utilities to serve a lot created by the subdivision;
i) The location of all trees, their species and their Diameter at Breast Height (DBH); j) Any area of the parcel that has a slope of 15% or greater by way of contours at 2- foot intervals;
k) Any area of the parcel that is a watercourse as defined in Section 895.1 of Title 14 of the California Code of Regulations;
1) Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel;
m) Curb, gutter, sidewalk, parkway, and street trees; type, location and dimensions; n) Location of existing or proposed driveway dimensions, materials, and slope (including cross slope);
o) Location of existing or proposed pedestrian pathway access to the public right-of- way;
p) Setbacks of structures, pools or spas on adjacent parcels that are less than 5 feet from the property line; and
q) Location of non -utility easements including but not limited to access easements, maintenance easements, and similar easements for the access and/or maintenance of surrounding residential development.
F. Prior to approval of a parcel map for an urban lot split, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the city attorney, and that acknowledges each of the following:
1. That the proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income
(2) Housing that has been occupied by a tenant in the last three years.
2. The parcel has not been established through prior exercise of an urban lot split under this chapter;
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3. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this chapter;
4. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map;
5. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least on 31-day period occupancy by the same tenant;
6. The uses allowed on a lot created by the parcel map shall be limited to residential uses;
7. Primary dwelling units located on the same lot are prohibited from being owned or conveyed separately from one another;
8. No more than two dwelling units of any kind shall be constructed or maintained on a lot that results from an urban lot split;
9. No subsequent urban lot split for lots that were previously created by an urban lot split under SB 9 are allowed; and
11. (i) That the deed restriction is for the benefit of and is enforceable by the City; (ii) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (iii) That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) That, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) That the deed restriction may not be modified or terminated without the prior written consent of the chief planning official.
Section 16.59.040 Desi n and Improvement Re uirements.
A. A parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than 1,200 square feet.
The following areas are excluded from the calculation of lot area for the purposes of this subdivision:
1. Any area on the property that would not allow a permanent residential structure be constructed or placed upon the area due to easements, or any other form of recorded restriction that presently exists and which would be created by the proposed subdivision.
B. Each parcel must be served by a separate water service meter and separate sewer connection.
C. Each parcel shall drain to the street or to a developed drainage easement.
D. Rights -of -way as required for access along all natural watercourses as necessary for flood control, maintenance, and improvement shall be dedicated.
E. The parcel must satisfy the requirements of Government Code Section 66411.7(a). -15-
F. A lot line shall not bisect or be located within four feet of any of the following:
1. Existing easements if the resulting lot would create a developable area that would interfere with the use of the easement for its intended purpose.
G. The location and orientation of new lot lines shall meet the following standards:
1. Front lot lines shall conform to the minimum public street frontage requirements of the residential district, except as provided in Section H, (Flag Lots) below.
2. Each parcel shall have approximately equal lot width and lot depth, consistent with the minimum lot sizes described in subsection A above. Lot depth shall be measured at the midpoint of the front lot lines. Lot width shall be measured by a line connecting two points on the opposite interior lot lines that result in a line parallel to the front lot line.
3. Proposed lot lines shall be straight and free of jogs in alignment, with exceptions for the following:
a) In the creation of a flag lot as provided in Section 16.59.040(H). b) When the creation of a straight lot line would intersect with an existing residential structure or a straight line would not result in lots compliant with Section 17.06.120(E). (1) In such cases, the lot line shall maintain a four foot setback from the existing or proposed residence for the purpose of access for properly and building maintenance.
(2) Such lot lines shall have the fewest number of turns possible to ensure reasonable property lines for residents.
4. Access easements for all properties and residences involved in the subdivision shall be recorded against the properties prior to any building permit issuance. a) Access easements greater than 150 feet in length shall provide a turnaround for emergency services per Title 15, Buildings and Construction, Chapter 15.16 Fire Code, D. Chapter 5: Fire Service Features, 503.2.5 Dead ends.
5. The maximum difference between the two lots created is a sixty (60), forty (40) split in area and both must be a minimum of twelve hundred (1,200) square feet.
6. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may not be straight but shall follow the appropriate course and use the least amount of turns as possible.
7. Lot lines facing a street shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater.
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8. Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets.
9. Lot lines shall be located within appropriate physical locations such as at the top of creek banks, at appropriate topographical changes, such as at the top or bottom of slopes, or at locations which clearly separate existing and proposed land uses.
10. Lot lines shall be contiguous with existing zoning boundaries.
11. The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot as defined in the Zoning Ordinance.
12. Lot lines shall not render an existing structure as nonconforming in any respect (setbacks, height, lot coverage, parking, etc.), nor increase the nonconformity of an existing nonconforming structure.
13. It is the intent of this section to permit urban lot splits. All urban lot splits proposed under this section shall be straight lines, with exceptions only for compliance with federal, state or local law.
H. Flag lots. Flag lots shall be allowed for urban lot splits, subject to the following requirements:
1. Each flag lot created shall have at least a twenty (20) foot width at its most narrow point.
2. The creation of a flag lot shall not create:
a) A legal nonconforming structure or use.
b) A structure, existing or proposed, with setbacks from the proposed lot line of less than four feet.
3. Boundary monuments shall be installed for all flag lots.
Section 16.59.050 Access Standards,
A. Each lot shall front upon or have access to a public street or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards:
1. Vehicle access easements serving a maximum of two units shall meet the following standards:
a) Easement width shall be a minimum of 20 feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the driveway and parking standards in the City's Parking Standards in Section 17.06.120(E)(14);
b) The minimum length for a vehicle access easement is 20 feet wide. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided; and
c) No residential structure shall be closer than three feet to the easement.
2. Vehicle access easement serving three to four units shall meet the following standards:
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a) Easement width shall be a minimum of 20 feet;
b) The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided; and
c) No residential structure shall be closer than five feet to the easement.
3. Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required.
An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards:
a) Easement width shall be a minimum of five feet; and
b) Pedestrian access easements shall not exceed 200 feet in length.
4. Vehicle access easements shall not be located closer than 25 feet to an intersection.
5. Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement.
6. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the Californian Fire Code, California Building Code, and the City's Parking and Design Standards in Section 17.24, Off -Street Parking and Loading.
Section 16.59.060 Ma Requirements.
A. The content and form of a parcel map shall meet all the requirements of Government Code Sections 66444-66450, except as otherwise set forth in this Chapter.
B. The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision.
C. The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel.
D. The parcel map shall contain a declaration that:
1. Each lot created by the parcel map shall be used solely for residential dwellings;
2. No more than two residential dwelling units may be permitted on each lot. As used in this subsection, residential dwelling unit includes a unit created pursuant to Government Code Section 65852.21, a primary dwelling unit, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.
3. Rental of any dwelling unit on a lot created by the parcel map shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.
Section 16.59.070 Concurrent Processing with other Ministerial Housing -Permits.
A. No development, including grading or vegetation removal, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit for the construction of a housing development and complies with all the objective development and design standards outlined for SB 9 two unit developments in Sections 17.06.090 or any other adopted objective design standards in effect at the time a complete application is submitted.
B. A building permit for development on an urban lot split cannot be issued until the parcel map records.
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C. The City Engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
Section 6. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Proj ect:
Under California Government Code sections Sections 65852.21, subdivision 0), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections Sections 66411.7 and 65852.21 regulating two -unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements Government Code Sections 65852.21 and 66411.7 these new laws enacted by SB 9.
In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone. Further, this Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Any development that would be contemplated under this Ordinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons stated above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.
Section 7. 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 8. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.
Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after passage.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2023.
Zak Schwank, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
Notice of Public Hearing
THE CIT OF TEMECULA
41000 Main Street
Temecula, CA 92590
A PUBLIC HEARING has been scheduled before the CIT❑ COUNCIL to consider the matter(s) described below.
Case No :� LR22-0158, Senate Bill 9 Ordinance Update
Applicant: City of Temecula
Location: Citywide
Proposal: An Ordinance of the City Council of the City of Temecula amending Titles 16 and 17 of the Temecula Municipal Code to implement the requirements of SB9 and make a finding that the project is exempt from CE A per (Section 15061(13)(3)).
Environmental Action: In accordance with the California Environmental luality Act ("CEQA"), the proposed ordinance is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CE A (Section 15061(b)(3)).
PLACE OF HEARING: 41000 Main St4Temecula, CA 92590, City of Temecula, Council Chambers
DATE OF HEARING: December 12, 2023
TIME OF HEARING: 6:00 PM
Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing.
Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice.
The proposed project application may be viewed at the public information counter, Temecula Civic Center, Community Development Department, 41000 Main Street, Monday through Friday from 8100 a.m. until 5100 p.m. ❑uestions concerning the project(s) may be addressed to Matt Peters, City of Temecula Community Development Department, (951) 694-6400.
City of Temecula
Community Development
41000 Main Street • Temecula, CA 92590
Phone (951 ) 694-6400 • TemeculaCA.gov
VIA -ELECTRONIC SUBMITTAL
CEQAProces sina(& asrclkrec. com
December 13, 2023
Supervising Legal Certification Clerk
County of Riverside
P.O. Box 751
Riverside, CA 92501-0751
SUBJECT: Filing of a Notice of Exemption for Long Range Project Number LR22-0158, amending Titles 16 and 17 of the Temecula Municipal Code to implement the requirements of Senate Bill 9 (SB9).
Dear Sir/Madam:
Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the City will pay for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The payment of the $50.00 filing fee is under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee.
Also, please email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below.
If you have any questions regarding this matter, please contact Matt Peters at email:
Matt.PetersgTemeculaCA. og_v.
Sincerely,
Luke Watson
Deputy City Manager
Enclosures: Notice of Exemption Form
Electronic Payment - Filing Fee Receipt
City of Temecula
Community Development
Planning Division
Notice of Exemption
TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula
P.O. Box 751 41000 Main Street
Riverside, CA 92501-0751 Temecula, CA 92590
Project Title: Long Range Project No. LR22-0158 Municipal Code Update to Titles 16 and 17 for SB9.
Description of Project: An Ordinance of the City Council of the City of Temecula amending Titles 16 and 17 of the Temecula Municipal Code to implement the requirements of Senate Bill 9 ("SB9") (2021).
Project Location: Citywide
Applicant/Proponent: City of Temecula
The City Council approved the above -described project on December 12th, 2023 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended.
Exempt Status: (check one)
❑ Ministerial (Section 21080(b)(1); Section 15268); ❑ Statutory Exemptions (Section Number:
❑Declared Emergency (Section 21080(b)(3); Section ® Categorical Exemption: (Section 15061 (b)(3)) 15269(a)); ❑ Other: Section 15162 Categorical Exemption ❑Emergency Project (Section 21080(b)(4); Section
15269(b)(c));
Statement of Reasons Supporting the Finding that the Project is Exempt:
In accordance with the California Environmental Quality Act (CEQA), the proposed ordinance has been deemed to be exempt from further environmental review as there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed ordinance amends the municipal code to make minor revisions to Massage Establishments, Home Occupation Permits, and Accessory Dwelling Units, implement standards for battery storage facilities and shipping containers, clarify permitted uses in open space zoning districts, update definitions of Specialty Market and Restaurant and correct other various typographical errors and omissions.
Contact Person/Title: Matt Peters, Assistant Director of Community Development Telephone Number (951) 694-6408 Signature:
Luke Watson, Deputy City Manager
Date received for filing at the County Clerk and Recorders Office:
Date:
•CPA)s!nrorc�uroa.vl�
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.
This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons. and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective coning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 94 Ch. 162
months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.
This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or Iaw that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is Iocated within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective coning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state -mandated local program.
The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.
This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA_
The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. 94 — 3 — Ch. 162
This bill would exempt a Iocal agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions.
By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state -mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
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(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years- (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines.
(c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high -quality transit corridor, as defused in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project ifthe building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 — 5 — Ch. 162
no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) A local agency shall require that a rental of any unit created pursuant to this section be for a tern longer than 30 days.
(# Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (i) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
(2) The terms "objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) "Local agency" means a city, county, or city and county, whether general law or chartered.
0) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.
SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
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(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income_
(ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020_ 1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94 — 7 — Ch. 162
2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights -of -way or the construction of offsitc improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision ofpublic services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.
(3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high -quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be Iimited to residential uses.
(g) (1) A local agency shall require an applicant for an urban Iot split to sign an affidavit stating that the applicant intends to occupy one of the 94 Ch. 162
housing units as theirprincipal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision snail not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.
0) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
(2) For the purposes of this section, "unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.
(k) Notwithstanding paragraph (3) of subdivision (e), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
(1) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (1) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) "Objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay cones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) "Local agency" means a city, county, or city and county, whether general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94 — 9 — Ch. 162
considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.
SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements ofpublic rights -of -way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later, The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting_ The effective date of each annual adjustment shall be March 1.
The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) "Public improvements; as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.
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(2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider's application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
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(f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate Iand use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition ofreal property orany interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January I, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner.