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Agenda

Temecula City Council
June 11, 2024

Document
Agenda
Meeting
June 11, 2024
Body
Temecula City Council
Pages
68
Original file
759 KB
Text extracted from the city's file for reading and search. Open the original on laserfiche.temeculaca.gov. That file is the official record.

(iv) Parcel Map 6228 filed on March 5, 1975 in Book 17 of Parcel Maps at

Page 21 ends

(v) Parcel Map 7822 filed on December 1, 1976 in Book 29 of Parcel Maps at Pages 60-61 (Document No. 184504);
(vi) Parcel Map 8847 filed on July 18, 1977 in Book 37 of Parcel Maps at Pages 37-38 (Document No. 134724);
(vii) Parcel Map 19276 filed on January 4, 1985 in Book 126 of Parcel Maps at Pages 41 and 42 (Document No. 2683); and
(viii) Tract Map 18518-1 filed December 11, 1987 in Book 177 of Maps at Pages 14-21 (Document No. 351065).

D. The City desires to accept for public use, namely public street and public utility purposes, those portions of Calle Medusa from Nicolas Road to Enfield Lane made in the above Recorded Dedications and depicted roughly on EXHIBIT "A" hereto that were not previously accepted for public use by the County of Riverside and/or the City of Temecula.

E. Further, the City desires to accept said portions of Calle Medusa from Nicolas Road to Enfield Lane depicted roughly on EXHIBIT "A" hereto into the City -maintained street system in accordance with Streets and Highways Code section 1806(b).

Section 2. Acceptance of Dedication of Calle Medusa from Nicolas Road to Enfield Lane for Public Street and Public Utility Purposes. The City Council hereby accepts for public use, namely public street and public utility purposes, those portions of Calle Medusa from Nicolas Road to Enfield Lane roughly depicted on EXHIBIT "A" hereto, which were dedicated for public use in the Recorded Dedications, but were not previously accepted by the County of Riverside and/or the City of Temecula.

Section 3. Acceptance of Calle Medusa from Nicolas Road to Enfield Lane into the City -Maintained Street System. The City hereby accepts into the City -maintained street system pursuant to Streets and Highways Code section 1806(b), those portions of Calle Medusa from Nicolas Road to Enfield Lane depicted roughly on EXHIBIT "A" hereto, which were dedicated for public use in the Recorded Dedications.

Section 4. Recording of Resolution. The City Clerk shall cause a certified copy of this Resolution to be recorded in the Official Records of the County of Riverside.

Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 1 I th day of June 2024.

James Stewart, 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. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the I Ph day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

EXHIBIT "A"

ROUGH DEPICTION OF CALLE MEDUSA FROM NICOLAS ROAD TO ENFIELD LANE VN

RESOLUTION NO.2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ACCEPTING DEDICATIONS OF

PORTIONS OF GREEN TREE ROAD FROM PAUBA

ROAD TO DEODAR LANE FOR PUBLIC USE AND

ACCEPTING SAID PORTIONS INTO THE CITY -

MAINTAINED STREET SYSTEM

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

Section 1. Findings. The City Council finds, determines and declares that:

A. The City Council considered the recommendation of the Private -Public Street Maintenance Ad Hoc Subcommittee at the City Council Meeting of May 14, 2024 regarding the acceptance of certain streets dedicated for public use that have not been accepted into the City - maintained street system.

B. The City Council agreed that Green Tree Road from Pauba Road to Deodar Lane (referred to below as "Green Tree Road") satisfied the criteria considered by the Private -Public Street Maintenance Ad Hoc Subcommittee for acceptance into the City -maintained street system.

Green Tree Road (i) is a residential street with two points of access (one of which connects to a street within the City's accepted street maintenance program) and/or is a residential street constructed/paved in accordance with City street standards and connects to a paved street that has been accepted by the City into the City -maintained street system; (ii) is dedicated for public use; (iii) has not been accepted for maintenance pursuant to a City Council Resolution; (iv) there is no property association or homeowner's association along the street to implement a funding mechanism for street maintenance; and (v) is not in an area subject to a community facilities district or assessment district to fund street maintenance. The Subject Portions of Green Tree Road are depicted roughly on EXHIBIT "A" attached hereto and incorporated herein by this reference.

C. Green Tree Road was dedicated for public use, namely public street and public utility purposes, pursuant to the following Parcel Maps, Tract Map, and described on a Record of Survey recorded in the Official Records of the County of Riverside (referred to collectively as "Recorded Dedications"):
(i) Parcel Map 13018 filed on September 21, 1979 in Book 70 of Parcel Maps at Page 9 (Document No. 200490);
(ii) Parcel Map 13428 filed on October 27, 1980 in Book 83 of Parcel Maps at Pages 99 and 100 (Document No. 199498);
(iii) Parcel Map 14346 filed on February 8, 1980 in Book 75 of Parcel Maps at

Page 18 ends

(iv) Parcel Map 15076 filed on January 16, 1981 in Book 87 of Parcel Maps at Pages 36 and 37 (Document No. 8285);
(v) Parcel Map 15287 filed on January 26, 1981 in Book 87 of Parcel Maps at

Page 68 ends

(vi) Parcel Map 18610 filed on October 27, 1982 in Book 110 of Parcel Maps at Page 6 (Document No 186396);
(vii) Parcel Map 19553 filed on February 29, 1984 in Book 120 of Parcel Maps at Pages 81 and 82 (Document No. 42129);
(viii) Parcel Map 22610 filed on February 26, 1988 in Book 149 of Parcel Maps at Pages 3 and 4 (Document No. 51228);
(ix) Parcel Map 22629 filed on November 24, 1992 in Book 178 of Parcel Maps at Pages 25 and 26 (Document No. 449318);
(x) Record of Survey filed on April 29, 2003 in Book 115 Records of Survey at Pages 16-19 of Records of Survey (Document No. 2003-300999); and (xi) Tract Map 26521 filed August 17, 2000 in Book 295 of Maps at Pages 4-6 (Document No. 2000-322317).

D. The City desires to accept for public use, namely public street and public utility purposes, those portions of Green Tree Road made in the above Recorded Dedications and depicted roughly on EXHIBIT "A" hereto that were not previously accepted for public use by the County of Riverside and/or the City of Temecula.

E. Further, the City desires to accept said portions of Green Tree Road from Pauba Road to Deodar Lane depicted roughly on EXHIBIT "A" hereto into the City -maintained street system in accordance with Streets and Highways Code section 1806(b).

Section 2. Acceptance of Dedication of Green Tree Road from Pauba Road to Deodar Lane for Public Street and Public Utility PLaMoses. The City Council hereby accepts for public use, namely public street and public utility purposes, those portions of Green Tree Road from Pauba Road to Deodar Lane depicted roughly on EXHIBIT "A" hereto, which were dedicated for public use in the Recorded Dedications, but were not previously accepted by the County of Riverside and/or the City of Temecula.

Section 3. Acceptance of Green Tree Road from Pauba Road to Deodar Lane into the City -Maintained Street S. sue. The City hereby accepts into the City -maintained street system pursuant to Streets and Highways Code section 1806(b), those portions of Green Tree Road from Pauba Road to Deodar Lane depicted roughly on EXHIBIT "A" hereto, which were dedicated for public use in the Recorded Dedications.

Section 4. Recording of Resolution. The City Clerk shall cause a certified copy of this Resolution to be recorded in the Official Records of the County of Riverside.

Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this l lth day of June, 2024.

James Stewart, 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. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the I Ph day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

EXHIBIT "A"

GREEN TREE ROAD FROM PAUBA ROAD TO DEODAR LANE
0o
,41N
CA
i,

RESOLUTION NO.2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ACCEPTING DEDICATIONS OF

PORTIONS OF ORMSBY ROAD FROM SANTIAGO ROAD

TO ESTERO ROAD FOR PUBLIC USE AND ACCEPTING

SAID PORTIONS INTO THE CITY -MAINTAINED STREET
SYSTEM

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

Section 1. Findings. The City Council finds, determines and declares that:

A. The City Council considered the recommendation of the Private -Public Street Maintenance Ad Hoc Subcommittee at the City Council Meeting of May 14, 2024 regarding the acceptance of certain streets dedicated for public use that have not been accepted into the City - maintained street system.

B. The City Council agreed that Ormsby Road from Santiago Road to Estero Road (referred to below as "Ormsby Road") satisfied the criteria considered by the Private -Public Street Maintenance Ad Hoc Subcommittee for acceptance into the City -maintained street system.

Ormsby Road (i) is a residential street with two points of access (one of which connects to a street within the City's accepted street maintenance program) and/or is a residential street constructed/paved in accordance with City street standards and connects to a paved street that has been accepted by the City into the City -maintained street system; (ii) is dedicated for public use; (iii) has not been accepted for maintenance pursuant to a City Council Resolution; (iv) there is no property association or homeowner's association along the street to implement a funding mechanism for street maintenance; and (v) is not in an area subject to a community facilities district or assessment district to fund street maintenance. The subject portions of Ormsby Road are depicted roughly on EXHIBIT "A" attached hereto and incorporated herein by this reference.

C. Ormsby Road was dedicated for public use, namely public street and public utility purposes, pursuant to the following Declaration of Dedication, Parcel Maps, and Tract Map recorded in the Official Records of the County of Riverside (referred to collectively as "Recorded Dedications"):
(i) Declaration of Dedication recorded on December 13, 1976 as Document Number 191103;
(ii) Parcel Map 8325 filed on November 21, 1977 in Book 42 of Parcel Maps at Pages 49-50 (Document No. 232435);
(iii) Parcel Map 8632 filed on December 14, 1977 in Book 43 of Parcel Maps at Pages 48 and 49 (Document No. 248319);

(iv) Parcel Map 13889 filed on May 8, 1980 in Book 77 of Parcel Maps at Pages 98 and 99 (Document No. 87398);
(v) Parcel Map 13888 filed on April 29, 1982 in Book 104 of Parcel Maps at Pages 10 and 11 (Document No. 73175);
(vi) Parcel Map 15111 filed on July 7, 1983 in Book 115 of Parcel Maps at Pages 71 and 72 (Document No. 136186);
(vii) Parcel Map 16705 filed on September 30, 1981 in Book 96 of Parcel Maps at Pages 39 and 40 (Document No. 184438);
(viii) Parcel Map 24633 filed on August 22, 1994 in Book 183 of Parcel Maps at Pages 86 and 87 (Document No. 326541);
(ix) Parcel Map 25538 filed on August 22, 1994 in Book 183 of Parcel Maps at Pages 88 and 89 (Document No. 327074);
(x) Parcel Map 28962 filed on July 19, 1999 in Book 194 of Parcel Maps at Pages 40 -41 (Document No. 320086);
(xi) Parcel Map 30178 filed on August 6, 2002 in Book 202 of Parcel Maps at Pages 57-58 (Document No. 2002-430693);
(xii) Parcel Map 30404 filed on November 24, 2010 in Book 232 of Parcel Maps at Pages 15-16 (Document No. 2010-0567437); and
(xiii) Tract No. 18583 filed on April 10, 1986 in Book 157 of Maps at Pages 1-3 (Document No. 83055).

D. Ormsby Road was formerly referred to as Calle Francis in several of the Recorded Dedications.

E. The City desires to accept for public use, namely public street and public utility purposes, those portions of Ormsby Road made in the above Recorded Dedications and depicted roughly on EXHIBIT "A" hereto that were not previously accepted for public use by the County of Riverside and/or the City of Temecula.

F. Further, the City desires to accept said portions of Ormsby Road from Santiago Road to Estero Road depicted roughly on EXHIBIT "A" hereto into the City -maintained street system in accordance with Streets and Highways Code section 1806(b).

Section 2. Acceptance of Dedication of Ormsbv Road from Santiago Road to Estero Road for Public Street and Public Utility PpMoses. The City Council hereby accepts for public use, namely public street and public utility purposes, those portions of Ormsby Road from Santiago Road to Estero Road depicted roughly on EXHIBIT "A" hereto, which were dedicated for public use in the Recorded Dedications, but were not previously accepted by the County of Riverside and/or the City of Temecula.

Section 3. Acceptance of Ormsby Road from Santiago Road to Estero Road into the City -Maintained Street S. sue. The City hereby accepts into the City -maintained street system pursuant to Streets and Highways Code section 1806(b), those portions of Ormsby Road from Santiago Road to Estero Road depicted roughly on EXHIBIT "A" hereto, which were dedicated for public use in the Recorded Dedications.

Section 4. Recording of Resolution. The City Clerk shall cause a certified copy of this Resolution to be recorded in the Official Records of the County of Riverside.

Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this l lth day of June, 2024.

James Stewart, 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. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the I Ph day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

EXHIBIT "A"

ROUGH DEPICTION OF ORMSBY ROAD FROM SANTIAGO ROAD TO ESTERO ROAD ESTERO 5T
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VIA E4-QELORA

SWOO'O RD

RESOLUTION NO.2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ACCEPTING DEDICATION OF

PORTIONS OF VIA EL DELORA FROM ORMSBY ROAD

TO END OF THE VIA EL DELORA CUL-DE-SAC FOR

PUBLIC USE AND ACCEPTING SAID PORTIONS INTO

THE CITY -MAINTAINED STREET SYSTEM

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

Section 1. Findings. The City Council finds, determines and declares that:

A. The City Council considered the recommendation of the Private -Public Street Maintenance Ad Hoc Subcommittee at the City Council Meeting of May 14, 2024 regarding the acceptance of certain streets dedicated for public use that have not been accepted into the City - maintained street system.

B. The City Council agreed that Via El Delora from Ormsby Road to end of the Via El Delora cul-de-sac (referred to below as "Via El Delora") satisfied the criteria considered by the Private -Public Street Maintenance Ad Hoc Subcommittee for acceptance into the City -maintained street system. Via El Delora (i) is a residential street with two points of access (one of which connects to a street within the City's accepted street maintenance program) and/or is a residential street constructed/paved in accordance with City street standards and connects to a paved street that has been accepted by the City into the City -maintained street system; (ii) is dedicated for public use; (iii) has not been accepted for maintenance pursuant to a City Council Resolution; (iv) there is no property association or homeowner's association along the street to implement a funding mechanism for street maintenance; and (v) is not in an area subject to a community facilities district or assessment district to fund street maintenance. The subject portions of Via El Delora are depicted roughly on EXHIBIT "A" attached hereto and incorporated herein by this reference.

C. Via El Delora was dedicated for public use, namely public street and public utility purposes, pursuant to Parcel Map 13889 filed on May 8, 1980 in Book 77 of Parcel Maps at Pages 98 and 99 (Document No. 87398) (referred to as "Recorded Dedication").

D. The City desires to accept the for public use, namely public street and public utility purposes, those portions of Via El Delora from Ormsby Road to end of the Via El Delora cul-de- sac made in the above Recorded Dedication and depicted roughly on EXHIBIT "A" hereto that were not previously accepted for public use by the County of Riverside and/or the City of Temecula.

E. Further, the City desires to accept said portions of Via El Delora from Ormsby Road to end of the Via El Delora cul-de-sac depicted roughly on EXHIBIT "A" hereto into the City - maintained street system in accordance with Streets and Highways Code section 1806(b).

Section 2. Acceptance of Dedication of Via El Delora from Ormsby Road to end of the Via El Delora cul-de-sac for Public Street and Public Utility Purposes. The City Council hereby accepts for public use, namely public street and public utility purposes, those portions of Via El Delora from Ormsby Road to end of the Via El Delora cul-de-sac depicted roughly on EXHIBIT "A" hereto, which were dedicated for public use in the Recorded Dedication, but were not previously accepted by the County of Riverside and/or the City of Temecula.

Section 3. Acceptance of Via El Delora from Ormsby Road to end of the Via El Delora cul-de-sac into the City -Maintained Street System. The City hereby accepts into the City - maintained street system pursuant to Streets and Highways Code section 1806(b), those portions of Via El Delora from Ormsby Road to end of the Via El Delora cul-de-sac depicted roughly on EXHIBIT "A" hereto, which were dedicated for public use in the Recorded Dedication.

Section 4. Recording of Resolution. The City Clerk shall cause a certified copy of this Resolution to be recorded in the Official Records of the County of Riverside.

Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 1 Vh day of June, 2024.

James Stewart, 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. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 1 Ith day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

EXHIBIT "A"

ROUGH DEPICTION OF VIA EL DELORA FROM

ORMSBY ROAD TO END OF THE VIA EL DELORA CUL-DE-SAC

Item No. 17

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 11, 2024
SUBJECT: Accept Improvements and File the Notice of Completion for the Margarita Recreation Center, PW 17-21
PREPARED BY: Amer Attar, Engineering Manager
Nino Abad, Senior Civil Engineer
RECOMMENDATION: That the City Council:

1. Accept the construction of the Margarita Recreation Center, PW17-21, as complete; and

2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and

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

BACKGROUND: On March 9, 2021 the City Council awarded a design -build contract to De La Secura Builders, Inc (DLS) for the design and construction of the Margarita Recreation Center (MRC), PW17-21 in the amount of $8,680,459. The City Council also authorized the City Manager to approve contract change orders up to a contingency amount of $120,000. On September 13, 2022 the City Council approved an increase to the contingency in the amount of $895,000. With this addition, the total encumbrance of the project is $9,695,450.

The completed project included the total demolition of the existing building and the construction of the new MRC. Facilities at the new MRC include a multipurpose room with operable partition, classroom, dance/fitness room, kitchen, administrative offices, aquatics office, lifeguard office, first aid room, locker rooms, restrooms, two outdoor patio areas, a 75' x 65' pool, and a pool equipment/storage building.

DLS has completed the work in accordance with the approved design -build contract, general conditions, approved construction contract change orders, and to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one year from January 28, 2024, the day the City gained beneficial use of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107. A portion

of the retention will be held for warranty purposes per the terms of the design -build contract.

The amount of the design -build contract was $8,680,459. Six (6) contract change orders were issued totaling $811,558.76. The final contract amount totaled $9,492,017.76.

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. Contractor's Affidavit and Final Release

RECORDING REQUESTED BY
AND RETURN TO:

CITY CLERK

CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590

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

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

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

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

3. The Nature of Interest is a Contract which was awarded by the City of Temecula to De La Secura Builder, Inc., 1975 N Batavia St, Orange, CA 92685 to perform the following work of improvement:

Margarita Recreation Center
Project No. PW17-21

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 June 11, 2024. That upon said contract The Ohio Casualty Insurance Company 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:

Margarita Recreation Center
29119 Margarita Rd
Temecula, CA 92591
Project No. PW17-21

6. The location of said property is: Citywide, Temecula, California.

Dated at Temecula, California, this 11t" day of June, 2024.

City of Temecula
Randi Johl, City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

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

Dated at Temecula, California, this 11th day of June, 2024.

City of Temecula
Randi Johl, City Clerk

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for

MARGARITA RECREATION CENTER
PROJECT NO. PW17-21
This is to certify that De La Secura, Inc. dba DLS Builders (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 MARGARITA RECREATION CENTER, PROJECT NO. PW17-21, situated in the City of Temecula, State of California, more particularly described as follows:
29119 MARGARITA RD, TEMECULA, CA 92591

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
*Stop Payment Notice - Mora Glazing
$21,698.86 ($27,123.58 Bonded)
*Stop Payment Notice - Precision Contractors, Inc
$65,249.26 ($81,560.33 Bonded)
*DLS Builders has submitted release bonds for 125% of the Stop Notice amounts to release the above stop payment notices. Thus, City should not withhold any retention funds on account of the above stop payment notices.

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.

Dated: 2 y Z By:

Print Name and Title
RELEASE R-1

Item No. 18

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 11, 2024
SUBJECT: Accept Improvements and File the Notice of Completion for the Citywide Concrete Repairs for Fiscal Year 2022-23, PW23-17
PREPARED BY: Amer Attar, Engineering Manager
Emalee Sena, Engineering Technician II
RECOMMENDATION: That the City Council:

1. Accept the construction of the citywide concrete repairs for fiscal year 2022-23, PW23- 17, as complete; and

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

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

BACKGROUND: On October 24, 2023, the City Council awarded a construction contract to Loamic Builders, Inc. for the construction of the Citywide Concrete Repairs Project, PW23-17 in the amount of $318,244.27. The City Council also authorized the City Manager to approve construction contract change orders for the contingency amount of $31,824.43., which is 10% of the contract amount. On January 9, 2024, the City Council approved an increase to the construction contingency in the amount of $100,000. With this addition, the total encumbrance of the project is $450,068.70.

The completed project included repairs to concrete facilities at over one hundred and seven (107) locations. Existing curb and gutter, sidewalks, access ramps, cross gutters, and sidewalk drains were removed and replaced. In addition, concrete access ramps were upgraded to ADA standards at several locations near Vail Ranch Middle School and the Winchester Road / Jefferson Ave northern median was recessed to enhance traffic flow.

Loamic Builders, Inc. has completed the work in accordance with the approved specifications, approved construction contract change orders, and to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one year from April 29, 2024,

the day the City gained beneficial use of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107.

The amount of the construction contract was $318,244.27. Two (2) construction contract change orders were issued totaling $124,235.38. The final contract amount totaled $442,479.65.

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

ATTACHMENTS: 1. Notice of Completion

2. Maintenance Bond

3. Contractor's Affidavit and Final Release

RECORDING REQUESTED BY
AND RETURN TO:

CITY CLERK

CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590

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

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

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

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

3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Loamic Builders Inc., 8880 Blanchard Ave, Fontana, CA 92335 to perform the following work of improvement:

Citywide Concrete Repairs FY 2022-23
Project No. PW23-17

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 June 11, 2024. That upon said contract Patriot Risk and Insurance Services 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:

Citywide Concrete Repairs FY 2022-23
Project No. PW23-17

6. The location of said property is: Citywide, Temecula, California.

Dated at Temecula, California, this 11t' day of June, 2024.

City of Temecula
Randi Johl, City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

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

Dated at Temecula, California, this 11th day of June, 2024.

City of Temecula
Randi Johl, City Clerk

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO. 7453627-M

MAINTENANCE BOND
for
CITYWIDE CONCRETE REPAIRS FISCAL YEAR 2022-23
PROJECT NO. PW23-17

KNOW ALL PERSONS BY THESE PRESENT THAT
Loamic Builders, Inc.

NAME AND ADDRESS OF CONTRACTOR
a Corporation
(fill in whether a Corporation, Partnership, or Individual) (hereinafter called "Principal"), and
Old Republic Surety Company, 14728 Pipeline Ave., Suite E, Chino Hills, CA 91709

NAME AND ADDRESS OF SURETY
(hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum ofForty-four thousand, two hundred forty-sevenDOLLARS AND ninety-seven CENTS ($ 44,247.97 ] in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 24th day of October , 20 23 , a copy of which is hereto attached and made a part hereof for the construction of CITYWIDE CONCRETE REPAIRS FISCAL YEAR 2022-23, PROJECT NO. PW23-17.

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 14th day of May 20 24 .

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 14th day of May
(Seal)
SURETY: Old Re lblic Surety Company PRINCIPAL: Loamic Builders, Inc.

By: By:

Scott Salandi Way Hanthel
(Name) (Name)
Attorney -in -fact
(Title)
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney
President
(Title)
B:
ike Masse
(Name)
Vice -President
(Title)
NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures.

MAINTENANCE BOND MB-2

CALIFORNIA ALL --PURPOSE__

CERTIFICATE OF 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 Los Angeles
On 5 l - 2 `1 before me, Rosa Mercedes Alcaraz , NOTARY PUBLIC , ere i,.rt riernu wid We of tho car
personally appeared ,
who proved to me on the basib of satisfactory evidence to be the personJ,>>!f whose name(j) is/ar,6 subscribed to the within instrument and acknowledgeq to me that he/she hW executed the same in his/her-/th�uthorize capacity(j6s), and that by l� his/eir signature(V) on the instrument the person( or the entity upon behalf 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.
,I O%MINIIA MERCEDES ALCARA2
WITNESS my d and official seal. OTARYPUB#1C4C8469ORNIANLOSANGELES COUNTY Y COMM. EXP. MAR. 18, 2028";
Notary Public Si nat"re (Notary Public Seal)

ADDITIONAL OPTIONAL INFORMATION

INSTRUCTIONS FOR COMPLETING THIS FORM
_
This form complies with current California statutes regarding notary wording and,

DESCRIPTION OF THE ATTACHED DOCUMENT
if needed, should be completed and attached to the document. Acknowledgements from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary _
law.
(Title or description of attached document)
° State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. ° Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued)
must also be the same date the acknowledgment is completed. ° The notary public must print his or her name as it appears within his or her Number of Pages Document Date
commission followed by a comma and then your title (notary public). ° Print the name(s) of document signer(s) who personally appear at the time of notarization.
° Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ° The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. ° Signature of the notary public must match the signature on file with the office of the county clerk.
• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). o Securely attach this document to the signed document with a staple. 1(800)599-2923 1 1(310)242-7775 www.TheNotaryLab.com

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

State of Californ
County of
On before mt, ,
Date j f�
personally appeared
Insert Name and Title
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. :°,"r MICHAEL BECERRA e
Comm. # 2454049 rrn�

NOTARY PUBLIC-CALIFORNIA UI

RIVERSIDE COUNTY
�atnnae MY Comm. EXP. JULY 28, 2027
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
Place Notary Seal Above

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

Description of Attached Docufnet
Title or Type of Document: �G
Document Date:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing:

Number of Pages:

Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing:
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M111072101M 15 W440 MILGIREMIYAMMIK14101 11-1111.11591M• • alllal�' i�� i •i •�

ALL- PURPOSE

CERTIFICATE OF 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 San Bernardino
On IV, ?v before me, Tina Downey,Nota -Public ,
Here Insert name and Em of e omcer)
personally appeared Scott Salandi
who proved to me on the basis of satisfactory evidence to be the personK whose name is re subsefted to the within instrument and acknowledged to me that he/they executed the same int li herltheir authorized capacity, and that by mlivwv
erltheir signatureXon the instrument the person, or the entity upon behalf of ch the personKacted, 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. m9MA]6W44EY
Flatery Auhfic - California
San Bcrnardtno Lounty F
>� Commisstun 4 2393319
M7 '1arrre.:xavs New 21. 2025
o Public Signature (Notary Public Seal)

ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM ardF and

DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of aftadW documen!)
(title or description of attached document continued)
Number of Pages Document Date

CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
le
❑ Partner(s)
El Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version >,snAvAotaryCiasses_com 800-873-9865
Thusfvrrn colnphes mvah Curren Califarnfa start— regardlng —0 a ng ifneeded, should be canrpleted and attached to the docrunent. Acknolmvedge its frour other slates way be covVeted for docurnenu being seat to that state so torts as the svording does not require the Cal►jarnia trotary to violate California 00hary loty. • State and County infomtatian must tic the State and County where the document cignar(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
e Indicate the correct singular or plural forms by croming off incorrect forms (i.e. imeJshe/they is /me) or circlingthe correct forms. Failure to correctly indicate This information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. bnpression must not cover test or limes. If seal impression snnrdges, re -seal if a sufficizrtt area permits, other+vise carrrpleie a different ackrtawlu3�m�lm! fort. • Signature of the notary public mast match the signature on file with the office of the coumy clerk.

Additional information is not required but could help to ensure this aclmowledgrnad is not misused or attached to a different document.

Indicate title or type of;aIw rCd dk. IDT100t. nilinbur of pages and date.

Indicate the capacity claimed by the signer. If rite claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely aunch this document to the signed docurnant with a staple.

* OLD

REPUBLIC SURETY COMPANY

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint:

Scott Salandi, David Jacobson of Irvine, CA
its true and lawful Attomey(s)-in-Fad, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows:

ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys-in-Fact, pursuant to these presents, are ratified and confirmed.

This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.

This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982.

RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attomeysin-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person.

RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons.

RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed.

IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be .ffi—A fhi� 16th day of March 2022
ASS,..ean1 S9 CTBt®

STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS

OLD REPUBLIC SURETY COMPANY
President
On this 16th day of March 2022 , personally came before me, Alan Pavlic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swom, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duty affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. hy: RpY iqf;•.;
'nGe►.�G , e
•
Notary Public
My Commission Expires: September 28.2022
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force.
740043 ; SEAL . ; Signed and sealed al the City of Brookfield, WI this t day off ORSC 22262 i3416y-
Asska.-,N Smcrela
Patriot Risk & Ins Services LLC

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for
CITYWIDE CONCRETE REPAIRS FISCAL YEAR 2022-23
PROJECT NO. PW23-17
This is to certify that Loamic Builders, Inc.
(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 CITYWIDE CONCRETE REPAIRS FISCAL YEAR 2022-23, PROJECT NO. PW23-17, situated in the City of Temecula, State of California, more particularly described as follows:

City Wide Concrete Repair

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 Disaute
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.

Dated:

CONTRACTOR:
05/18/2024� _„ By:

Signature
Loay Hanthel, President
Print Name and Title
RELEASE R-1

Item No. 19

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 11, 2024
SUBJECT: Accept Improvements and File the Notice of Completion for the Mary Phillips Senior Center Outdoor Recreational Area, PW22-08
PREPARED BY: Avlin R. Odviar, Principal Civil Engineer
Shawna Bennetts, Associate Civil Engineer
RECOMMENDATION: That the City Council:

1. Accept the construction of the Mary Phillips Senior Center Outdoor Recreational Area, PW22-08, 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 May 9, 2023, the City Council awarded a construction contract to Aster Construction Services in the amount of $550,822 and authorized the City Manager to approve construction contract change orders not to exceed the contingency amount of $55,082.

Work generally consisted of construction of an outdoor recreational area behind the Mary Phillips Senior Center. The Project includes three shuffleboard courts, seating areas, shade structures, landscaping, irrigation, perimeter wrought -iron fence and gate, lighting, storage and refuse areas.

This project was partially funded with Community Development Block Grant (CDBG).

Aster Construction Services has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one year from November 14, 2023, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107.

The amount of the construction contract was $550,822. There was one (1) construction contract change order issued totaling $38,082.00. The final contract amount totaled $588,904.

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

ATTACHMENTS: 1. Notice of Completion

2. Maintenance Bond

3. Contractor's Affidavit and Final Release

RECORDING REQUESTED BY
AND RETURN TO:

CITY CLERK

CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590

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

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

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

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

3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Aster Construction Services, 16661/2 McCadden Place, Los Angeles, CA 90028 to perform the following work of improvement:

MARY PHILLIPS SENIOR CENTER OUTDOOR RECREATIONAL AREA
Project No. PW22-08

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 June 11, 2024. That upon said contract the Merchants Bonding Company (Mutual) 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:

MARY PHILLIPS SENIOR CENTER OUTDOOR RECREATIONAL AREA
Project No. PW22-08

6. The location of said property is: 41845 Sixth Street, Temecula, California.

Dated at Temecula, California, this 11t" day of June, 2024.

City of Temecula
Randi Johl, City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

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

Dated at Temecula, California, this 11th day of June, 2024.

City of Temecula
Randi Johl, City Clerk

2023-167

SURETY BOND REVIEW FORM
The attached surety bond(s) have been reviewed in the following amount(s):

PROJECT:

Mary Phillips Senior Center Outdoor Recreation Area
Project No. PW22-08
CONTRACTOR:

Aster Construction Services
SURETY
BOND
TYPE
BOND
NUMBER
BOND
AMOUNT
Merchants Bonding Company Mutual
Maintenance
100015991
$58,890.40
The surety company is ® is not ❑ an admitted company in the State of California:
■ Financial Strength Rating: A+ / IX
■ A.M. Best #: 000594
■ NAIC M 14494
■ CA Company ID #: 2482-8
Insurance Verified By:

Risk Management Division
Approved As to Form:

Peter M. Thorson, City Attorney
5/29/24
Date
Date
NOTES: NOC scheduled to be approved at the 6/11/24 City Council meeting.

;z of 3 —1(2-7
BOND NO. 100015991

MAINTENANCE BOND
for

MARY PHILLIPS SENIOR CENTER OUTDOOR RECREATIONAL AREA
PROJECT NO. PW22-08

KNOW ALL PERSONS BY THESE PRESENT THAT
Aster Construction Services, 1666 1/2 McCadden Place, Los Angeles, CA 90028

NAME AND ADDRESS OF CONTRACTOR
a Corporation (hereinafter called "Principal"), and
(fill in whether a Corporation, Partnership, or Individual) Merchants Bonding Company (Mutual), PO Box 14498, Des Moines, IA 50306-3498

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 Fifty Eight Thousand Eight Hundred Ninety DOLLARS AND Forty CENTS (S 58,890.40 } 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 9th day of May , 2023 , a copy of which is hereto attached and made a part hereof for the construction of NARY PHILLIPS SENIOR CENTER OUTDOOR RECREATIONAL AREA, PROJECT NO. PW22-08.

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 14th day of November 02023
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 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 5th day of February 2024
(Seal)
SURETY:Merchants Bonding Company (Mutual) PRINCIPAL: Aster Construction Services By:

Terah Lane
(Name)
Attorney -In -Fact
(Title)
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney
(Name)
(Name)
Ge - C�.- 1'4-�-
(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.

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

State of California
County of Oran
On D-1 4 au�� before me,
personally appeared
Heather Rose Saltarelli , Notary Public,
Terah Lane
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s-) is/a-re 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.

SEATHER ROSE SALTARELLI
Notary Pu611r - Callfornla

0. " County
CGrnM1Ufon if 2404440
my Comm. EWrips Jul 27, 1026
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signaturev-aft W glau
Siguature of Notary Public
__--------------------- ------ -_------ —---- ---- OPTIONAL �....- Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document.

Description of Attached Document
Type or Title of Document:

Document Date:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: Terah Lane
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner: ❑Limited ❑ General
© Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:

Signer Is Representing:

Number of Pages:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner: ❑Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:

Signer Is Representing:

Rev. 1-15

T777�k
BONDING COMPANY.,,,

POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Heather Saltarelli; Jerl Apodaca; Jessica Alvarado; Kevin Cathcart; Kim Luu; Mark Richardson; Mike Parizino; Rachelle Rheault Terah Lane; Teresa I Jackson
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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.

This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation, It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.

In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.

In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 18th day of January 2024 •"`�����"• 04'' —0, MERCHANTS BONDING COMPANY (MUTUAL)
�•,•� RR `+•gyp ' O�,e►PU n`�9 •• RCHANTS NATIONAL BONDING, INC. dEbia MERCHANTS NATIONAL INDEMNITY COMPANY
_�❑ -o_ 4�p d=�O o
V, 2003 � : y r 1933 c' By
STATE OF IOWA �•• {} •�►•` '■;� `.` President
COUNTY OF DALLAS ss.
'•nn■..■.•' •......

On this 18th day of January 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.

Kim Lee
' Commission Number 102737 4
I>,r1y Commission 6P res
Ap6114, 2()24
Notary Public
(Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked.

In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companles on this 5th day of February 2024 .

RpoRg,Oa
v : ��°?�`�QRg9•; Gam/
:�e.7 y' 1933 C: Secretary
2043
": �:'. .' • '��;• 'tom:'
POA 0018 (10/22) r+�r•'R's•'

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 Say) '
On Fe bruar -7ihi 2U2q{ before me, (co ZaICL No}A Public, (insert name and title of the officer)
personally appeared W a0 1 h D cA 1, c r
who proved to me on the basis of satisfactory evidence to be the p rson ) whose name j i dare eb5cri
tha he sh It ey executed the same in
erltheir authorized capacity(i }, and that byherltheir signatureon the instrument the son4,e'�, or the entity upon beh if of which the person�s'S acted, executed the instrument.

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

WITNESS my hand and official seal. s�nAF�NAcvxCoRZAt
COMM. 02470428 {}
a NOTARYPURICLAUFORNUI n

SAN OIEGO COUNTY
Ndc4mwEA A EXO 0
1•.....,....,...•...E.... 9- 2Q7 ,.;
Signature (Seal)

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 State of California
County of County of Loa Angeles )
On uL( U1,`I before me,
(insert name and title of the officer)
personally appeared U XA%
who proved to me on the basis of satisfacto evidence tQ the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS m hand and offs is seal. RRO
°RRO
` AMERICAnEaf
'" fq Notary Public -California
GV Los Angeles County
X-'..� Commission N 24296gg
• �+�r •" My Comm. Expires Oec 8, 2026
Signature /Iwti ti(/ I v I (Seal)

,ab;t3-IV7

CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for

MARY PHILLIPS SENIOR CENTER OUTDOOR RECREATIONAL AREA
PROJECT NO. PW22-08
This is to certify that _After ConstructionSecvjce ,
(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 MARY PHILLIPS SENIOR CENTER OUTDOOR RECREATIONAL AREA, PROJECT NO. PW22-08, situated in the City of Temecula, State of California, more particularly described as follows:
41$45 5th St. Temecula, CA 92590

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: z 2 o By:

Signature
Fd 4u� nc
Print Name and Title

Item No. 19

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 11, 2024
SUBJECT: Receive and File Temporary Street Closures for 2024 Summerfest Events PREPARED BY: Anissa Sharp, Management Analyst
Nick Minicilli, Senior Traffic Engineer
RECOMMENDATION: That the City Council receive and file the temporary closure of certain streets for the following 2024 Summerfest Events:

TEMECULA SUNSET MARKET

SUMMER CONCERT SERIES
4TH OF JULY PARADE
4TH OF JULY FIREWORKS SHOW

NATIONAL NIGHT OUT
BACKGROUND: Five special events are scheduled between June 2024 and August 2024 which necessitates the physical closure of all or portions of certain streets within the Old Town area and other streets throughout Temecula. These closures are necessary for event operation as well as to protect participants and viewers.

The five events and associated street closures are as follows:
1) TEMECULA SUNSET MARKET — June to November 2024
(Bi-Monthly Afternoon Market in Old Town)
The Temecula Sunset Market will be open for public use the 2nd and 4th Thursday of each month with the last market occurring November, 30, 2024 in the Town Square Park. The street closures necessary are as follows:

Main Street
from the easterly driveway edge of
28636 Old Town Front Street
at Be Good Restaurant to Mercedes Street
July to November 13th
2nd and 4th Thursday
12:00 p.m. to 11:00 p.m.

November 30th
Special Market
10:00 a.m. to 10 p.m.

Mercedes Street
Third Street to Fourth Street
July to November 13th
2nd and 4th Thursday
12:00 p.m. to 11:00 p.m.

November 30th
Special Market
10:00 a.m. to 10 p.m.

Street closures for the Temecula Sunset Market event are shown on Exhibit "A" attached hereto. 2) SUMMER CONCERT SERIES — June to July 2024
The Summer Concert Series will be held throughout June and July 2024 in the Town Square Park.

The street closures necessary are as follows:

Thursday, June 201h
Main Street
Thursday, June 271h
Thursday, July 11 th
from the easterly driveway edge of
Thursday, July 18th
28636 Old Town Front Street
Thursday, July 25th
at Be Good Restaurant to Mercedes Street
12:00 p.m. to 11:00 p.m.

Thursday, June 201h
Thursday, June 27th
Mercedes Street
Thursday, July 11 th
Thursday, July 18th
Third Street to Fourth Street
Thursday, July 25th
12:00 p.m. to 11:00 p.m.

Street closures for the Summer Concert Series are shown on Exhibit "A" attached hereto. 3) 4TH OF JULY PARADE — July 4th
The 4th Of July Parade will be held Thursday, July 4th in Old Town Temecula with street closures scheduled as follows:

Main Street
from the easterly driveway edge of
28636 Old Town Front Street
at Be Good Restaurant to bottom of the "Y" on
Main Street
12:00 p.m. on Wednesday, July 3ra
to
4:00 p.m. on Thursday, July 4th

Second Street
from Mercedes Street extending into and
Thursday, July 4th
including The Stampede parking lot located at
6:00 a.m. to 12:00 p.m.
28721 Old Town Front Street
Sixth Street
Thursday, July 4th
between Old Town Front Street and Mercedes
Street, including the Sixth Street Parking Lot
9:00 a.m. to 12:00 p.m.

Old Town Front Street
Thursday, July 4th
between Santiago Road and First Street
6:00 a.m. to 12:00 p.m.

Old Town Front Street
Thursday, July 4th
between Moreno Road and Third Street
9:00 a.m. to 12:00 p.m.

Mercedes Street
Thursday, July 4th
(closure for northbound traffic only)
9:45 a.m. to 12:00 p.m.

Street closures for the 4th Of July Parade event are shown on Exhibit `B" attached hereto. 4) 4TH OF JULY FIREWORKS SHOW — July 4th
The 4th of July Fireworks Show will take place Thursday, July 4th at the Ronald Reagan Sports Park with street closures scheduled as follows:

Pauba Road
from Margarita Road to Showalter Road
6:00 a.m. on Thursday, July 4th
to
12:00 a.m. on Friday, July 5 to
6:00 a.m. on Thursday, July 4th
Calle Ventura
to
12:00 a.m. on Friday, July 5th
6:00 a.m. on Thursday, July 4th
Calle Camellia
to
12:00 a.m. on Friday, July 5th

6:00 a.m. on Thursday, July 41h
Showalter Road
to
12:00 a.m. on Friday, July 5th
Margarita Road
Thursday, July 4th
between Rancho Vista Road and Pauba Road
7:00 p.m. to 10:00 p.m.

Southern Cross Road
Thursday, July 4th
at Margarita Road
6:00 p.m. to 10:00 p.m.

Rancho Vista Road
(closed for eastbound traffic only)
Thursday, July 4th
between Margarita Road and Mira Loma
8:45 p.m. to 10:00 p.m.

Drive
Street closures for the 4th of July Fireworks Show are shown on Exhibit "C" attached hereto. 5) NATIONAL NIGHT OUT — August 6th
The National Night Out event will be held Tuesday, August 6th in Old Town Temecula with street closures scheduled as follows:

Main Street
from the easterly driveway edge of
Tuesday, August 6th
28636 Old Town Front Street
12:00 p.m. to 10:00 p.m.
at Be Good Restaurant to Mercedes Street
Mercedes Street
Tuesday, August 6th
Third Street to Fourth Street
12:00 p.m. to 10:00 p.m.

Street closures for the National Night Out event are shown on Exhibit "A" attached hereto.

Street closures are allowed by the California Vehicle Code upon approval by the local governing body for certain conditions. Under Vehicle Code Section 21101, "Regulation of Highways," local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing." Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way

and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these events.

FISCAL IMPACT: The costs of police services, as well as services provided by the City Public Works Maintenance Division (for providing, placing and retrieving of necessary warning and advisory devices), are appropriately budgeted within the City's operating budget.

ATTACHMENTS: 1. Exhibit A — Summerfest Road Closures 2024

2. Exhibit B — 4th of July Parade Road Closures

3. Exhibit C — 4th of July Fireworks Show 2024 Road Closures

Exhibit A: Summerfest Road Closures 2024
r
Mercedes St
�A110
Fourth St 4

4. Lw• .
r
RF
r- -
Second St
Summerfest Events s
Temecula Sunset Market
July - November Y f
2nd and 4th Thursday —
Summer Concert Series j`'K�' -_� 73
M-I%.
•;
W 71
..
a�
June -July .�.� -.� ,r.4,� r
.r
. Various Thursdays -1 v.ft��. r r,•;.-- ;., rOldTo
National Night OutAugust 6th, 202428636 Old Town Front St .' n Front

� L
Exhibit B: 4th of July Parade Road Closures 4
F � • ti f��i' 4d rjwi
� ry
rT
_ r CIVIC CENTE14
•
l�
' 4 n
�= l
Road Closure
July 3rd at 12pm to July 4t" at 3pm
Road Closure
a
0 6 AM to 12 PM on July 4t" + '��, _ _
y THE STAMPEDE
Road Closure
9 AM to 12 PM on July 4t" ''� i PARKING LOT
Road Closure �_ +
` Northbound traffic only, 9:45 AM to
tn
12 PM on July 4

Item No. 21

ACTION MINUTES

TEMECULA COMMUNITY SERVICES DISTRICT MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
MAY 28, 2024
CALL TO ORDER at 6:39 PM: President Zak Schwank
ROLL CALL: Alexander, Kalfus, Schwank, Stewart

CSD PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the Board of Directors:
• Hanon Rickard

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

Approved the Staff Recommendation (4-0): Motion by Alexander, Second by Stewart. The vote reflected unanimous approval.

10. Approve Action Minutes of May 14, 2024
Recommendation: That the Board of Directors approve the action minutes of May 14, 2024.

11. Set Public Hearing to Approve TCSD Proposed Rates and Charges for Fiscal Year 2024-25 Recommendation:

That the Board of Directors adopt a resolution entitled:

RESOLUTION NO. CSD 2024-02

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY

OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT

WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR
FISCAL YEAR 2024-25 AND SETTING A TIME AND PLACE FOR

A PUBLIC HEARING IN CONNECTION THEREWITH

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTORS REPORTS

CSD ADJOURNMENT
At 6:45 PM, the Community Services District meeting was formally adjourned to Tuesday, June 11, 2024 at 5:00 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

Zak Schwank, President
ATTEST:

Randi Johl, Secretary
[SEAL]

Item No. 22

TEMECULA COMMUNITY SERVICES DISTRICT

AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Erica Russo, Director of Community Services
DATE: June 11, 2024
SUBJECT: Approve First Amendment with VisionOne, Inc. for Theater Ticketing Software PREPARED BY: Chariss Turner, Community Services Manager RECOMMENDATION: That the Board of Directors approve the first amendment with VisionOne, Inc. for theater ticketing software to extend the term and increase payment in the amount of $80,000 for a total agreement amount of $200,000.

BACKGROUND: Since 2005 VisionOne has been a trusted and reliable vendor for the Theater ticketing software. In 2021 staff renewed the agreement with VisionOne through June 30, 2024. We are now requesting to extend that agreement for two additional years and increase payment in the amount of $80,000 for a total agreement amount of $200,000.

FISCAL IMPACT: Funds are budgeted in the Fiscal Year 2024-2025 Annual Operating Budget. Funds for future fiscal years will be budgeted as part of the normal Annual Operating Budget.

ATTACHMENTS: First Amendment

FIRST AMENDMENT TO AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND VISIONONE, INC.

THEATER TICKETING SOFTWARE AGREEMENT
THIS FIRST AMENDMENT is made and entered into as of June 11, 2024, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and VlslonOne, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows:

1. This Amendment is made with the respect to the following facts and purposes:
a. On July 1, 2021, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services," in the amount of $120,000.00. b. The parties now desire to extend the term of the agreement to June 30, 2026, increase the payment in the amount of $80,000.00, and to amend the Agreement as set forth in this Amendment.

2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows:

This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement.

3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:

The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Eighty Thousand Dollars and No Cents ($80,000.00), for additional years of ticketing software for a total Agreement amount of Two Hundred Thousand Dollars and No Cents ($200,000.00).

4. Section 13 of the Agreement entitled "NOTICES" is hereby amended to read as follows:
"Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day 08/09/2021

following deposit with the document delivery service or United States Mail as provided above.

Malling Address: City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Consultant: VisionOne, Inc.
5260 N. Palm Ave., Ste. 229
Fresno, CA 93704

5. Exhibit "A" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full.

6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08 2o21

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

TEMECULA COMMUNITY SERVICES

DISTRICT
By:

Zak Schwank, TCSD President
ATTEST:

By:

Randl Johl, Secretary
APPROVED AS TO FORM:

By:

Peter M. Thorson, General
Counsel
VISIONONE, INC.
(TWO SignstuM of Corpvrafe of oom raqulrod unt"s corporate documents authorize only one person fo slan the ognswrwnt an bMsff of the corgorvekn)
By:

Edll Herna dez, Senior Vice President
Operations
By:

Brown, Chief Executive Officer

CONSULTANT
VisionOne Inc.
6781 N. Palm Ave. Ste.120
Fresno.

NO-432-8000 phone
City Purchasing Mgr.

Initials and
Date:
0=912021

ATTACHMENT A

EXHIBIT A
Payment Rates and Schedule
See the attached financial proposal from Accesso Showare. 08/09/2021

O
accesso.
accesso Sho Ware
Financial Proposal for
The City of Temecula
Wendi Yanez
Sales Director
(559) 432-7379
wen di. ya n ez@acce s s o. co m

Pricing
Implementation and Start Up Costs
• accesso ShoWare Installation
• One-time accesso ShoWare setup fee
• Up to 10 hours of Graphical Design including One (1) Graphical Design Concept • Seamless integration of accesso ShoWare solution into your existing website • Venue Presentation
• Dynamic site layout
• SSL and Payment Gateway setup
• Monthly Secure Server Certificate
• Domain Name transfer or set up
• Monthly Hosting
GrWED $94WO:-GG
Transaction Fees
The accesso ShoWare model allows the City of Temecula to set its own fees and provide for generous revenue opportunities. The City can create a profit center and completely cover the accesso ShoWare costs with patron paid convenience fees. Net cost is zero. accesso does not dictate the fees to your customers. The City will determine, set and retain all patron fees including, but not limited to convenience fees, facility fees, per order fees and method of delivery fees. All fees may be programmed to show overtly to the customer or simply included in the ticket price.

Fees may be attached uniquely by product and/or by ticket type, so the City may decide to tier its fees based on ticket price or charge flat rate fees. In addition, the City may decide to charge a higher rate on some tickets, lower on others. Whatever is in the best interest of your organization — it's completely within your control.
accesso operates as a traditional vendor and will invoice The City of Temecula on a monthly basis for service chargeable transactions.

Capped at 20% of monthly ticket sales. Anything above will incur standard per ticket fee.

Conficlentlal/Tracle secrets for the express use of The City of Temecula 2

City of Temecula Box Office(s)
Online
Round Up - under $5 Online
$0.00/donation
$0.00/donation
No Charge
MiscellaneOLAS
Membership Sales (New and Renewal)
a ccesso Fee
$2.50/ Membership
$2.50/ Package or Sub
Per ticket fee will apply by channel
Fixed Packages or Subscription Sales
Flex Packages
Streaming Sales at 720p
$0.25 / viewer / hour plus per ticket fee
Streaming Sales at 1080p
$0.50 / viewer / hour plus per ticket fee
Cash Handling Procedures
The accesso ShoWare model allows the City of Temecula to directly control their finances and distribution of funds. This offers great benefits to the City as there is no settlement process with accesso ShoWare, and never any waiting on funds. As an accesso ShoWare client, you own and control your processor relationship — negotiating your own competitive credit card rates and receiving nightly deposits directly to your own bank account.

All funds will be deposited directly to your designated City merchant account. Detailed reporting will allow the City to transfer and/or distribute the funds from the central merchant account as needed. accesso operates as a traditional vendor and will invoice the City on a monthly basis for service chargeable transactions.

Custom Development Approach
The accesso ShoWare system is fully customizable to meet any client needs. The solution is scalable such that additional modules and development items may be implemented productively over time. accesso ShoWare employs a full in-house development team and custom projects are scoped per requirements and quoted for time and costs.

Confidential/Trade secrets for the express use of The City of Temecula 3

Optional Services
The following optional services are available to the City of Temecula.

Call Center Services: provided by accesso
$4.00 per order
$4.00 per order
Fulfillment Fees: provided by accesso
Gift Card Module
Supplied by ValuTec
Integrated Email Marketing Services
Supplied by Emma
Gateway Service: P2PE Encrypted, FreedomPay
Supplied by FreedomPay
Optional Hardware
The following equipment is available to purchase at distributor rates from accesso.

Included Hardware:

Value
Boca Thermal Ticket Printer
$1,242.00 (each)
Wireless Barcode Scanners (21D) — Saveo
$768.00 (each)
w/mobile device
Wireless Barcode Scanners, Pocket (2D) —
$445.00 (each)
Saveo w/ mobile device
Ticket Stock
$12.50 per 1,000 (sold in boxes of 10,000)
Payment Terms
All costs are based on a three-year commitment. Prices are set as of May 151, 2021 and the proposal is valid for 90 days. accesso requires a signed contract and user agreement to be received prior to shipping any hardware or equipment.

Confidential/Trade secrets for the express use of The City of Temecula 4

EXHIBIT A

PRICING FORM
City of Temecula - Old Town Theatre
Calculated CPI based on Contract Start Date
Redurced CPI Increase
7/1/2021
15%
10%
Current Rate
New Rate
Increase
'Pickets
Online
$

1.00 $

1.10 10%
Offline
$

0.20 $

0.22 10%
Memberships
$
_
Online
$

2.50 $

2.75 10%
Offline
$

2.50 $

2.75 10%
.Donations
Online
$
_
$
_
Offline
$
_
$
_
Packages
Online
$

2.50 $

2.75 10%
Offline
$

2.50 $

2.75 10%
Comp Tickets over 20%
$

0.20 $

0.22 10%
;Streaming Services
Online
$

0.25 $

0.28 10%
Offline
$

0.25 $

0.28 10%
{Custom Development Rate
$
200.001
$
220.00
10%

Item No. 23

TEMECULA COMMUNITY SERVICES DISTRICT

AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Erica Russo, Director of Community Services
DATE: June 11, 2024
SUBJECT: Approve First Amendment with Social Work Action Group for Citywide Homeless Outreach Services
PREPARED BY: Lacy Sisler, Principal Management Analyst
RECOMMENDATION: That the Board of Directors approve the first amendment with Social Work Action Group (SWAG) for citywide homeless outreach services to increase payment in the amount of $240,000 for a total agreement amount of $1,716,604.90.

BACKGROUND: This amendment to the agreement between Temecula Community Services District (TCSD) and Social Work Action Group (SWAG) will consolidate two existing agreements between TCSD and SWAG for Citywide Homeless Outreach Services and Bridge Housing.

On April 12, 2022, TCSD entered into an agreement with SWAG for Citywide Homeless Outreach Services in the amount of $447,745, for each fiscal year for a total not to exceed agreement amount of $1,476,604.80 for the total term of the agreement.

On October 1, 2022, TCSD entered into an agreement with SWAG for Community Development Block Grant (FY 2022-2023). SWAG was a subrecipient of CDBG-CV funding and utilized funding to establish The Ranch to provide 6 flexible bridge shelter beds for Temecula residents experiencing homelessness. The term of this agreement ended 11/30/2023 and since then invoices for bridge housing services at The Ranch have been applied to the Homeless Outreach Services agreement under the "crisis stabilization" portion of the scope.

This first amendment to the agreement would increase the agreement by an amount not to exceed $240,000, for the addition of the bridge housing at The Ranch for a total Agreement amount of $1,716,604.80, for the total term of the agreement. This amendment adds Bridge Housing (formerly under crisis stabilization) to the scope of the agreement for Citywide Homeless Outreach Services and increases the total contract amount to reflect the total cost of SWAG's services under one contract.

FISCAL IMPACT: There will be no additional fiscal impact resulting from this amendment as the amount needed is already allocated under the Consulting Services line item.

ATTACHMENTS: First Amendment

FIRST AMENDMENT TO AGREEMENT BETWEEN

TEMECULA COMMUNITY SERVICES DISTRICT AND

SOCIAL WORK ACTION GROUP (SWAG)

CITYWIDE HOMELESS OUTREACH SERVICES
THIS FIRST AMENDMENT is made and entered into as of June 11, 2024, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Social Work Action Group (SWAG), a C Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

This Amendment is made with the respect to the following facts and purposes:
a. On April 22, 2022, the City and Contractor entered into that certain Agreement entitled "Agreement for CITYWIDE HOMELESS OUTREACH SERVICES," in the amount of $$447,456.00, plus contingency in the amount of $44,745.60 each fiscal year for a total of $1,476,604.80 for the total term of the agreement. b. The parties now desire to increase the payment in the amount of $240,000.00, and to amend the Agreement as set forth in this Amendment.

2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:

The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void.

The FIRST Amendment amount shall not exceed Two Hundred Forty Thousand Dollars and No Cents ($240,000.00), for the addition of the bridge housing contribution for a total Agreement amount of One Million Seven Hundred Sixteen Thousand, Six Hundred Four Dollars and Eighty Cents ($1,716,604.80), for the total term of the agreement, unless additional payment is approved as provided in this Agreement.

3. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full.

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

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

TEMECULA COMMUNITY SERVICES SOCIAL WORK ACTION GROUP (SWAG) DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By
Zak Schwank, TCSD President
ATTEST:

By:

Randi Johl, Secretary
APPROVED AS TO FORM:

By:

Monica Sx(piNn, Executive Director
By:

Aaron Petroff, Director of Programs
By:

Peter M. Thorson, General CONTRACTOR
Counsel
Social Work Action Grouo (SWAG
Attn: Monica Sapien
28497 H ig hway 74 B-113
Lake Elsinore, CA 92532
[email protected]
City Purchasing Mgr.

Initials and
Date:
08/09/2021

ATTACHMENT A

EXHIBIT A
Costs for services shall be outlined below, but in no event shall the total cost of services exceed One Million Six Hundred Ninety -Six Thousand, Six Hundred Four Dollars and Eighty Cents ($1,696,604.80) for the total term of the agreement unless additional payment is approved as provided in this Agreement. Attached hereto and incorporated herein as though set forth in full is the updated proposed monthly service expense category.

Updated Proposed Twelve (12) Month Service Agreement
Expense Category
J
FTE
BUDGET
Outreach & Case Management Services
Three 3 Outreach Special ists/Case Managers — 40 hrs./ week

3.0 $
295,634.00
One (1) Outreach Coordinator- 40 hrs./ week

1.0 $
98,545.00
Transportation
$
12,600.00
Bridge Housing
$
110,000.04
Administration (Supervision, software, etc.)
$
40 678.00
Total Proposed Budget
$
557 457.04
08/09/2021

Item No. 24

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 11, 2024
SUBJECT: Adopt Resolution to Approve the Solid Waste and Recycling Rates for Commercial Customers for Fiscal Year 2024-25
PREPARED BY: Julie Tarrant, Principal Management Analyst Rebecca Kiser, Senior Office Specialist
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA TO APPROVE THE SOLID WASTE AND

RECYCLING RATES FOR COMMERCIAL CUSTOMERS FOR
FISCAL YEAR 2024-25
BACKGROUND: On April 23, 2024, the Public Works Department requested the City Council to Set the Public Hearing to Adopt a Resolution to Approve Solid Waste and Recycling Rates for Commercial Customers for Fiscal Year 2024-25. On or before April 26, 2024, the City mailed notices to all affected business and/or commercial customers in the City with regards to the proposed rate increase for refuse collection and recycling services. At this time, the forty-five (45) day public hearing notice has concluded without a majority protest.

In accordance with the Franchise Agreement between the City of Temecula and CR&R Incorporated stipulates the conditions upon which rates may be adjusted on an annual basis. Per the agreement, these rates shall be adjusted each July 1st to reflect the changes in various applicable indices. The commercial rates are due to be adjusted for fiscal year 2024-25, to include a 2.39% increase due to change in CPI, per the Bureau of Labor Statistics for January 2023 through December 2023.

Commercial rates vary based on the bin size and frequency of collection. A comparison of the current and proposed rates is provided in the attached Exhibit A — Proposed Rates effective July 1, 2024.

Staff recommends the City Council adopt the resolution and approve the Solid Waste and Recycling Rates for Commercial Customers, effective July 1, 2024.

FISCAL IMPACT: Solid Waste and Recycling services for Commercial Customers are paid for directly by the property owner or business owner receiving services. No additional costs will be incurred by the City of Temecula.

ATTACHMENTS: 1. Resolution

2. Exhibit A — Proposed Rates effective July 1, 2024

RESOLUTION NO.2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA TO APPROVE THE SOLID WASTE AND

RECYCLING RATES FOR COMMERCIAL CUSTOMERS
FOR FISCAL YEAR 2024-25

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

Section 1. The City Council does find, determine and declare that:
(a) The City of Temecula and CR & R Incorporated entered into an exclusive solid waste Franchise Agreement on May 28, 1991, as amended on August 27,1996, June 24, 1997, July 25, 2000, June 13, 2006, October 27, 2015, November 28, 2017, and September 27, 2022, for the collection, transportation, recycling, composting and disposal of solid waste and construction debris and for providing temporary bin/roll off services in the City. (b) Pursuant to the Franchise Agreement it specifically provides for rate adjustments which may be adjusted on an annual basis, and they shall be adjusted each July I", based on certain criteria, and subject to the Consumer Price Index (CPI), and changes to the County of Riverside landfill tipping fees, and any extraordinary costs which may be as a result of State mandated programs.
(c) According to the Bureau of Labor Statistics for January 2023 through December 2023, the designated CPI has increased by 2.39%. (d) The County of Riverside's Waste Management Department will not adjust their landfill disposal rate for FY 2024-25.
(e) The City Council of the City of Temecula held a duly noticed public hearing on June 11, 2024, on the proposed solid waste and recycling rates for commercial customers for fiscal year 2024-25.
(f) The City Clerk published said notice of the time and place of the hearing pursuant to Government Code Section 6066 in the manner required by law. (g) Each affected commercial customer and commercial property owner in the City of Temecula was mailed notice of the proposed rate increase in the manner provided by law at least forty-five (45) days prior to the public hearing set on June 11, 2024. (h) At the public hearing, the City Council heard and considered any/all public comments, objections, or protests related to the proposed commercial rates. (i) Revenues derived from the proposed commercial rates shall not exceed the funds required to provide the property related service.

(j) Revenues derived from the proposed commercial rates shall not be used for any purpose other than that for which the proposed commercial rates are imposed. (k) The amount of the proposed commercial rates do not exceed the proportional cost of the service attributable to the parcel. (1) The proposed commercial rates are being imposed for a service that is actually used by, or immediately available to, the owner of the properties in question. (m) All legal requirements for the adoption of the maximum rates for commercial solid waste collection, including without limitation, Section 1, Section 6 of Article XIII D of the California Constitution, Assessment And Property -Related Fee Reform, have been fulfilled.

Section 2. The City Council hereby overrules all protests and objections to the proposed commercial rate increases.

Section 3. The City Council hereby approves the maximum rates for commercial solid waste collection set forth on Exhibit A, "City of Temecula — Proposed Rates effective July 1, 2024," attached hereto and incorporated herein by this reference as though set forth in full.

Section 4. The City Clerk shall certify to the passage and adoption of the Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 1 lth day of June, 2024.

ATTEST:

Randi Johl, City Clerk
[SEAL]
James Stewart, Mayor
2 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. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the I Ph day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Exhibit A
City of Temecula
Proposed Rates Effective July 1, 2024
Proposed Rate Current Rate
Commercial. industrial, and multi -family
2 cubic yard refuse bin
1 x week
$
140.51
$
138.15
2 x week
$
279.50
$
274.81
3 x week
$
418.44
$
411.42
4 x week
$
557.41
$
548.05
5 x week
$
696.38
$
684.69
6 x week
$
835.33
$
821.31
7 x week
$
974.31
$
957.96
Compacted 2 Cubic Yard monthly rate:

2.5 x monthly rate
3 cubic yard refuse bin
1 x week
$
160.05
$
157.36
2 x week
$
318.55
$
313.20
3 x week
$
477.09
$
469.08
4 x week
$
635.59
$
624.92
5 x week
$
794.04
$
780.71
6 x week
$
952.55
$
936.56
7 x week
$
1,111.08
$
1,092.43
Compacted 3 Cubic Yard monthly rate:

2.5 x monthly rate
3 cubic yard recycling bin
1 x week
$

69.15 $

67.54 2 x week
$
138.28
$
135.06
3 x week
$
207.42
$
202.58
4 x week
$
276.54
$
270.09
5 x week
$
345.62
$
337.56
6 x week
$
414.79
$
405.12
7 x week
$
483.88
$
472.60
4 cubic yard refuse bin
1 x week
$
179.62
$
176.61
2 x week
$
357.74
$
351.74
3 x week
$
535.84
$
526.85
4 x week
$
713.96
$
701.98
5 x week
$
892.05
$
877.08
6 x week
$
1,070.14
$
1,052.18
7 x week
$
1,248.26
$
1,227.31
Compacted 4 Cubic Yard monthly rate:

2.5 x
monthly rate
4 cubic yard recycling bin
1 x week
$

91.52 $

89.39 2 x week
$
183.12
$
178.85

Page 1 of 4 ends

Proposed Rate
Current Rate
3 x week
$
274.62
$
268.22
4 x week
$
366.18
$
357.64
5 x week
$
457.72
$
447.05
6 x week
$
549.28
$
536.47
7 x week
$
640.78
$
625.84
96-gallon recycling cart
1 x week
$

61.73 $

60.29 Commercial Organic AD Rates
Non-food 2-yard bin
1 x week
$
178.05
$
176.04
2 x week
$
354.84
$
350.85
3 x week
$
531.65
$
525.67
4 x week
$
708.45
$
700.49
5 x week
$
885.27
$
875.33
6 x week
$
1,062.06
$
1,050.13
7 x week
$
1,238.87
$
1,224.96
Food 2-yard bin
1 x week
$
264.74
$
262.73
2 x week
$
528.25
$
524.26
3 x week
$
791.75
$
785.77
4 x week
$
1,055.23
$
1,047.27
5 x week
$
1,318.76
$
1,308.82
6 x week
$
1,582.24
$
1,570.31
7 x week
$
1,845.74
$
1,831.83
Non-food 3-yard bin
1 x week
$
235.03
$
232.72
2 x week
$
468.89
$
464.29
3 x week
$
702.68
$
695.80
4 x week
$
936.51
$
927.35
5 x week
$
1,170.27
$
1,158.82
6 x week
$
1,404.10
$
1,390.37
7 x week
$
1,637.94
$
1,621.92
Non-food 64-gallon cart
1 x week
$

48.67 $

47.91 2 x week
$

97.33 $

95.80 3 x week
$
146.01
$
143.72
4 x week
$
194.66
$
191.61
5 x week
$
243.34
$
239.53
6 x week
$
292.02
$
287.44

Page 2 of 4 ends

Proposed Rate
Current Rate
Extra pickup
$ 35.83
$

35.83 Food 64-gallon cart 1 x week
$ 65.69
$

64.93 2 x week
$ 131.39
$
129.86
3 x week
$ 197.06
$
194.77
4 x week
$ 262.77
$
259.72
5 x week
$ 328.46
$
324.65
6 x week
$ 394.18
$
389.60
Extra pickup
$ 48.21
$

48.21 Commercial Additonal Services:

Commercial Setup Fee
per new account
$

61.45 $

60.02 Commercial Bin Delivery Fee
per container
$

60.82 $

59.40 Commercial Stinger Fee
per bin, per pickup
$

35.34 $

34.52 Locking Bin Fee
per bin, per month
$

30.67 $

29.96 Convert to Locking Bin Fee
$

30.68 $

29.96 E-Waste Pick up:
no charge
no charge
"Hard to service" vehicle usage rate:
no charge
no charge
"Hard to service" bin moving rate:
no charge
no charge
Special bin lids (locking/CBL) rate:
no charge
no charge
Deodorizing / replacing bin rate:
no charge
no charge
Recycle Bin Contamination Fee
per occurrence
$

61.37 $

59.94 Redeliver and reinstatement rate:
per occurrence
$

26.84 $

26.22 Temporary Services
Temporary 3 cubic yard bin
$
141.97
$
139.59
Extra Temporary or Regular Service pick
up per pickup
$

81.14 $

79.78 (Includes all bin sizes 2, 3 and 4 yards)
Re -deliver and re -instatement
$

47.77 $

46.97 Rolloff Services
Rolloff Setup Fee
per new account
$

61.45 $

60.02 Roll -off delivery fee
per rolloff
$

86.15 $

84.70 Roll -off disposal rate
per haul
$
306.80
$
301.65
Roll -off recycling rate
per haul
$
306.80
$
301.65
Roll -off compactor rate
per haul
$
427.16
$
419.99
Rollff False Run Fee
per incident
$

89.70 $

87.61

Page 3 of 4 ends

Proposed Rate Current Rate
MRF Fee
per ton
$

63.51 $

62.03 C&D Fee
per ton
$

63.51 $

62.03 Inert Disposal
per load
$
163.86
$
160.04
AD Fee Per Ton
per ton
$
100.12
$
100.12

Page 4 of 4 ends

Item No. 25

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Matt Peters, Acting Director of Community Development DATE: June 11, 2024
SUBJECT: Adopt Resolution Reconfirming Automatic Annual Fee Adjustment in the Western Riverside County Multiple Species Habitat Conservation Plan Local Development Mitigation Fee
PREPARED BY: Michelle Amezcua, Senior Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA RECONFIRMING THE AUTOMATIC ANNUAL

FEE ADJUSTMENT IN THE WESTERN RIVERSIDE COUNTY

MULTIPLE SPECIES HABITAT CONSERVATION PLAN

LOCAL DEVELOPMENT MITIGATION FEE APPLICABLE TO

ALL DEVELOPMENTS IN THE PLAN AREA PURSUANT TO
TEMECULA MUNICIPAL CODE SECTION 15.10.050.1) AND

MAKING CALIFORNIA ENVIRONMENTAL QUALITY ACT
FINDINGS (LR24-0185)
BACKGROUND:

The City of Temecula ("City") is a member agency of the Western Riverside County Regional Conservation Authority ("RCA"), a joint powers agency comprised of the County of Riverside and the eighteen cities located in western Riverside County.

The member agencies of RCA recognized that a habitat conservation plan is necessary to provide special protections for vegetation communities and natural areas containing habitat values to prevent future endangerment of the plant and animal species impacted by new development in western Riverside County.

To address these issues, the member agencies formulated a plan called the Western Riverside County Multiple Species Habitat Conservation Plan (the "MSHCP") in which a mitigation fee

would be assessed on new development and would be used to fund the implementation of the MSHCP.

In furtherance of the MSHCP, the City adopted Resolution 2021-18 approving and adopting the updated "Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update," dated October 2020.

ANALYSIS:

Chapter 15.10 of the Temecula Municipal Code, the "Western Riverside County Multiple Species Habitat Conservation Plan Mitigation Fee Ordinance," authorizes the City Council to impose the Local Development Mitigation Fee upon new development.

Section 15.10.050.A. of the Temecula Municipal Code authorizes the City to adopt an applicable Local Development Mitigation Fee schedule by resolution. On April 15, 2021, the City Council adopted Resolution No. 2021-18 that approved the MSHCP Local Development Mitigation Fee.

Section 15.10.050.D of the Temecula Municipal Code provides for an Automatic Annual Fee Adjustment in accordance with the RCA's MSHCP Implementing Agreement:
"D. Automatic annual fee adjustment. In addition to the periodic fee adjustment mentioned above, the RCA shall provide the city with an automatic annual fee adjustment for the local development mitigation fee established by this chapter as set forth in the MSHCP Mitigation Fee Implementation Manual." Additionally, Section 8 of Resolution No. 2021-18 also provides for an Automatic Annual Fee Adjustment in accordance with the RCA's MSHCP Implementing Agreement:
"Section 8. In addition to the Periodic Fee Adjustment mentioned above, the RCA shall provide the City with an automatic annual fee adjustment for the Local Development Mitigation Fee established by this Resolution as set forth in the MSHCP Mitigation Fee Implementation Manual adopted pursuant to the Local Development Mitigation Fee Ordinance."
Pursuant to Section 15.10.050 of the Temecula Municipal Code, Section 8 of Resolution No. 2021- 18, RCA's MSHCP Mitigation Fee Implementation Manual and past practice, the MSHCP Local Development Mitigation Fee adjusts annually by the change in the Consumer Price Index (CPI).

RCA has determined that based on the CPI increase for Riverside — San Bernardino — Ontario, CA, that the MSHCP fees will increase 2.878% effective July 1, 2024. RCA has provided the City with revised MSHCP fees as provided in Section 3 of the proposed Resolution.

The fees collected pursuant to the MSHCP Local Development Mitigation Fee shall be used to finance the public facilities described or identified in the 2020 Nexus Study.

AUTOMATIC MSCHP FEE ADJUSTMENT:

For the period of July 1, 2024, to June 30, 2025, the MSHCP Local Development Mitigation Fee shall be increased by the CPI, 2.878%, as follows:

WESTERN RIVERSIDE COUNTY

MULTIPLE SPECIES HABITAT CONSERVATION PLAN
LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE FOR FISCAL YEAR 2025 (EFFECTIVE JULY 1, 2024, TO JUNE 30, 2025)
Fee Category Fee
Residential, density less than 8.0 dwelling units per acre (fee per dwelling unit) $4,358
Residential, density between 8.0 and 14.0 dwelling units per acre (fee per dwelling unit)
$1,817
Residential density greater than 14.0 dwelling units per acre (fee per dwelling unit)
$803
Commercial (fee per acre)
$19,615
Industrial (fee per acre)
$19,615
In the event the proposed Resolution and Resolution No. 2021-18 are not further amended by July 1, 2024, the Local Development Mitigation Fee shall be the fee described in Section 5 of Resolution No. 2021-18."
FISCAL IMPACT:

There will be a 2.878% increase in the MSHCP Local Development Mitigation Fees to be paid by new development. The MSHCP fees the City collects are pass -through payments. The City collects the payment at the time of Building permit issuance and then passes through those payments to RCA, on or before the 30th day of the month following the date the fee payment was received.

ENVIRONMENTAL DETERMINATION:

Staff has determined that the Local Development Mitigation Fee adopted by this Resolution is not subject to the requirements of CEQA and the City's CEQA Guidelines pursuant to Section 21080(b)(8) of the California Public Resources Code and Section 15273 of the CEQA Guidelines because CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of (a) meeting operating expenses, including employee wage rates and fringe

benefits or (b) obtaining funds for capital projects necessary to maintain service within existing service areas.

Staff has also determined, on a separate and independent basis, the Local Development Mitigation Fee adopted by this Resolution is not subject to the requirements of CEQA and the City's CEQA Guidelines pursuant to Section 15378(b)(4) of the State CEQA Guidelines because the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, is not a "project" for purposes of CEQA.

Finally, on a separate and independent basis, the Local Development Mitigation Fee adopted by this Resolution is not subject to the requirements of CEQA and the City's CEQA Guidelines because it implements the Fee as adopted by Resolution No. 2021-18.

ATTACHMENTS: 1. Resolution

2. WRCRCA Notice of Implementation Fee Letter FY 2024-25

3. Local Development Mitigation Fee Schedule FY 2024-25

4. Notice of Public Hearing

RESOLUTION NO.2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA RECONFIRMING THE AUTOMATIC

ANNUAL FEE ADJUSTMENT IN THE WESTERN

RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT

CONSERVATION PLAN LOCAL DEVELOPMENT

MITIGATION FEE APPLICABLE TO ALL

DEVELOPMENTS IN THE PLAN AREA PURSUANT TO
TEMECULA MUNICIPAL CODE SECTION 15.10.050.D

AND MAKING CALIFORNIA ENVIRONMENTAL
QUALITY ACT FINDINGS (LR24-0185)

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

Section 1. Recitals.
(a) The City of Temecula ("City") is a member agency of the Western Riverside County Regional Conservation Authority ("RCA"), a joint powers agency comprised of the County of Riverside and the eighteen cities located in western Riverside County. (b) The member agencies of RCA recognized that a habitat conservation plan is necessary to provide special protections for vegetation communities and natural areas containing habitat values to prevent future endangerment of the plant and animal species impacted by new development in western Riverside County.
(c) In order to address these issues, the member agencies formulated a plan called the Western Riverside County Multiple Species Habitat Conservation Plan (the "MSHCP") whereby a mitigation fee would be assessed on new development and would be used to fund the implementation of the MSHCP.
(d) In furtherance of the MSHCP, the City adopted Resolution 2021-18 approving and adopting the updated "Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update," dated October 2020. (e) Chapter 15.10 of the Temecula Municipal Code, the "Western Riverside County Multiple Species Habitat Conservation Plan Mitigation Fee Ordinance," was adopted pursuant to California Government Code Sections 66000 et seq. and authorizes the City Council to impose the Local Development Mitigation Fee upon new development. (f) Section 15.10.050.A. of the Temecula Municipal Code authorizes the City to adopt an applicable Local Development Mitigation Fee schedule by resolution. (g) Resolution No. 2021-18 adopted the MSHCP Local Development Mitigation Fee.

(h) Section 15.10.050.1) of the Temecula Municipal Code provides for an Automatic Annual Fee Adjustment in accordance with the RCA's MSHCP Implementing Agreement:
"D. Automatic annual fee adjustment. In addition to the periodic fee adjustment mentioned above, the RCA shall provide the city with an automatic annual fee adjustment for the local development mitigation fee established by this chapter as set forth in the MSHCP Mitigation Fee Implementation Manual." (i) Additionally, Section 8 of Resolution No. 2021-18 provides for an Automatic Annual Fee Adjustment in accordance with the RCA's MSHCP Implementing Agreement:
"Section 8. In addition to the Periodic Fee Adjustment mentioned above, the RCA shall provide the City with an automatic annual fee adjustment for the Local Development Mitigation Fee established by this Resolution as set forth in the MSHCP Mitigation Fee Implementation Manual adopted pursuant to the Local Development Mitigation Fee Ordinance."
0) Pursuant to Section 15.10.050 of the Temecula Municipal Code, Section 8 of Resolution No. 2021-18, RCA's MSHCP Mitigation Fee Implementation Manual and past practice, the MSHCP Local Development Mitigation Fee adjusts annually by the change in the Consumer Price Index (CPI). RCA has determined that based on the CPI increase for Riverside — San Bernardino — Ontario, CA, that the MSHCP fees will increase 2.878% effective July 1, 2024.

RCA has provided the City with revised MSHCP fees as provided in Section 3. (k) The fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the 2020 Nexus Study. The MSHCP fees the City collects are pass -through payments. The City collects the payment at time of Building permit issuance and then passes through those payments to RCA, on or before the 30th day of the month following the date the fee payment was received.

Section 2. California Environmental Quality Act Findings. The City Council of the City of Temecula does hereby make the following environmental findings and determinations in connection with the adoption of the Local Development Mitigation Fee:
(a) The Local Development Mitigation Fee adopted by this Resolution is not subject to the requirements of CEQA and the City's CEQA Guidelines pursuant to Section 21080(b)(8) of the California Public Resources Code and Section 15273 of the CEQA Guidelines because CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of (a) meeting operating expenses, including employee wage rates and fringe benefits or (b) obtaining funds for capital projects necessary to maintain service within existing service areas.
(b) Further, on a separate and independent basis, the Local Development Mitigation Fee adopted by this Resolution is not subject to the requirements of CEQA and the City's CEQA Guidelines pursuant to Section 15378(b)(4) of the State CEQA Guidelines because

the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, is not a "project" for purposes of CEQA. (c) Further, on a separate and independent basis, the Local Development Mitigation Fee adopted by this Resolution is not subject to the requirements of CEQA and the City's CEQA Guidelines because it implements the Fee as adopted by Resolution No. 2021-18.

Section 3. Adoption of Adiusted Local Development Mitigation Fee. Based on the foregoing, the City Council of the City of Temecula does hereby amend Section 5 of Resolution No. 2021-18 to read as follows:
"A. For the period of July 1, 2024 to June 30, 2025, the Local Development Mitigation Fee shall be as follows:

WESTERN RIVERSIDE COUNTY

MULTIPLE SPECIES HABITAT CONSERVATION PLAN
LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE FOR FISCAL YEAR 2025 (EFFECTIVE JULY 1, 2024, TO JUNE 30, 2025)
Fee Category
Residential, density less than 8.0 dwelling units per acre (fee per dwelling unit) $4,358
Residential, density between 8.0 and 14.0 dwelling units per acre (fee per dwelling unit)
$1,817
Residential density greater than 14.0 dwelling units per acre (fee per dwelling unit)
$803
Commercial (fee per acre)
$19,615
Industrial (fee per acre)
$19,615
"B. In the event this Resolution and Resolution No. 2021-18 are not further amended by July 1, 2025, the Local Development Mitigation Fee shall be the fee set forth in Section 5 of Resolution No. 2021-18."
Section 4. Effective Date of the Adjusted Local Development Mitigation Fee. The adjusted Local Development Mitigation Fee established by Section 3 of this Resolution shall be effective on July 1, 2024.

Section 5. Effect on Resolution No. 2021-18. Except as provided in Section 3 of this Resolution, all other terms and provisions of Resolution No. 2021-18 shall remain in full force and effect.

Section 6. Severability. This Resolution and the various parts, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, or clause of this Resolution, or its application to any person entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section, or clause of this Resolution, or person or entity; and shall not affect or impair any of the remaining provision, parts, sentences, paragraphs, sections, or clauses of this Resolution, or its application to other persons or entities. The City Council hereby declares that this Resolution would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section, or clause of this Resolution not been included herein; or had such person or entity been expressly exempted from the application of this Resolution. If the fees collected for the conservation of the land, including the monitoring and management thereof, are later adjudged by a final unappealable judgment of a court of competent jurisdiction to be unconstitutional or invalid, the prior Local Development Mitigation Fee adopted pursuant to Resolution No. 2021-18 shall each be revived and shall continue for the life of the MSHCP until modified by resolution of the City Council.

Section 7. Certification. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 1 lth day of June, 2024.

ATTEST:

Randi Johl, City Clerk
[SEAL]
James Stewart, Mayor
4 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. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 1 Ith day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

twRegional
onservation
uthority
tern Riverside County
April 1, 2024
Luke Watson
City of Temecula
41000 Main Street
Temecula, CA 92589
4080 Lemon St. 3rd FI. Riverside, CA 92502
Mailing Address: P.O. Box 12008 Riverside, CA 92502-2208 951.787.7141 • wrc-rca.org
RE: NOTICE TO IMPLEMENT THE MSHCP LOCAL DEVELOPMENT MITIGATION FEE CPI ADJUSTMENT FOR FISCAL YEAR 2025
Dear Commuunity Development Director:

In accordance with the MSHCP Mitigation Fee Implementation Manual and past practice, the MSHCP Local Development Mitigation Fee (LDMF) adjusts annually by the change in the Consumer Price Index (CPI). Fee ordinances and resolutions adopted by the County of Riverside and cities pursuant to the MSHCP Implementing Agreement reflect this requirement. Based on the CPI increase for Riverside — San Bernardino — Ontario, CA, MSHCP fees will increase 2.878% effective July 1, 2024.

Member Agencies are required to implement the automatic CPI adjustment, effective July 1, 2024, and begin collecting fees at the Fiscal Year 2025 rates, as outlined in the attached.

Outreach efforts to ensure local development mitigation fees are properly assessed include, but are not limited to, the following:
• Updated fee forms are provided electronically to the Finance/Community Development/Planning Departments and posted to the RCA website at https://www.wrc-rca.org/document-library/­ ` • Notification of the fee adjustment is posted the RCA website http://www.wrc- rca.org/development-applications/permits-and-fees/ for public awareness. ■ Updated MSHCP Mitigation Fee Implementation Manual is posted to the RCA website at htti2s:// www.wrc-rca.org/document-library/
• MSHCP Mitigation Fee Implementation Manual FAQ and Accessory Dwelling Unit and Renovations (Additions) Decision Map are posted to the RCA website at https:/Iwww,wrc-rca.org/document- library/
• RCA staff have developed LDMF fee training that is available to Member Agencies. Staff will be reaching out soon to begin scheduling training for those Member Agencies which are interested.

Planning Directors
April 1, 2024

Page 2 ends

If you have any questions or need additional information, please feel free to contact Jennifer Fuller, Financial Administration Manager, at (951) 787-7141.

Sincerely,
Anne Mayer
Executive Director
Attachment
cc: James Stewart, RCA Board Member
Aaron Adams, City Manager
Jennifer Hennessy, Finance Director

Regional 4080 Lemon St. 3rd FI. Riverside, CA 92501
conservation Mailing Address: P.O. Box 12008 Riverside, CA 92502-2208 Authority 951.787.7141 o wrc-rca.org
Western Riverside County

WESTERN RIVERSIDE COUNTY

MULTIPLE SPECIES HABITAT CONSERVATION PLAN

LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE FOR
Fee Category
FISCAL YEAR 2025
(Effective July 1, 2024 - June 30, 2025)
Fee
Residential, density less than 8.0 dwelling units per acre (fee per dwelling unit)
$4,358
Residential, density between 8.0 and 14.0 dwelling units per acre (fee per dwelling unit)
$1,817
Residential, density greater than 14.0 dwelling units per acre (fee per dwelling unit)
$803
Commercial (fee per acre)
$19,615
Industrial (fee per acre)
$19,615

Notice of Public Hearing

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

Case No.: Long Range Planning Project No. LR24-0185, Multi Species Habitat Conservation Plan Fee Update Applicant: City of Temecula Location: Citywide
PROPOSAL: Adopt a Resolution reconfirming the automatic annual fee adjustment in the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Local Development Mitigation Fee applicable to all developments in the plan area pursuant to Temecula Municipal Code Section 15.10.050.d.

ENVIRONMENTAL ACTION: In accordance with the California Environmental Quality Act ("CEQA"), staff has determined that the resolution is exempt from the requirements of CEQA pursuant to Section 21080 (b)(8) of the Public Resources Code and Sections 15273 and 15378(b)(4) of the State CEQA Guidelines and that there is no possibility that adoption of the resolution would have a significant impact on the environment.

PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: June 11, 2024
TIME OF HEARING: 6:00 PM or as soon thereafter as the matter may be heard.

Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing.

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

The proposed project application may be viewed at the public information counter, Temecula Civic Center, Community Development Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project may be addressed to Michelle Amezcua, City of Temecula Community Development Department, (951) 506-5189.

AVAILABILITY OF MATERIALS RELATED TO THE PROPOSED ORDINANCE AND RESOLUTION.

Pursuant to Government Code sections 66016, 66017, and 66018, the City will: (a) make available to the public, at least ten (10) days prior to its public hearing, data indicating the estimated cost required to provide the facilities and infrastructure for which these development fees are levied and the revenue sources anticipated to provide those facilities and infrastructure; (b) mail notice at least fourteen (14) days prior to this meeting to all interested parties that have requested notice of new or increased development fees. This data is included in the 2020 Nexus Study and the proposed resolution that will be posted on the City's website at www.TemeculaCA.gov , not less than ten (10 days) prior to the public hearing.

If you would like further information about the proposed MSHCP Fee Resolution, please contact Matt Peters, Acting Community Development Director at (951) 694-6408.

JUDICIAL REVIEW.

Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, 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.

Item No. 26

CITY OF TEMECULA

AGENDA REPORT
TO: City Council
FROM: Aaron Adams, City Manager
DATE: June 11, 2024
SUBJECT: City Council Travel/Conference Report
PREPARED BY: Luisa Tovar, Executive Assistant
RECOMMENDATION: That the City Council receive and file report.

On May 19, 20 and 21, 2024, Mayor James Stewart traveled to Las Vegas, NV to attend the International Council of Shopping Centers Conference (ICSC).

ATTACHMENTS: Itinerary

ICSC LAS VEGAS
Schedule
Sunday May 19, 2024
8:00 am - 2:00 pm
ICSC & UNC Retail Real Estate Case Competition
Wynn Hotel - Mouton
Presentation Rooms 1-2 • Wynn Hotel - Montrachet 1-2
8:00 am - 5:00 pm
Badge Pickup & Registration
LVCC - Grand Lobby
8:00 am - 5:00 pm
Badge Pickup & Registration
LVCC - Lower South Hall
8:00 am - 5:00 pm
Badge Pickup Only
Harry Reid International Airport - T1 & T3
Terminal 1 (Central Baggage Claim across from Starbucks) Termi... 8:00 am - 7:30 pm
Badge Pickup & Registration
Wynn Hotel - Latour Ballroom
10:00 am - 12:00 pm
Volunteer Leadership Appreciation Brunch With Trustees' Distinguished Service Awards
Wynn Hotel - Margaux
By Invitation Only
12:00 pm -1:00 pm
Volunteer Leadership Briefing
Wynn Hotel - Palmer
By Invitation Only
1:00 pm - 2:00 pm
Community Advancement Volunteer Leadership Meeting
Wynn Hotel - Lafleur 2
By Invitation Only
1:00 pm - 2:00 pm
Professional Development Workshop: Capital Stack Management - Raising Funds in a Tight Market
Wynn Hotel - Lafite 1-2
From restructuring debt to exploring new funding sources, including tax incentives and tokenization, gain practical insi...
1:00 pm - 2:00 pm

Professional Development Workshop: Navigating SEO - Strategies for Boosting Online Visibility and Traffic
Wynn Hotel - Lafite 6,8
Join this session on navigating the complexities of search engine optimization (SEO) to enhance online exposure and driv...
1:00pm-2:00pm
Professional Development Workshop: Practical Industry Applications to Leverage Artificial Intelligence (AI)
Wynn Hotel - Lafite 4,7,9
From predictive analytics to AI -driven tenant profiling for optimal leasing strategies, attendees will discover how Al t...
1:00pm-2:00pm
Professional Development Workshop: So You Want to Renew? - Lease Negotiation Insights for Landlords and Tenants
Wynn Hotel - Lafite 5
Join experienced experts who will share proven strategies and negotiation techniques for maximizing the value for both I...
2:15pm-3:15pm
Professional Development Workshop: Dealmaking Masterclass - Creative Leasing Approaches
Wynn Hotel - Lafite 5
Join this session to gain insight into what it takes to get a deal done in today's ever -changing market. We'll address...
2:15pm-3:15pm
Professional Development Workshop: Marketing Impact - Driving Conversion Through Compelling Content
Wynn Hotel - Lafite 6,8
Join...
2:15pm-3:15pm
Professional Development Workshop: Maximizing ICSC LAS VEGAS - Practical Tips for Today and the Future (Students Only)
Wynn Hotel - Latour 6
Join industry and HR professionals to gain actionable tips tailored for your ICSC LAS VEGAS experience, with insights se...
2:15pm-3:15pm
Professional Development Workshop: Retrospectives & Perspectives - A Conversation With Industry Veterans
Wynn Hotel - Lafite 4,7,9
Join this panel of longstanding ICSC members offering valuable insights from the past and look into the future of the re...
2:15pm-3:15pm
Professional Development Workshop: The Retail Fit Out - Strategies for Navigating Store Design
Wynn Hotel - Lafite 1-2
Join this session to hear from industry experts as they share their approaches to creating compelling retail store inter...
3:30pm-4:15pm
Professional Development Workshop: Evolving Retail Landscapes - Adapting to Changing Demographics in CRE Developments
Wynn Hotel - Lafite 6,8
As population demographics continue to evolve, retail environments must also transform. This panel will delve into the m...

3:30pm-4:15pm
Professional Development Workshop: Experience Centers - How to Monetize Engagement From Design to Transformation
Wynn Hotel - Lafite 4,7,9
Join this session to discover groundbreaking strategies and best practices that will elevate your shopping center into a...
3:30 pm - 4:15 pm
Professional Development Workshop: Public -Private Partnerships -11 Things Developers and City Planners Wish Each Other Knew
Wynn Hotel - Lafite 1-2
This session is dedicated to uncovering the insights and mutual expectations that, if addressed, can significantly enhan...
3:30 pm - 4:15 pm
Professional Development Workshop: Repositioning a Troubled Asset - Transforming Underperforming Centers
Wynn Hotel - Lafite 5
Discover innovative strategies from seasoned professionals as they share real -life examples of how they have transformed...
4:00pm-5:00pm
ICSC Foundation Reception: Celebrating the Talent Incubator Project Wynn Hotel - Bollinger
By Invitation Only
4:30pm-5:15pm
Keynote Presentation: Nick Saban
Wynn Hotel - Cristal 1-4
Hear exciting new perspectives from Nick Saban, a man of vision who has a proven record of championship successes. Get i...
5:30 pm - 7:30 pm
Opening Reception
Wynn Hotel - Event Pavilion & Garden
6:15pm-8:00pm
ICSC Global Awards Ceremony
Wynn Hotel - Margaux
Join ICSC in recognizing achievements for professional excellence in the Marketplaces Industry. The awards ceremony is c...

ICSC LAS VEGAS
Schedule
Monday May 20, 2024
6:30 am - 5:00 pm
Badge Pickup & Registration
LVCC - Grand Lobby
6:30 am - 5:00 pm
Badge Pickup & Registration
LVCC - Lower South Hall
7:15 am - 8:30 am
Women's Forum & Breakfast in Partnership with CREW
LVCC - N109-110
Women Dealmakers: Empowering Women to Do Business Their Way... 7:30 am - 8:30 am
Advancing Retail in Communities Breakfast
LVCC - N711-112
Building Retail Bridges: How Cities Can Align With National Retailers for Economic Development...
8:00 am - 12:00 pm
Badge Pickup Only
Harry Reid International Airport - T1 & T3
Terminal 1 (Central Baggage Claim across from Starbucks) ... 8:00am-5:00pm
Exhibit Hall Open
LVCC - Central & South Halls
8:30 am - 4:00 pm
ICSC Student Member Lounge
LVCC - N101
For Student Members Only
9:00 am - 10:00 am
ICSC Foundation Scholars Breakfast
LVCC - N115-116
By Invitation Only
10:00 am - 10:30 am
General Session: The Marketplaces Industry - Innovative Perspectives to Transformative Insights
LVCC - ICSC Brand Activation: Central Hall, C5
Join this session to discover the latest trends shaping the Marketplaces Industry. MODERATOR Naveen Jaggi,...
10:00 am - 11:00 am

Career Insights: AMA With Industry Professionals
LVCC - N117
Students Only Unlock the...
10:30 am - 11:00 am
Sponsored Content Session: Buildout
LVCC - DINE. PLAY. GATHER.: Lower South Hall
This is a paid sponsored content session....
10:45 am - 11:15 am
General Session: Deal or No Deal - Key Considerations for Future Investing LVCC - ICSC Brand Activation: Central Hall, C5
From analyzing market dynamics to understanding consumer demands, experts will provide valuable insights to guide your s...
11:00 am - 12:00 pm
Student Speed Networking: Session 1
LVCC - N119-120
Pre -Registration Required
11:15 am - 11:45 am
Sponsored Content Session: Korem — Maximizing Retail & Real Estate Success Using Location Intelligence
LVCC - DINE. PLAY. GATHER.: Lower South Hall
This is a paid sponsored content session....
11:30 am - 12:00 pm
Sponsored Content Session: Esri — Location -Smart Al Assistants - The Power Brokers Secret Weapon
LVCC - ICSC Brand Activation: Central Hall, C5
This is a paid sponsored session....
12:30 pm -1:30 pm
Student Lunch — Meet the Retailers
LVCC - N115-116
Pre -Registration Required
1:00 pm - 1:30 pm
General Session: Transforming Tradition - Reimagining Mall Design to Meet Consumers' Needs
LVCC - ICSC Brand Activation: Central Hall, C5
Join our experts as they explore the dynamic intersection of design, technology and consumer behavior, offering strategi...
1:15 pm -1:45 pm
Sponsored Content Session: EVPassport — EV Charging and the CRE of Tomorrow
LVCC - DINE. PLAY. GATHER.: Lower South Hall
SPEAKERSSam Sockwell, Senior Managing Director, Global EV Solutions, CBREHooman Shahidi, Co -Founder & CEO, EVPASSPORTAbo...
1:45 pm - 2:15 pm
General Session: Breaking Ground Series - Women -Led Retail Concepts Transforming Shopping Spaces and Places
LVCC - ICSC Brand Activation: Central Hall, C5
Join us for an engaging conversation with a women -owned retail brand as they unveil their journey to brick -and -mortar su...
2:00 pm - 3:00 pm
Student Speed Networking: Session 2
LVCC - N119-120

Pre -Registration Required
2:00 pm - 5:00 pm
ICSC & UNC Retail Real Estate Case Competition — Final Round LVCC - N117
2:30 pm - 3:00 pm
General Session: Urban and Suburban Renewal Strategies - Lessons From Successful Revitalization Projects
LVCC - ICSC Brand Activation: Central Hall, C5
Whether your city seeks to revitalize a historic downtown or redevelop a suburban shopping area, this session will provi...
2:45 pm - 3:15 pm
Sponsored Content Session: Esri — Location -Smart Al Assistants - The Power Brokers Secret Weapon
LVCC - DINE. PLAY. GATHER.: Lower South Hall
This is a paid sponsored session. AI is evolving fast and becoming commonly used within the industry's leading practit...
3:15 pm - 3:45 pm
General Session: The Office - The Effect of Flexible Work Models on Foot Traffic LVCC - ICSC Brand Activation: Central Hall, C5
Join this session to discover how the rise of remote and hybrid work schedules has reshaped consumer behavior and occupa...
3:30 pm - 4:00 pm
Sponsored Content Session: Metropolis — The Future of Parking: Driving NOI with Al
LVCC - DINE. PLAY. GATHER.: Lower South Hall
This is a paid sponsored content session....
4:00 pm - 4:30 pm
General Session: Retailtainment Concepts - An Experience Worth Shopping LVCC - ICSC Brand Activation: Central Hall, C5
Join this session to uncover the market dynamics fueling the surge of experiential retail concepts in the Marketplaces I...
4:15 pm - 4:45 pm
Sponsored Content Session: Ariadne — Why Accurate Data for EVERY Visitor Journey Matters
LVCC - DINE. PLAY. GATHER.: Lower South Hall
This is a paid sponsored content session.
5:00 pm - 6:30 pm
ICSC Next Generation Leadership Network and Volunteer Leaders Reception Wynn Hotel - Montrachet
By Invitation Only
5:30 pm - 7:00 pm
ICSC Diversity Reception
Wynn Hotel - Margaux
6:30 pm - 7:30 pm
ICSC Foundation Student Member Reception
Wynn Hotel - Lafleur
University Faculty and Administrators Welcome

ICSC LAS VEGAS
Schedule
Tuesday May 21, 2024
7:00 am -12:00 pm
Badge Pickup & Registration
LVCC - Lower South Hall
7:00am-3:00pm
Badge Pickup & Registration
LVCC - Grand Lobby
8:00am-3:00pm
Exhibit Hall Open
LVCC - Central & South Halls
10:00am-10:30am
General Session: The Social Shopper - Influencer Marketing's Impact on Consumer Buying Habits
LVCC - ICSC Brand Activation: Central Hall, C5
From understanding the psychology behind influencer endorsements to dissecting successful campaigns, this session will u...
10:45 am - 11:15 am
General Session: Shifting Store Formats - The Impact on Tenant Mixes, Leases and Portfolios
LVCC - ICSC Brand Activation: Central Hall, C5
Hear industry leaders examine how retailers have evolved their store formats and physical store footprints. They'll addr...
11:30am-12:00pm
General Session: Tech -Driven Retail Experiences - From Augmented Reality to Contactless Payments
LVCC - ICSC Brand Activation: Central Hall, C5
Join this session to discover the innovations that are revolutionizing the shopping experience and how they impact retai...

REQUESTS TO SPEAK

Public Comment: Non -Agenda Item: zl
Item Description or Item No.

REQUEST TO SPEAK

CITY OF TEMECULA
Agenda Item:

Date:

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

Phone Number
Address
Email address:

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

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

All information provided is optional.

Public Comment. Non -Agenda Item: X
Item Description or Item No.

REQUEST TO SPEAK

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

Name: nw 16,5a Y )GV . Y/KJ6Y\� �� Phone Number:

Address:

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

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

All information provided is optional.

Public Comment

REQUEST TO SPEAK

CITY OF TEMECULA
Non -Agenda Item: V Agenda Item: ❑
Item Description or Item No.

Date:

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

Address
Email address:

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

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

All information provided is optional.

Public Comment: Non -Agenda Item: k
Item Description or Item No.

REQUEST TO SPEAK

CITY OF TEMECULA
Agenda Item:

CCAAVAUWA t
Date: Lt- I i I
"<'WMcry M&�;�'Ct ma-th
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk rior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.

Name: T �.Q IA rbf'9l( f/i y-/xyN Phone Number:

Address:

Email address:

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

All information provided is optional.

Public Comment: Non -Agenda Item: 1-1
Item Description or Item No.

REQUEST TO SPEAK

CITY OF TEMECULA
Agenda Item: .

Date: (.� '�—
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the reco,,rd.^n � ,,.,/�
Name: LWV-e �1 �Y��r r t Phone Number.

Address
Email address:

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

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

All information provided is optional.

Public Comment: Non -Agenda Item: El
Item Description or Item No. o�':;

REQUEST TO SPEAK

CITY OF TEMECULA
Agenda Item: FV
Date:

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

Name: 1 T ` o5�;a r'-o w7y\ V-kat Phone Number
Address:

Email address:

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

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

All information provided is optional.

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