Agenda — Temecula City Council, April 8, 2025 (part 2 of 2)

Final FIR revisions will be included in an errata section and no revisions will be made to the existing response to comments section unless the comments/responses are related to the Behavioral Health Hospital. Updated figures and technical appendices will be included in the Final FIR. This scope of work assumes two rounds of review with the city of Temecula. Ascent will be responsible for preparing the Notice of Determination and posting the Final EIR/notice on the CEQAnet web portal. The City of Temecula will be responsible for updating the CEQA findings, and payment of the California Department of Fish and Wildlife (CDFW) and County Clerk filing fees.

The Final FIR will be provided electronically to each commentor a minimum of 10 days prior to the Planning Commission hearing. This scope of work includes 4 meetings with the city/applicant and attendance at one Planning Commission and one City Council hearing.

Cost
The proposed scope of work will be completed for $20.500 and will be invoiced on a time and material basis, summarized as follows:
- Revised Final FIR: $12,500
- Updated VMT Analysis: $ 3,500
- CEQA Notices/Portal $ 1,500
- Meetings (4) $ 2,500
- Public Hearings (2) $ 500
Total: $20.500
Ascent looks forward to continuing to provide planning and environmental support to the City of Temecula on the Temecula Valley Hospital master plan project CEQA documentation. Please contact the undersigned at your convenience should you have any questions.

Sincerely,
Eric J. Ruby
Principal
Project File: 20210169.03
M

Item No. 9

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Ron Moreno, Director of Public Works/City Engineer DATE: April 8, 2025
SUBJECT: Accept Improvements and File the Notice of Completion for Traffic Signal - System Upgrade (Protected/Permissive Signal Heads) Project, PW 19-09 PREPARED BY: Nick Minicilli, Senior Civil Engineer
Erick Escobedo, Associate Civil Engineer
RECOMMENDATION: That the City Council:

1. Accept the improvements for Traffic Signal - System Upgrade (Protected/Permissive Signal Heads) Project, PW19-09, 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 July 25, 2023, the City Council awarded a construction contract to Select Electric, Inc., in the amount of $497,500, and authorized the City Manager to approve construction contract change orders up to $49,750, for the Traffic Signal- System Upgrade (Protected/Permissive) Project, PW 19-09.

The Traffic Signal- System Upgrade (Protected/Permissive Signal Heads) Project provided protected/permissive traffic signal operations at three signalized intersections. The project installed new vehicle heads, signal poles, mast arms, relocated existing equipment, and modified intersection striping. The project modified the three signalized intersections below:
➢ Margarita Road/Verdes Lane
➢ Redhawk Parkway/Paseo Parallon-Overland Trail
➢ Winchester Road/Enterprise Circle

Select Electric, Inc. has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one year from June 10, 2024, the date the City obtained "beneficial use" of the Project. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107.

The base contract amount of the construction contract was $497,500, four construction contract change orders were issued totaling $51,496.49. A net reduction of $2,382.72 was realized based on a balancing of actual contract item quantities. This resulted in a total construction cost of $546,613.77.

FISCAL IMPACT: There is no fiscal impact associated with accepting the Project and filing 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 Select Electric, Inc., 2790 Business Park Dr, Vista, CA 92081 to perform the following work of improvement:

TRAFFIC SIGNAL- SYSTEM UPGRADE (PROTECTED/PERMISSIVE SIGNAL HEADS) Project No. PW19-09
FEDERAL PROJECT NO. HSIPL-5459(028)

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 April 8, 2025. That upon said contract the Fidelity and Deposit Company of Maryland was surety for the bond given by the said company as required by law.

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

TRAFFIC SIGNAL- SYSTEM UPGRADE (PROTECTED/PERMISSIVE SIGNAL HEADS) Project No. PW19-00
FEDERAL PROJECT NO. HSIPL-5459(028)

6. The location of said property is: Signalized intersections of Margrita Road/Verdes Lane, Redhawk Parkway/Paseo Parallon-Overland Trail, and Winchester Road/Enterprise Circle in Temecula, California.

Dated at Temecula, California, this 8th day of April, 2025.

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 8th day of April, 2025.

City of Temecula
Randi Johl, City Clerk

Premium: Included in Performance Bond

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO. 9434658

MAINTENANCE BOND
for

TRAFFIC SIGNAL SYSTEM UPGRADE
PROJECT NO. PW19-09
FEDERAL PROJECT NO. HSIPL-5459(028)

KNOW ALL PERSONS BY THESE PRESENT THAT
Select Electric, Inc. 1700 E. Via Burton, Anaheim, CA 92806

NAME AND ADDRESS OF CONTRACTOR
a Corporation (hereinafter called "Principal"), and
(fill in whether a Corporation, Partnership, or Individual) Fidelity and Deposit Company of Maryland 1299 Zurich Way. 10th Floor, Schaumburg. IL 60196-1056

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 Four Thousand Six Hundred Sixty One DOLLARS AND Thirty Seven CENTS ($ 54,661.37 ) 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 25th day of July , 20 23 , a copy of which is hereto attached and made a part hereof for the construction of TRAFFIC SIGNAL SYSTEM, PROJECT NO. PW19-09, FEDERAL PROJECT NO. HSIPL-5459(028).

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 18th day of February , 20 25 .
(Seal)
SURETY:Fidelity and Deposit
G ojmpany of Maryland
Br: r ��
Heather Saltarelli
(Name)
Attorney -in -Fact
(Title)
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney
PRINCIPAL: Select Electric, Inc.

By:
(Name)
?res�d�
(Title)
(Name)
A --Isi - S
(Title)
NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgment or Jurat must be attached for each of the Surety and Principal Signatures.

MAINTENANCE BOND MB-2

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

State of California )
County of Orange )
On FEB IS 2025 before me, Jessica Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Heather Saltarelli
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument 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. *my

JESSICAALVARADO
Notary Public - CaliforniaOrange CountyCommission S 2510311 Comm. Expires Jan 21, 2029
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature 6 _
SFg�ure of N tary Public

OPTIONAL
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Description of Attached Document
Title or Type of Document: _ Document Date: .

Number of Pages: _ y _ Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:

Corporate Officer — Title(s):

Partner — Limited General
Individual x Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer Is Representing:

Signer's Name:

Corporate Officer — Title(s):._
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer Is Representing:
02014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907

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 ORANGE
On Q Z Oz before me, SHARAD GORA31A (NOTARY PUBLIC)
(insert name and title of the officer)
personally appeared �� i��/-�.
who proved to me on the basis of satisfactory evidence to be the person whose namexis/ subscri d to the within instrument 4nd acknowledged to me that he/s�thWexecuted the same in his/h /th - authorized capacity( and that by his/h�t ignatureX 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.

WITNESS my hand and official seal.

SignaturT��_ �,� (Seal)

SHARAD GOWIA
Notary Public - California
Orange County
+ Commission # 2431686
�'LFO"'" My Comm. Expires Dec 31, 2126

CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
`�':fr'i��.Ca^4`i..^ct':[t :frt n ^^n ,n—...^`Y'J�'.�„Y-' - 1^•r.Ft^.4=lyk�f`Sri^NN��O�.K>.tJ^�-l�i.lY.FR.F,C`— �-1,.!^�f`�M�.'R�.A�uoi.tJ.�fYc.rY4^vY-,C�`i..l�n 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 Diego )
On February 24, 2025 before me, Ruth Masaichi, Notary Public , Date Here Insert Name and Title of the Officer
personally appeared Sebastian i. Passanisi
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

RUTH MASAICHI
Notary Public • Califomii
San Diego County Signature
Commission x 2356962 —
My Comm. Expires May 10, 2025 Signature of Notary Public Place Notary Seal and /or Stamp Above

OPTIONAL
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Description of Attached Document
Title or Type of Document:

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:
02015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

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

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

IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of January, A.D. 2025. /ran My ` pP0/�l `F..•i �PFO% �O"OpPO/��iy•
U T x U U T

SEAL RSEAL SEAL
ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Christopher Nolan
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 7th day of January, A.D. 2025, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Christopher Nolan, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.

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

Genevieve M. Maison
Notary Public
My Commission Expire January 27 2029
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790

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

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

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

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

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

IN TESTIMONY WHE OF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of FEBIB 2025
OEA
Rio':

O O .� c+ s
USEALm a=
e,
Mary Jean Pethick
Vice President

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

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

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

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for

TRAFFIC SIGNAL- SYSTEM UPGRADE (PROTECTED/PERMISSIVE SIGNAL HEADS) PROJECT NO. PW19-09
FEDERAL PROJECT NO. HSIPL-5459(028)
This is to certify that _Select Electric 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 TRAFFIC SIGNAL - SYSTEM UPGRADE (PROTECTED/PERMISSIVE SIGNAL HEADS), PROJECT NO. PW19-09, FEDERAL PROJECT NO. HSIPL-5459(028) situated in the City of Temecula, State of California, more particularly described as follows:

Margarita Rd/Verdes Ln, Redhawk Pkwy/Paseo Parallon-Overland Trail, Winchester Road/Enterprise Circle

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.

Dated: 2-3-2025 By:

CONTRACTOR:

Signature
Michael Lichtenwalter / Protect Manager
Print Name and Title

Item No. 10

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Ron Moreno, Director of Public Works/City Engineer DATE: April 8, 2025
SUBJECT: Accept Improvements and File the Notice of Completion for the Community Recreation Center Splash Pad and Sun Shade, PW21-07 (REBID) PREPARED BY: Nino Abad, Senior Civil Engineer
William Becerra, Associate Engineer II
RECOMMENDATION: That the City Council:

1. Accept the construction of the Community Recreation Center Splash Pad and Sun Shade, PW21-07 (REBID), 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 January 23, 2024, the City Council awarded a construction contract to California Waters Development, Inc. dba California Waters in the amount of $1,840,406 and authorized the City Manager to approve construction contract change orders not to exceed the contingency amount of $184,040.60.

The Community Recreation Center Splash Pad & Shade Structure Project, (Project) is an infrastructure project that included the conversion of the existing kiddie pool into a splash pad and the addition of shade structures at the Ronald J Parks Community Recreation Center (CRC).

California Waters Development, Inc. dba California Waters 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 15, 2024, the date the City obtained "beneficial use" of the project improvements. The retention for this project was released pursuant to the provisions of Public Contract Code 7107.

The amount of the construction contract was $1,840,406. There were two (2) construction contract change orders issued that increased the contract by $150,562. The final contract amount totaled $1,990,968.

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

3. Maintenance Bond

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 California Waters Development, Inc. dba California Waters, 23311 E. La Palma Ave., Yorba Linda, CA 92887 to perform the following work of improvement:

Community Recreation Center Splash Pad and Sun Shade, Project No. PW21-01 (REBID)

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 April 8, 2025. That upon said contract the Developers Surety and Indemnity 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:

Ronald J. Parks Community Recreation Center (CRC)

6. The location of said property is: 30875 Rancho Vista Road, Temecula, California.

Dated at Temecula, California, this 8t" day of April, 2025.

City of Temecula
Randi Johl, City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

Dated at Temecula, California, this 8th day of April, 2025.

City of Temecula
Randi Johl, City Clerk

THE IS PREDICATED ON

TRIG INAL THE FINALICONTRACT PRICE AND
IS SUBJECT TO ADJUSTMENT.

ISSUED IN TWO ORIGINAL COUNTERPARTS PREMIUM: INCLUDED IN THE COUNTERPART NO. OF ;d PREMIUM CHARGED R THE
PERFORMANCE BOND.

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO. PPD0100797

MAINTENANCE BOND
for

COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE
PROJECT NO. PW21-07 (REBID)

KNOW ALL PERSONS BY THESE PRESENT THAT
California Waters Development, Inc. - 23311 E. La Palma Ave., Yorba Linda, CA 92887

NAME AND ADDRESS OF CONTRACTOR
a Corporation (hereinafter called "Principal"), and
(fill in whether a Corporation, Partnership, or Individual) Developers Surety and Indemnity Company - 800 Superior Ave., 21st Floor, Cleveland, OH 44114

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 One Hundred Ninety -Nine Thousand Ninety -Seven ------------DOLLARS AND 00/100--------------------- CENTS ($199,097.00) 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 9th day of January , 2024 , a copy of which is hereto attached and made a part hereof for the construction of COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE, PROJECT NO. PW21-07 (REBID).

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 15th day of November , 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.

by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered.

Signed and sealed this 21 st day of March , 2025
(Seal)
SURETY:

Develo s rety and Indemnity Company
By:

Julia BB. ! s
(Name)
Attorney -in -Fact
(Title)
PRINCIPAL:

Californi at rs Development, Inc.

By:

Mark- pamxn
(Name)
&S ,Ae4—
(Title)
By. -
APPROVED AS TO FORM:
(Name)
Peter M. Thorson, City Attorney (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

No. 4606-0

STATE OF CALIFORNIA

DEPARTMENT OF INSURANCE

SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Developers Surety and Indemnity Company
of California, organized under the laws of California, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance:

Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, Legal, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofany, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.

IN WITNESS WHEREOF, effective as of the IS' day of November, 2017, 1have set my hand and caused my official seal to be a faed this I` day of November, 2017
Dave Jones
Insurance Commissioner
By Valerie Sarfaty
for Joel Laucher
Chief Deputy
NOTICE:

Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein.

POWER OF ATTORNEY FOR

COREPOINTE INSURANCE COMPANY

DEVELOPERS SURETY AND INDEMNITY COMPANY
59 Maiden Lane, 43rd Floor, New York, NY 10038
(212)220-7120
KNOW ALL BY THESE PRESENTS that, except as expressly limited herein, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint:

Julia B. Bales and Kenneth A. Coate
of Riverside, CA
as its true and lawful Attomey-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said companies, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each of said company full power of substitution and revocation, and all of the acts of said Attomey-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is effective March 21, 2025 and shall expire on December 31, 2025.

This Power of Attorney is granted and is signed under and by authority ofthe following resolutions adopted by the Board of Directors ofCOREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company") on February 10, 2023, RESOLVED, that Sam Zaza. President Surety Underwriting, James Bell. Vice President. Surety Underwriting, and Craig Dawson, Executive Underwriter.

Surety. each an employee of AmTrust North America, Inc., an affiliate ofthe Company (the "Authorized Signors ), are hereby authorized to execute a Power of Attorney, qualifying attomey(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary of the Company be, and each of them hereby is, authorized to attest the execution of any such Power ofAttomey.

RESOLVED, that the signature of any one ofthe Authorized Signors and the Secretary or any Assistant Secretary ofthe Company, and the seal ofthe Company must be affixed to any such Power of Attorney, and any such signature or seal maybe affixed by facsimile, and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached.

IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this March 27, 2023 By: .••• \, As U '•., •.• ��.( AND /N �`•.
y '��:•' .PO/Zy' VCR`:••JF''; •.gpp%;q ••ACC`
Printed Nai Sam Zaz� ' GO TF•; 0
Title: President Surety Underwriting
ACKNOWLEDGEMENT:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF California COUNTY OF Orange
CID•

0.1936 =;=
? S1
On this 27 day of _ March . 20 23 . before me. Hoane Ouven Phu Pham , personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalfwhich the person acted, executed this instrument.

I certify, under penalty ofperjury, under the laws ofthe State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
�`">.y HOANG-QUYEN P. FHAM
Notary Public - California
Signature � W Orange County _>
Commission # 2432970
'1�•"� My Comm. Expires Dec 31, 2024

CORPORATE CERTIFICATION
The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions ofthe resolutions ofthe respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as ofthe date ofthis Certification.

This Certification is executed in the City of Cleveland, Ohio, this March 19, 2023.

DOCUSIgned
By �b M lA0 S Barry W. Moses, Assistant Secretary POA No. N/A 6a6415 ADF.548C—
DocuSignEnvelopelD:3352BFD6-5E9D-4796-837E-C1 E455E6530F Ed. 0323

CALIFORNIA 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 1
County of � � J}
r n
On �11t� Y., �'-�r before me"A
Date j . �/ Here
personally appeared
Nome(s) of Signer(s)
and Title of the Officer
who proved to me on the basis of satisfactory evidence to be the persons whose name(s)in/are subscribed to the within instrument and acknowledged to me that he/shefhW executed the same in his/herfthgir authorized capacity(ie&j and that by his/herftherir signature(s�-on the instrument the person(sj'or the entity upon behalf of which the personjs)-acted, executed the instrument.

AMABEL B. AMOJE00{ONCEPCION
Notary Public - California
Orange County >
Commission # 2356831
°�� My Comm. Expires May 10, 2025
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature��`
v
Signature of Notary Public
Vr I IVIVHL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document.

Description of Attached Document
Title or Type of Document:

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
❑ Trustee ❑ Guardi r
❑ Other:

Signer is Representing:

Sig
Number of Pages:
,Ta me:
rate Officer —
❑ Partner — ❑ Limite
❑ Individual
❑ Trustee
❑ Other:

Signer is Representing
d
Title(s):
❑ General
❑ Attorney in Fact
❑ Guardian or Conservator
: c��}:€�}g>;{33F: 3Sir}a;•YC)EE}:f•}; :C>r;Yi:GY: _ : :F�f)cC•k�'r}: .'H:� Y.C�:f9:(dat;,E'r'.'r>:"r �c;•75:5_;>:'Cs:
02019 National•Association M

CALIFORNIA 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 1
County of Riverside J}
On LIAR 2 1 2025 before me, Mariah Giselle Barela, Notary Public Date Here Insert Name and Title of the Officer
personally appeared
Julia B. Bales
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons} whose names} is/subscribed to the within instrument and acknowledged to me that he/she/they executed the same in #is/her/tlie4i� authorized capacity6es), and that by-kris/herfthek-signature( on the instrument the person(&}, or the entity upon behalf of which the person(s) acted, executed the instrument.

MARIAH GISELLE BARELA
COMM. #2417169
Q°Y NOTARY PUBLIC - CALIFORNIA m
?. RIVERSIDE COUNTY
119y Comm. Expires Sept. 20, 2026
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Signarre Notary Public
yr N1L
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date:

Signer(s) Other Than Named Above:

Signer is Representing:
02019 National Notary Association
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:

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for

COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE
PROJECT NO. PW21-07 (REBID)
This is to certify that CALIFORNIA WATERS
(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 COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE, PROJECT NO. PW21-07 (REBID), situated in the City of Temecula, State of California, more particularly described as follows:

Temecula CRC Splashpad, 30875 Rancho Vista Road, Temecula, CA 92592

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

Description I Dollar Amount to Dispute
$0.00
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: 12/17/2024 By. 9u�l
Signat re
Kathryn Taylor, Director of Finance & Accounting
Print Name and Title
RELEASE R-1

Item No. 11

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Ron Moreno, Director of Public Works/City Engineer DATE: April 8, 2025
SUBJECT: Establish All -Way Stop Control at the Intersection of Loma Linda Road and Redwood Road/White Sage Way
PREPARED BY: Nick Minicilli, Senior Traffic Engineer
Erick Escobedo, Associate Traffic Engineer
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA, ESTABLISHING AN ALL -WAY STOP

CONTROL AT THE INTERSECTION OF LOMA LINDA ROAD

AND REDWOOD ROAD -WHITE SAGE WAY AND FINDING

THAT THE ACTION IS EXEMPT FROM CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) UNDER
SECTION 15301(C) OF THE CEQA GUIDELINES
BACKGROUND: In 2024, City of Temecula staff received several resident requests to consider the feasibility of implementing all -way stop controls to address concerns of pedestrian safety and excessive speeding at the intersection of Loma Linda Road and Redwood Road/White Sage Way (Exhibit A). The citizens referenced concerns with high pedestrian volumes, high vehicle volume, erratic vehicle maneuvers, and speeding during school drop-off and pick up times due to the intersection being adjacent to Erle Stanley Gardner Middle School. For this request, staff performed several field reviews at this intersection and based on review of vehicular speed and volume data, it was determined that the intersection of Loma Linda Road and Redwood Road/White Sage Way warranted further analysis for Multi -Way Stop Controls.

Loma Linda Road is a fifty-six (56) foot wide collector roadway providing access to numerous single-family residences between Pechanga Parkway and Via Cordoba. The posted speed limit on Loma Linda Road is 35 MPH and the Average Daily Traffic (ADT) volume on is approximately 5,200 ADT.

Redwood Road is a fifty-six (56) foot wide residential collector roadway that provides access to numerous single-family residences between Loma Linda and Wolf Creek Drive. Redwood Road has a posted speed limit of 30 MPH and carries approximately 1,350 ADT.

White Sage Way is a sixty (60) foot wide private roadway that provides access to numerous single- family residences in the Temecula Lane development. White Sage Way has no posted speed and carries approximately 500 ADT.

In February 2025, staff generated speed and volume data during the school semester from January 2023 through March 2023 using Streetlight Data software. Over this three (3) month period, review of prevailing (85th percentile) speeds indicates that speeds vary from 40 to 42 miles per hour throughout the day on Loma Linda Road near the intersection with Redwood Road/White Sage Way. The results of the speed data review indicate that these speeds are occurring consistently throughout the day.

In addition to the data collection, a review of intersection characteristics and conditions were performed, which included an evaluation of sight distance, collision history, and completion of a multi -way stop warrant analysis (Exhibit B) at this intersection.

An evaluation of sight distance was performed at the intersection of Loma Linda Road and Redwood Road/White Sage Way. A minimum unobstructed sight distance of 250 feet is required for the posted 35 mph speed limit on Loma Linda Road. The results of the evaluation are shown in the table below:

Location
Sight Distance
Required Visibility
(Posted 35 MPH)
White Sage Way (Southbound)
470'
250'
• Looking East
• Looking West
760'
250'
Redwood Road (Northbound)
• Looking East
670'
250'
• Looking West
560'
250'
As shown, the visibility at the intersection of Loma Linda Road and Redwood Road/White Sage Way is more than adequate for conditions looking in the easterly and westerly direction for vehicles entering Loma Linda Road. However, based on a field review, visibility for vehicles entering Loma Linda Road from Redwood Road is compromised during school pick-up times due to cars illegally parked in the bike lanes. The parked vehicles block the bike lane, creating temporary sightline issues as drivers wait to pick up children leaving school.

A review of the collision history for the three (3) year period from January 1, 2022 to December 31, 2024, indicates there was zero (0) reported collisions at the intersection of Loma Linda Road and Redwood Road/White Sage Way.

The Multi -Way Stop Sign Installation Policy for Residential Streets' warrant criteria was used to evaluate the need for multi -way stop signs at the intersection. The warrants allow for the installation of multi -way stop signs when the following conditions are satisfied:

1. Minimum Traffic Volumes
a. The total vehicular volume entering the intersection from all approaches is equal to or greater than three hundred (300) vehicles per hour for any eight (8) hours of an average day; and
b. The combined vehicular volume and pedestrian volume from the minor street is equal to or greater than one hundred (100) per hour for the same eight (8) hours.

2. Collision History
a. Three (3) or more reported collisions within a twelve (12) month period of a type susceptible to correction by a multi -way stop installation. Such accidents include right and left -turn collisions as well as right-angle collisions.

3. Roadway Characteristics
a. The traffic volume on the uncontrolled street exceeds two thousand (2,000) vehicles per day,
b. The intersection has four (4) legs, with the streets extending 600 feet or more away from the intersection on at least three (3) of the legs. c. The vehicular volumes on both streets are nearly equal to a forty/sixty percent (40/60%) split; and
d. Both streets are 44 feet wide or narrower.

Warrants for Minimum Traffic Volumes, Collision History and Roadway Characteristics must be met to justify the installation of a multi -way stop. Other criteria that may be considered when evaluating the need for multi -way stop signs include:

4. Visibility
a. The intersections sight distance is less than:
■ 150 feet for 25 MPH
■ 200 feet for 30 MPH
■ 250 feet for 35 MPH
■ 300 feet for 40 MPH

5. The need to control left -turn conflicts.

6. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes such as schools, parks and activity centers.

7. The roadways and intersection appear on a Suggested Route to School plan.

8. There are no traffic signals or all -way stop controls located within 600 feet of the intersection.

9. The installation of multi -way stop signs is compatible with overall traffic circulation needs of the residential area.

The multi -way stop warrant analysis performed found that the required Warrants 2 & 3 were not satisfied and all -way stop controls are not justified at the intersection based on quantitative data.

The Policy does however provide the flexibility to consider the need to control vehicle and pedestrian conflicts near locations that generate high pedestrian volumes such as schools, parks and activity centers. During field reviews, staff noticed elevated amounts of pedestrian traffic based on the intersection being adjacent to Erle Stanley Gardner Middle School. Staff observed that many of these school aged pedestrians were crossing Loma Linda Rd in an uncontrolled fashion without paying close attention to vehicles and their surroundings. Staff observed children walking in between cars that were arbitrarily stopped in the middle of the street. Combining the uncontrolled crossing situation on Loma Linda Road with limited line of sight of motorists trying to enter Loma Linda Road from the side streets has created an unsafe situation. Based on the review of the intersection under these criteria, and the fact that it acts as a suggested school route, staff have determined there is justification for all -way stop controls at the intersection of Loma Linda Road and Redwood Road/White Sage Way.

Staff recommend establishing all -way stop controls and striped pedestrian crosswalks at the intersection of Loma Linda Road and Redwood Road/White Sage Way.

FISCAL IMPACT: Minor cost associated with the recommended action.

ATTACHMENTS: 1. Resolution

2. Exhibit A - Location Map

3. Exhibit B - Multi -Way Stop Warrant Analysis

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA, ESTABLISHING AN ALL -WAY STOP

CONTROL AT THE INTERSECTION OF LOMA LINDA

ROAD AND REDWOOD ROAD -WHITE SAGE WAY AND

FINDING THAT THE ACTION IS EXEMPT FROM

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER SECTION 15301(C) OF THE CEQA GUIDELINES

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

Section 1. The City Council has considered the facts justifying the need for stop signs at the location described in this resolution.

A. The City Council hereby finds and determines the installation of the stop signs pursuant to this resolution will enhance public health, safety, and general welfare at the intersection.

B. The City Council hereby finds the proposed stop signs will not create any adverse conditions in the area and the action is exempt from California Environmental Quality Act (CEQA) under Section 15301(c) of the CEQA Guidelines.

Section 2. Pursuant to Section 10.12.100 of the Temecula Municipal Code, the following All -Way Stop Intersection is hereby established in the City of Temecula:

Loma Linda Road and Redwood Road-Whtie Sage Way
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of April, 2025.

Brenden Kalfus, 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. 2025- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of April, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

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MULTI -WAY STOP WARRANT (Residential Streets)
Major Street: Loma Linda Rd Critical Approach Speed 35 MPH Minor Street: Redwood Rd/White Sage Way Critical Approach Speed 30 MPH Wararnts 1, 2, and 3 Must Be Satisfied

1. Minimum Vehicular Volume Satisfied Yes No
MINIMUM REQUIREMENTS I 7:00 AM 8:00 AMI 1:00 PMl 2:00 PM1 3:00 PMl 4:00 PMl 5:00 PMl 6:00 PM1 Hour Total All
Ap roaches
300
519
387 467
523
533
501
469
362
Combined Vehicular
Ped Volume
Minor Street
100
162
199 101
165
185
147
108
100

2. Collision History Satisfied

MINIMUM REQUIREMENTS NUMBER OF ACCIDENTS
3 OR MORE 0

3. Roadway Characteristics Satisfied
(All Parts Below Must Be Satisfied)
A. The traffic volume on the uncontrolled street exceeds two thousand (2,000) vehicles per day,
B. The intersection has four (4) legs, with the streets extending 600 feet or more away from the intersection on at least three (3) of the legs, C. The vehicular volumes on both streets are nearly equal to a forty/sixty percent (40/60%) split, and
D. Both streets are 44 feet wide or narrower.

Options (Other Criteria That May Be Considered)

4. Visibility
The intersection sight distance is less than:
150 feet for 25 MPH
200 feet for 30 MPH
250 feet for 35 MPH

5. The need to control left -turn conflicts.

6. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes such as schools, parks and activity centers.

7. The roadways and intersection appear on a Suggested Route School plan.

8. There are no traffic signal or all -way stop controls located within 600 feet of the intersection.

9. The installation of multi -way stop signs is compatible with overall traffic circulation needs of the residential area.

Yes No X�
Yes No �X
Yes No
Yes No
Yes No �X
Yes No �X
Satisfied
Yes No �X
Yes No
Yes No
Yes No
Yes No
Yes No

Item No. 12

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Ron Moreno, Director of Public Works/City Engineer DATE: April 8, 2025
SUBJECT: Receive and File Temporary Street Closures for 2025 Springfest Events PREPARED BY: Morgan Heiman, Public Works Aide
Anissa Sharp, Management Analyst
RECOMMENDATION: That the City Council receive and file the temporary closure of certain streets for the following 2025 Springfest Events:

TEMECULA SUNSET MARKET

COMMUNITY SERVICES EXPO

ROD RUN

CULTUREFEST
BACKGROUND: Four special events are scheduled between April 2025 and June 2025 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 four events and associated street closures are as follows:
1) TEMECULA SUNSET MARKET — April to June 2025
(Bi-Monthly Afternoon Market in Old Town)
The Temecula Sunset Market will be open for public use the 2nd and 41h Thursday of each month with the last market occurring June 26, 2025 in the Town Square Park. The street closures necessary are as follows:

Main Street
from the easterly driveway edge of
April 10 to June 26
2nd 4th Thursday
28636 Old Town Front Street
and
12:00 p.m. to 10:00 p.m.
to Mercedes Street
Mercedes Street
April 10 to June 26
2nd and 4th Thursday
From Third to Fourth Street
12:00 p.m. to 10:00 p.m.

Street closures for the Temecula Sunset Market event are shown on Exhibit "A" attached hereto.

2) COMMUNITY SERVICES EXPO —April 2611
The Community Services Expo will be held April 26, 2025 with street closures as follows:

Main Street
8:00 a.m. on Friday, April 25 to
from the easterly driveway edge of
5:00 p.m. on Saturday April 26
28636 Old Town Front Street
to Mercedes Street
Mercedes Street
8:00 a.m. on Friday, April 25 to
From Third to Fourth Street
5:00 p.m. on Saturday April 26
Street closures for the Community Services Expo event are shown on Exhibit "A" attached hereto.
3) ROD RUN — May 2nd and May 3rd
The Rod Run will be held May 2nd and May 3rd of 2025. The street closures will be as follows:

Old Town Front
Friday, May 2
From Santiago to Moreno
4:00 p.m.- 8:30 p.m.

Old Town Front
Saturday, May 3
4:30 a.m. — 5:00 p.m.

Main Street
8:00 a.m. on Friday, May 2 to
East of Old Town Front Street
7:00 p.m. on Saturday, May 3
Third Street, Fourth Street,
4:00 p.m. on Friday May 2 to
Fifth Street, and Sixth Street
5:00 p.m. on Saturday May 3
Street closures for the Rod Run event are shown on Exhibit `B" attached hereto.

4) TEMECULA CULTUREFEST — May 1711
Temecula CultureFest will be held May 17, 2025 with street closures as follows:

Main Street
from the easterly driveway edge of
Saturday, May 17
28636 Old Town Front Street
5:30 a.m.-6:00 p.m.
to Mercedes Street
Mercedes Street
Saturday, May 17
From Third to Fourth Street
5:30 a.m.-6:00 p.m.

Street closures for the Temecula CultureFest 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 — Springfest Road Closures 2025

2. Exhibit B — Rod Run 2025

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Exhibit B
Temecula Rod Run 2025
Road Closures
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v Mercedes St
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Road Closure-
4:00 PM 8:30 PM on Friday, May 2nd and - - �-
4:30 AM - 5:00 PM on Saturday, May 3rd
Road Closure
4:00 PM on Friday, May 2nd to - Y�-
5:00 PM on Saturday, May 3rd'
Road Closure
8:00 AM on Friday, May 2nd to
7:00 PM on Saturday, May 3rd s
q Second St

Item No. 13

ACTION MINUTES

TEMECULA COMMUNITY SERVICES DISTRICT MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
MARCH 25, 2025
CALL TO ORDER at 7:29 PM: President Zak Schwank
ROLL CALL: Alexander, Kalfus, Rahn, Schwank, Stewart
PUBLIC COMMENTS — None

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

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

12. Approve Action Minutes of March 11, 2025
Recommendation: That the Board of Directors approve the action minutes of March 11, 2025.

13. Approve Sponsorship Agreement with Skyrocket Pediatric Therapy Foundation to Provide Developmental Screenings and Parent Workshops
Recommendation: That the Board of Directors approve a sponsorship agreement with Skyrocket Pediatric Therapy Foundation to provide developmental screenings and parent workshops.

14. Approve Third Amendment with Transportation Charter Services, Inc. for Citywide Transportation Services
Recommendation: That the Board of Directors approve the third amendment with Transportation Charter Services, Inc. for citywide transportation services, to extend the term of the agreement to March 21, 2026.

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTORS REPORTS

CSD ADJOURNMENT
At 7:32PM, the Community Services District meeting was formally adjourned to Tuesday, April 8, 2025 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. 14

TEMECULA COMMUNITY SERVICES DISTRICT

AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Erica Russo, Director of Community Services
DATE: April 8, 2025
SUBJECT: Approve Two Non -Exclusive Contractor Services Agreements with Wild West Junk Removal LLC and West SWPPP Services for Dangerous and Unhealthy Homeless Encampment Clean -Up
PREPARED BY: Gabrielle Bradshaw, Management Assistant
RECOMMENDATION: That the Board of Directors approve the following two non-exclusive agreements for the clean-up of unsafe and unhealthy encampments:

1. Non-exclusive agreement with Wild West Junk Removal LLC, in the amount of $1,500,000

2. Non-exclusive agreement with West SWPPP Services, in the amount of $60,000 BACKGROUND: Temecula Community Services District opened a Request for Proposal for Dangerous and Unhealthy Homeless Encampment Cleanup services due to an increase in service requests. The top two proponents, Wild West Junk Removal LLC and West SWPPP Services, were recommended to be awarded. Both proponents scored high in the RFP process and provided competitive rates with an exceptional 3-day response time. The top proposal was selected to be the main contractor for the City of Temecula's turnkey encampment cleanup services and the runner- up proposal will be utilized for additional on -call services as required.

FISCAL IMPACT: Funds needed for dangerous and unhealthy encampment cleanups have been allocated as part of the annual operating budget process. Future years' projected expenditures will be requested as part of the AOB process.

ATTACHMENTS: 1. Agreement with Wild West Junk Removal LLC

2. Agreement with West SWPPP Services

NON-EXCLUSIVE AGREEMENT FOR CONTRACTOR SERVICES BETWEEN

TEMECULA COMMUNITY SERVICES DISTRICT AND WILD WEST JUNK

REMOVAL

DANGEROUS AND UNHEALTHY HOMELESS ENCAMPMENT CLEANUP
THIS NON-EXCLUSIVE AGREEMENT is made and effective as of April 8, 2025, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Wild West Junk Removal LLC, a S Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
11114ZIN
This Agreement shall commence on April 8, 2025, and shall remain and continue in effect until tasks described herein are completed, but in no event later than April 8, 2030, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. This is a non- exclusive agreement for the services to be provided. City will allocate work as required and does not guaranty any particular amount of work to Contractor.

3. PERFORMANCE
Contractor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Contractor shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.

4. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.

Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.goy . Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
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5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html

6. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as 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. This amount shall not exceed One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00) for the total term of the agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Director of Community Services. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by Director of Community Services and Contractor at the time City's written authorization is given to Contractor for the performance of said services.

C. Contractor will submit invoices throughout the month, as work is performed.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees.

If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement 01 /01 /2025

pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the Director of Community Services or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

10. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert 01 /01 /2025

witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Contractor, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Contractor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers.
b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
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1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor's products and completed operations of the Contractor; premises owned, occupied or used by the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Contractor insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Contractor may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Contractor's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Contractor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-: VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.

13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.

14. RELEASE OF INFORMATION
a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the Director of Community Services or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
b. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any 01 /01 /2025

deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
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 (i) 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 following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Contractor: Wild West Junk Removal
Attn: Weston Philip Molitor
31815 Sandhill Lane
Temecula, CA 92591

16. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.

17. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

18. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. PROHIBITED INTEREST
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No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The Director of Community Services is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 01 /01 /2025

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:

Randi Johl, Secretary
APPROVED AS TO FORM:

By:

WILD WEST JUNK REMOVAL, LLC
By:

Weston Philip Molitor, Owner
Peter M. Thorson, General CONTRACTOR
Counsel
Wild West Junk Removal LLC
Attn: Weston Philip Molitor
31815 Sandhill Ln. Temecula, CA 92591
(951) 837 - 8072
service@m(ildwesgunkremoval.com
9 01 /01 /2025

EXHIBIT A
Tasks to be Performed
Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services Department and the Contractor, for the turnkey dangerous and unhealthy encampment cleanup within the City limits.

Work will include maintenance services, and emergency call -out. The procedure for work is set forth as follows:

1. The City Manager or his designee ("Project Manager") shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and any additional plans and specifications.

The Project Manager may submit a "Request for Work" to Contractor for various site locations including City property, Riverside County Flood Control property (through Funding Agreement 2022-316), and any other property for which the City and its contractors have been granted the authority to enter for the purpose of removing materials.

2. Contractor shall reply in writing, within one (1) business days of the date of Request for Work and advise the Project Manager whether it can perform the requested work and specify the estimated total cost to complete the work in accordance with the rates set forth in Exhibit "B" to this agreement.

3. Upon acceptance of the Contractor's response to their Request for Work, Contractor shall commence non -emergency work.

4. In the event emergency work is required, the Project Manager may transmit the Request to Work orally to the Contractor. As soon as practical following the emergency the Contractor and Project Manager shall in good faith confirm in writing the scope of the emergency work undertake.

5. Contactor shall notify the City when work is completed and provide a completed cleanup report, included in this agreement as Exhibit "C", within (7) business days.

6. Contractor shall dispose of all materials and include this in the rates set forth in Exhibit „B„

7. The Contractor shall strictly comply with all requirements of the City's most recent revisions to the Administrative Procedures for the clean-up of dangerous and unhealthy encampments that are adopted by the City Manager pursuant to Temecula Municipal Code Section 9.75.120 that pertain to its work as approved by the Project Manager ("Administrative Procedures"). Additionally, the Contractor shall not proceed with its work unless it has confirmed and documented that all procedures required before removal of dangerous and unhealthful encampments have been fulfilled and completed. Prior to each job, Contractor shall certify to the Project Manager, that it has reviewed the provisions of the Administrative Procedures, particularly those provisions relating to the removal of personal property at the encampments and has trained its staff in these requirements.

8. Contactor shall take photos before and after completing agreed upon work to be included with invoice and provide documentation required by the Administrative Procedures. 10 01 /01 /2025

Service
Description

1. Site Cleanup
Mobilization

2. Site Cleanup
Laborand
Equipment

EXHIBIT B
Payment Rates and Schedule
Cost Per Unit
Notes
No Charge for Site
NA Mobilization
.No Charge for Same
,Dav Call Out
3 Cubic Yards: $195
6 Cubic Yards or 1/2 Load: $350
9 Cubic Yards or 3/4 Load: $495
12 Cubic Yards or Full Load: $595
Shopping Cart Removal: $119 Per Carl
Certified Payroll Admin Fee: $175 per
job
Project Manager Admin Fee: $150 per
hour (applicable only when job requires
due to the cleanup of multiple sites, use
of heavy equipment or when the time
period will exceed 7 days)
Distance Fee: $150 per ten yards from
distance to trailer and job site
Labor: $125 per hour/per additional
person
Equipment Rental: 100% rental cost
Equipment Rental Transport: 100%
mileage (cost to transport from rental
source to job site and back)
Equipment Rental Operator: 100%
hourly rate (maximum $150 per hour)
Minimum pick up: $300

3. Biohazard and
- Hazardous Waste Disposal: 11
Non-
ardous reimbursement at 100% cost to dispose When required BiohazDisposal of hazardous waste materials 1+

4. Three Day
Response
Guarantee
NA
No Charge
Three-day response
guarantee and
emergency same day
call outs are all part of
the standard Wild West
11 01 /01 /2025

3 Cubic Yards**
6 Cubic Yards or'/Z Load
9 Cubic Yards or % Load
12 Cubic Yards or Full Load
Shopping Cart Removal
Wild West Pricing Table
$195
$350
$495
$595
$119 per cart
Certified Payroll Administration Fee $175 per job
Project Manager Administration Fee
$150
per hour/not to exceed one person
(only when job requires due to the cleanup
of multiple sites, use of heavy equipment,
or when the time period will exceed 7 days)
per ten yards from distance to trailer
Distance Fee
$150
and job site
Labor
per hour/per person (not to exceed
$125
five people without City approval)
Equipment Rental
rental cost
100%
(reimbursement at 100% cost to rent)
100%
mileage
Equipment Rental Transport
(cost to transport from rental source to job
site and back)
Equipment Rental Operator
100%
hourly rate
(reimbursement at 100% of equipment
operator hourly rate, when specialized
operator is required for job)
Specialty Surcharge
per tire
$35
(reimbursement at 100% cost to dispose of
$30
per appliance
items that require additional disposal fees)
$75
per solar panel
Hazardous Waste Disposal
disposal fee
100%
(reimbursement at 100% cost to dispose of
hazardous waste materials, when required)
*$300 minimum pick up
**A cubic yard is a unit of measure used to express volume, equal to the amount of material that would fill a space that measures on yard (3 feet) in each direction. Specifically, a cubic yard measures 3 feet (or 36 inches) in length, width, and height and contains 27 cubic feet of material. It is commonly used for measuring quantities of soil, sand, gravel, concrete, and other building materials, and for waster disposal. It can be visualized as a cube, measuring 3 feet long on each side.
12 01 /01 /2025

EXHIBIT C
Cleanup Report Form

APPENDIX B
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DAMP _ TIME:

CONTACT PERSON: _ e PHONE:

SITE LOCATION
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INVOICE NO: DATE: AMOUrtr.

ISIGPIATL1AEt DATE
13 01 /01 /2025

NON-EXCLUSIVE AGREEMENT FOR CONTRACTOR SERVICES BETWEEN

TEMECULA COMMUNITY SERVICES DISTRICT AND WEST SWPPP SERVICES

1. TERM
This Agreement shall commence on April 8, 2025 and shall remain and continue in effect until tasks described herein are completed, but in no event later than April 8, 2026, unless sooner terminated pursuant to the provisions of this Agreement.

The City may, upon mutual agreement, extend the contract for two (2) additional two (2) year term. In no event shall the contract be extended beyond April 8, 2030.

Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov . Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under 01/01/2025

him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DER. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.poy/Public-Works/PublicWorks.html

6. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as 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. This amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for the total term of the agreement unless additional payment is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Director of Community Services. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by Director of Community Services and Contractor at the time City's written authorization is given to Contractor for the performance of said services.

C. Contractor will submit invoices throughout the month, as work is performed.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees.

terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

10. INDEMNIFICATION
01 /01 /2025

The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

By executing this Agreement, Contractor is submitting the certification required above.

c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor's products and completed operations of the Contractor; premises owned, occupied or used by the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Contractor insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Contractor may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Contractor's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Contractor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptabilily of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-: VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & 5 01 /01 /2025

Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

Mailing Address: City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Contractor: West SWPPP Services
Attn: Christine Huss
PO Box 7683
Redlands, CA 92375

19. PROHIBITED INTEREST
01/01/2025

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:

Rand! Johl, Secretary
APPROVED AS TO FORM:

By:

Peter M. Thorson, General
Counsel
JAMES D. HUSS, DBA WEST SWPPP SERVICES
By:

James D. Huss

CONTRACTOR
West SWPPP Services
Christine Huss
PO Box 7683, Redlands, CA 92375
(909)602-2939
Chuss.westswpppservices ,gmail.cam
9 01 /0112025

Work will include maintenance services, and emergency call -out. The procedure for work is set forth as follows:

1. The City Manager or his designee ("Project Manager') shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and any additional plans and specifications.

3. Upon acceptance of the Contractor's response to their Request for Work, Contractor shall commence non -emergency work.

5. Contactor shall notify the City when work is completed and provide a completed cleanup report, included in this agreement as Exhibit "C", within (7) business days.

6. Contractor shall dispose of all materials and include this in the rates set forth in Exhibit "B„

8. Contactor shall take photos before and after completing agreed upon work to be included with invoice and provide documentation required by the Administrative Procedures. 10 01 /01 /2025

Service
Description

1. Site Cleanup
Mobilization

2. Site Cleanup
Labor and
Equipment

3. Biohazard and
Non-
Biohazardous

EXHIBIT B
Payment Rates and Schedule
Cost Per Unit
$65 per hr**
$65.00 per hr/per man
**All Heavy Equipment: $250/Per
Day**
Operator: $65 per hour

65.00 per hr/per man

65.00 per hr/per man
Disposal Disposal Fee 100% passed thru to
C ity

4. Three Day
Response NO ADDITIONAL FEE
Guarantee
**This is a prevailing wage job
Notes
Mobilization, Presight
Prep; limited to one
site per fee
Covers labor per man
and equipment cost
per unit, covers all PPE
and consumable
supplies with photo
documentation of
before and after
uictures
Disposal or Recycling
Fees are per job per
load determined site to
hree day response
as NO additional cost
r fees other than
ormal fees
11 01/01/2025

West SWPPP Pricing Table

SCOPE OF WORK

HOURLY RATE
ALL HEAVY EQUIPMENT( Loader, etc.)
$250.00 PER DAY

OPERATOR
$ 65.00 PER HOUR

TRASH CLEAN-UP/BIOHAZARD/DUMP
$ 65.00 PER HOUR/PER MAN

TREE TRIM/SLASH CLEAN-UP/DUMP
$ 65.00 PER HOUR/PER MAN
GRAFFITI REMOVAL (labor/supplies)
$ 80.00 PER HOUR/PER MAN
TRAILOR LOAD -12 CUBIC YARDS
$500.00 ea half load $250

DUMP TRUCK LOAD (SAME AS TRAILOR)
$500.00 ea half load $250
TRASH 40 YARD CONTAINER(HOLDS UP TO 7,000 LBS/2,350
cubic ft) $700.00 ea
** EACH ADDITIONAL 1,000 LBS $300.00 ea
TIRE DISPOSAL CHARGE: $35.00/REGULAR, $60.00 SEMITRUCK, $120.00/AGRICULTURE BIOHAZARD WASTE COST: 100 % DISPOSAL COST PASSED

THOUGH TO CITY
"NOTE* We do not do X hoar char es - we round up to the acre arper hoar 12 01 /01 /2025

EXHIBIT C

CLEANUP REPORT FORM

APPENDIX B
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13 01 /01 /2025

Item No. 15

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: April 8, 2025
SUBJECT: Receive Updated Presentation Regarding Wildfire Mitigation Efforts and Provide General Direction Regarding the Same (At the Request of Council Member Rahn) PREPARED BY: Luke Watson, Deputy City Manager
RECOMMENDATION: That the City Council receive an updated presentation regarding wildfire mitigation efforts and provide general direction regarding the same.

BACKGROUND: On March 11, 2025, City staff provided the City Council a comprehensive overview of local wildfire mitigation efforts underway and planned in and around the City of Temecula. Upon receipt of the presentation, the City Council provided direction to staff to develop a draft work plan and cost estimate for the following wildfire mitigation items:

1. Caltrans vegetation clearance under the I-15 freeway at the confluence of Temecula and Murrieta creeks

2. Full implementation of the existing Community Wildfire Protection Plan (CWPP)

3. Citywide Community Wildfire Protection Plan

4. Community Wildfire Outreach and Education
o Fire Wise Program
o Fire Safe Council
o Collaboration with Homeowner's Associations
o Provide Community Home Hardening Recommendations
o Annual Wildland Urban Interface (WUI) Day Event

5. Evacuation Planning

6. Explore Funding and Support an Emergency Operations Center

Work Plan Item Description, Cost Estimate & Timing:

1. Caltrans vegetation clearance under the I-15 freeway at the confluence of Temecula and Murrieta creeks:

Description: Environmental is finalizing and Caltrans anticipates receipt of the ENV document by end of this month.
• Contractor is being mobilized 3rd week of April (04/14/25) based on availability. Due to recent storms, there is currently a moderate amount of water flowing in the creek, which should subside by start of work.
• Clearance measures and additional notes will be discussed between Caltrans VMP and contractor prior to start of work.
• Temecula creek is a wildlife crossing and caution needs to be taken to not remove more vegetation than is necessary:
• Some of the larger trees act as sound buffers the assist wildlife crossing under the bridge. • Emphasis should be taken more to remove dead material and invasive plants (pampus grass, non-native grasses, tamarisk, etc.).
• Poison oak is present within the creek.
• A biological monitor is encouraged to be present considering the sensitive riparian area.

Cost Estimate: No cost to City. Project Funded by Caltrans Timing: Caltrans anticipates work to begin mid -April

2. Full implementation of the existing Community Wildfire Protection Plan (CWPP):

Description: A Community Wildfire Protection Plan (CWPP) is a community -based plan that focuses on identifying and addressing local hazards and risks from wildfire. These plans are authorized and defined by the Healthy Forests Restoration Act (HFRA). The goal of a CWPP is to define and identify a community's priorities for the protection of life, property, shared assets, and infrastructure in the event of a wildfire. CWPPs represent the best opportunity to address the challenges of the wildland-urban interface (WUI) with comprehensive and locally supported solutions.

Currently the City has an approved CWPP for the confluence area of Temecula and Murrieta Creeks, extending eastward in Temecula Creek to roughly 1/2 mile past Pechanga Parkway. A significant portion of the implementation of this plan has taken place with Riverside County Flood Control completing a vegetation removal project withing Temecula Creek. Additionally, when Caltrans completes the anticipated vegetation removal project under the I-15 freeway, another major implementation component of the CWPP will have been completed. City staff has been communicating with the Pechanga Tribe regarding the portion of the CWPP area that is on their

lands. Tribal staff is working through their internal process to gain approval for vegetation clearance on their property.

Cost: To complete the implementation of the CWPP (not including the Pechanga Tribal land portion) it is estimated to be between $300,0004500,000. Some of those cost could be paid by Riverside County Flood Control District as they continue with further vegetation clearance projects in Temecula Creek. The rest of the cost would be the City's responsibility.

Timing: Currently underway

3. City-wide Community Wildfire Protection Plan
Description: As previously mentioned, A Community Wildfire Protection Plan (CWPP) is a community -based plan that focuses on identifying and addressing local hazards and risks from wildfire. These plans are authorized and defined by the Healthy Forests Restoration Act (HFRA).

The goal of a CWPP is to define and identify a community's priorities for the protection of life, property, shared assets, and infrastructure in the event of a wildfire. CWPPs represent the best opportunity to address the challenges of the wildland-urban interface (WUI) with comprehensive and locally supported solutions.

The City's current CWPP only covers the confluence area of Temecula and Murrieta Creeks, extending eastward in Temecula Creek to roughly % mile past Pechanga Parkway. To fund the development of a City-wide CWPP the City would apply for different grant opportunities that are available.

Cost: $500,000-$1 million. Competitive grant funding opportunities are available.

Timing: 1-2 years, including developing and submitting grant application, grant awards process and plan development.

4. Community Wildfire Outreach and Education
Description: A community wildfire outreach and education program could take many forms.

Some of the work plan items, including collaboration with HOA's, becoming a Firewise Community, providing home hardening recommendations, forming a fire safe council, holding a Wildland Urban Interface (WUI) day event, and implementing a One Tree program would be included in a comprehensive outreach and education program. Additional outreach and education could include collaboration with the Temecula Valley Unified School District, the Temecula Chamber of Commerce, and the business community at large.

Cost: Each outreach and education program component described above would have its own cost figure. Much of the outreach and education program cost would be City staff time.

Timing: Outreach and education components such as, providing home hardening information, collaboration with HOAs, and School District and the business community could start immediately. Becoming a Firewise community, standing up a fire safety council and holding a WUI day event and implementing a One Tree program would take some time to develop and implement, including the pursuit of grant funding.

5. Evacuation Planning
Description: Evacuation planning is the process of developing and actionable plan to ensure orderly evacuation of an area of the City or the entire City. It can also include planning for a nearby area being evacuated into the City. The City Emergency Management division is currently working on a comprehensive community evacuation plan.

Cost: Grant funded.

Timing: 6 months

6. Explore Cost of Emergency Operations Center
Description: An Emergency Operations Center (EOC) is a central command and control facility responsible for carrying out the principles of emergency response, emergency preparedness, emergency management, and disaster management functions at a strategic level during an emergency. The EOC ensures the continuation of operation of a municipality, company, public or emergency service, or other organization. The EOC is the centralized location of emergency response and recovery support operations during incidents. It provides space for centralized monitoring, control, and command of an emergency event.

There are several components to consider when developing, funding, and operating a new Emergency Operations Center (EOC). These critical components must be considered to ensure and EOC's effectiveness in managing crises and coordinating emergency response efforts.

These components include:

1. Facility Design & Infrastructure
• Location & Accessibility: The EOC should be in a secure, strategically located area, preferably resistant to natural and man-made hazards.

• Structural Resilience: The building must be designed to withstand disasters, including earthquakes, floods, and extreme weather.
• Redundant Power & Utilities: Backup generators, uninterruptible power supplies (UPS), and redundant communication lines are essential for continuous operation. • Space Planning: Adequate room for workstations, conference areas, briefing rooms, and rest areas is necessary to support prolonged operations.

2. Technology & Communications
• Interoperable Communication Systems: The EOC must integrate with local, state, and federal emergency response agencies, ensuring seamless communication via radio, phone, and digital networks.
• Emergency Alert & Notification Systems: Integration with public warning systems (e.g., sirens, mobile alerts, social media) is crucial.
• Data & Cybersecurity: Protection against cyber threats and robust data storage solutions are necessary for safeguarding critical information.
• GIS & Mapping Capabilities: Geographic Information Systems (GIS) help with real-time situational awareness, resource allocation, and response planning.

3. Personnel & Training
• Staffing Plan: The EOC should have designated roles, including emergency managers, communication specialists, logistics coordinators, and liaisons with public safety agencies.
• Training & Exercises: Regular drills, tabletop exercises, and scenario -based training ensure personnel are prepared for real emergencies.
• Mutual Aid & Coordination: Pre -established agreements with neighboring municipalities and private entities can enhance resource -sharing and response efficiency.

4. Operational Framework & Policies
• Incident Command System (ICS): The EOC should operate under a standardized framework like the National Incident Management System (NIMS) to streamline emergency response coordination.
• Standard Operating Procedures (SOPs): Clear protocols must define roles, responsibilities, and response actions during various emergency scenarios.

• 24/7 Readiness: The center must have a plan for activation, including staffing shifts, resource mobilization, and decision -making hierarchies.

5. Funding & Budgeting
• Initial Capital Investment: Funding sources must be identified for land acquisition, construction, and infrastructure development. Possible funding options include federal and state grants (e.g., FEMA, DHS), municipal budgets, and private -sector partnerships. • Operational Costs: Recurring expenses, including salaries, maintenance, technology upgrades, and utility costs, must be planned for sustainable operation. • Grant Management & Compliance: The municipality must ensure compliance with funding requirements and reporting obligations if external funding is used.

Cost: Development costs dependent on many variables including, whether land and/or a building need to be purchased or built, technological requirements, and successful acquisition of grant funding. Operating costs would be dependent on staffing levels and other re -occurring costs of operating. In researching the costs to build and operate an EOC it appears that costs for a mid- sized City like Temecula would be in the range of $10-$75 million.

Timing: unknown
FISCAL IMPACT: While each component described above does or would have a fiscal impact, there is no direct fiscal impact of this agenda item as the Council direction was to develop a work plan and identify the estimated cost and timing of each individual component. There is no current request for funding of any of the components of this work plan.

ATTACHMENTS: None

Item No. 16

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 8, 2025
SUBJECT: Receive Presentation Regarding Assembly Bill 306 Regarding Building Regulations and Consider Adoption of a Position (At the Request of Council Member Rahn)
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council receive a presentation regarding Assembly Bill 306 regarding building regulations and consider adoption of a position.

BACKGROUND: On March 25, 2025, the City Council unanimously approved the placement of this item on the agenda at the request of Council Member Rahn. Assembly Bill 306 (AB 306) was introduced on January 23, 2025 by Assembly Member Schultz and Speaker Rivas.

The bill passed unanimously from the Assembly Housing and Community Development and Assembly Appropriations committees. The bill also passed out of the house of origin to the second house. The support and opposition on record to date are noted on attached bill analysis.

As indicated in the analysis, AB 306 imposes a moratorium on the adoption or modification of new state and local building standards affecting residential units from June 1, 2025 until June 1, 2031, with limited exceptions. The major provisions of the bill are as follows:

Prohibits the California Building Standards Commission (CBSC) and any other adopting agency, from Junel, 2025, until June 1, 2031, from considering, approving, or adopting any proposed building standards affecting residential units unless any of the following conditions is met:
(a) The CBSC deems those changes necessary as emergency standards to protect health and safety;
(b) The building standards are related to home hardening and are proposed for adoption by the Office of the State Fire Marshal (SFM);
(c) The building standards are proposed for adoption in relation to the SFM's study of standards for single -exit, single stairway apartment houses with more than two dwelling units in buildings above three stories; or
(d) The building standards are proposed for adoption pursuant to an adaptive reuse standards working group, to reduce potable water use in new residential buildings, or

to support risk -based water quality standards for the onsite treatment and reuse of non - potable water for certain residential buildings, as specified.

2. Prohibits a city or county from making changes or modifications to building standards affecting residential units, including to green building standards, from June 1, 2025 until June 1, 2031, unless one of the following conditions is met:
(a) The changes or modifications are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of January 1, 2025;
(b) The CBSC deems those changes or modifications necessary as emergency standards to protect health and safety;
(c) The changes or modifications relate to home hardening; or (d) The building standards relate to home hardening and are proposed for adoption by a fire protection district pursuant to existing provisions governing the proposal of new standards by fire protection districts.

3. Requires CBSC to reject a modification or change to any building standard affecting a residential unit filed by the governing body of a city or county, from June 1, 2025 until June 1, 2031, unless one of the conditions in 2 above is met.

AB 306 has an urgency clause which indicates the bill must have a 2/3 final vote to pass. The Cal Cities Housing Policy Committee and Environmental Quality Policy Committee considered an advisory recommendation for the Board on March 27-28, 2025. The Housing Committee voted to support the legislation while the Environmental Quality Committee voted to oppose the legislation. The Cal Cities Board will consider a final position on AB 306 at its mid -April meeting.

It is recommended that the City Council consider the item and provide staff with related direction.

Pursuant to the City's Legislative Platform, legislation consistent/inconsistent with the platform may be supported/opposed. Additional positions include "Support if Amended" and "Oppose Unless Amended". Lastly, the City may provide a letter of concern or interest without taking a formal position.

FISCAL IMPACT: None
ATTACHMENTS: 1. AB 306 — Bill Text

2. AB 306 — Floor Bill Analysis

3. AB 306 — Cal Cities Agenda Report

ASSEMBLY BILL
REVISED MARCH 19, 2025
AMENDED IN ASSEMBLY MARCH 12, 2025
AMENDED IN ASSEMBLY MARCH 05, 2025
CALIFORNIA LEGISLATUREaE" 2025df"2026 REGULAR SESSION
Introduced by Assembly Members Schultz and Rivas
(Principal coauthors: Assembly Members Haney and Wicks) (Coauthor: Assembly Member Gabriel)
January 23, 2025
NO.306
An act to amend Sections 17958, 17958.5, 17958.7, 18929.1, and 18930 of the Health and Safety Code, relating to building standards, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST
AB 306, as amended, Schultz. Building regulations: state building standards.

Existing law establishes the Department of Housing and Community Development (department) in the Business, Consumer Services, and Housing Agency. Existing law, the California Building Standards Law, establishes the California Building Standards Commission (commission) within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code (code). Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation.

Existing law requires, among other things, the building standards adopted and submitted by the department for approval by the commission, as specified, to be adopted by reference, with certain exceptions. Existing law authorizes any city or county to make changes in those building standards that are published in the code, including to green building standards. Existing law requires the governing body of a city or county, before making modifications or changes to those green building standards, to make an express finding that those modifications or changes are reasonably necessary because of local climatic, geological, or topographical conditions.

This bill would, from June 1, 2025, until June 1, 2031, inclusive, prohibit a city or county from making changes that are applicable to residential units to the above -described building standards unless a certain condition is met, including that the commission deems those changes or modifications necessary as emergency standards to protect health and safety. By requiring a city or county to take certain actions relating to building standards, this bill would impose a state -mandated local program.

This bill would, from June 1, 2025, until June 1, 2031, inclusive, require the commission to reject a modification or change to any building standard, as described above, affecting a residential unit and filed by the governing body of a city or county unless a certain condition is met, including that the commission deems those changes or modifications necessary as emergency standards to protect health and safety. The bill would also make related findings and declarations.

Existing law requires the commission to receive proposed building standards from state agencies for consideration in an 18-month code adoption cycle and to develop regulations, as specified, setting forth the procedures for the 18-month adoption cycle.

This bill, from June 1, 2025, until June 1, 2031, inclusive, would provide that the above -described requirement does not apply to any building standards affecting residential units and would prohibit the commission from considering, approving, or adopting any proposed building standards affecting residential units, unless a certain condition is met, including that the commission deems those changes necessary as emergency standards to protect health and safety.

The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the commission for approval and adoption.

This bill would prohibit the commission or any other adopting agency from considering, approving, or adopting any proposed building standards affecting residential units, unless a certain condition is met, including that the commission deems those changes necessary as emergency standards to protect health and safety.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

This bill would declare that it is to take effect immediately as an urgency statute.

Digest Key

Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:
(a) The state faces a housing crisis of availability and affordability, in large part due to a severe shortage of housing. (b) Solving the housing crisis therefore requires a multifaceted, statewide approach, which will include, but is not limited to, any or some of the following:
(1) Encouraging an increase in the overall supply of housing. (2) Encouraging the development of housing that is affordable to households at all income levels. (3) Removing barriers to housing production.
(4) Expanding the availability of rental housing.
(c) Addressing the housing crisis and the severe shortage of housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 2, 3, and 4 of this act amending Sections 17958, 17958.5, and 17958.7 of the Health and Safety Code apply to all cities, including charter cities.

SEC. 2. Section 17958 of the Health and Safety Code is amended to read:
17958. (a) Except as provided in subdivision (b), and in Sections 17958.8 and 17958.9, any city or county may make changes in the provisions adopted pursuant to Section 17922 and published in the California Building Standards Code or the other regulations thereafter adopted pursuant to Section 17922 to amend, add, or repeal ordinances or regulations which impose the same requirements as are contained in the provisions adopted pursuant to Section 17922 and published in the California Building Standards Code or the other regulations adopted pursuant to Section 17922 or make changes or modifications in those requirements upon express findings pursuant to Sections 17958.5 and 17958.7. If any city or county does not amend, add, or repeal ordinances or regulations to impose those requirements or make changes or modifications in those requirements upon express findings, the provisions published in the California Building Standards Code or the other regulations promulgated pursuant to Section 17922 shall be applicable to it and shall become effective 180 days after publication by the California Building Standards Commission. Amendments, additions, and deletions to the California Building Standards Code adopted by a city or county pursuant to Section 17958.7, together with all applicable portions of the California Building Standards Code, shall become effective 180 days after publication of the California Building Standards Code by the California Building Standards Commission.
(b) Commencing June 1, 2025, until June 1, 2031, inclusive, a city or county shall not make changes that are applicable to residential units in the provisions adopted pursuant to Section 17922 and published in the California Building Standards Code or the other regulations thereafter adopted pursuant to Section 17922 to amend, add, or repeal ordinances or regulations which impose the same requirements as are contained in the provisions adopted pursuant to Section 17922 and published in the California Building Standards Code or the other regulations adopted pursuant to Section 17922 or make changes or modifications in those requirements upon express findings pursuant to Sections 17958.5 and 17958.7, unless one of the following conditions is met:
(1) The changes or modifications are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of January 1, 2025. (2) The commission deems those changes or modifications necessary as emergency standards to protect health and safety. (3) The changes or modifications relate to home hardening. (4) The building standards relate to home hardening and are proposed for adoption by a fire protection district pursuant to Section 13869.7.

SEC. 3. Section 17958.5 of the Health and Safety Code is amended to read:
17958.5. (a) Except as provided in subdivision (c) and in Section 17922.6, in adopting the ordinances or regulations pursuant to Section 17958, a city or county may make those changes or modifications in the requirements contained in the provisions published in the California Building Standards Code and the other regulations adopted pursuant to Section 17922, including, but not limited to, green building standards, as it determines, pursuant to the provisions of Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions. (b) For purposes of this section, a city or county may make reasonably necessary modifications to the requirements, adopted pursuant to Section 17922, including, but not limited to, green building standards, contained in the provisions of the code and regulations on the basis of local conditions. (c) Commencing June 1, 2025, until June 1, 2031, inclusive, a city or county shall not make a change or modification as described in subdivision (a) or (b), including to green building standards, that is applicable to residential units, unless one of the following conditions is met:
(1) The changes or modifications are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of January 1, 2025.

(2) The commission deems those changes or modifications necessary as emergency standards to protect health and safety. (3) The changes or modifications relate to home hardening. (4) The building standards relate to home hardening and are proposed for adoption by a local fire prevention district pursuant to Section 13869.7.

SEC. 4. Section 17958.7 of the Health and Safety Code is amended to read:
17958.7. (a) Except as provided in subdivision (c) and in Section 17922.6, the governing body of a city or county, before making any modifications or changes pursuant to Section 17958.5, shall make an express finding that such modifications or changes are reasonably necessary because of local climatic, geological, or topographical conditions. Such a finding shall be available as a public record. A copy of those findings, together with the modification or change expressly marked and identified to which each finding refers, shall be filed with the California Building Standards Commission. No modification or change shall become effective or operative for any purpose until the finding and the modification or change have been filed with the California Building Standards Commission. (b) The California Building Standards Commission may reject a modification or change filed by the governing body of a city or county if no finding was submitted.
(c) Commencing June 1, 2025, until June 1, 2031, inclusive, the commission shall reject a modification or change to any building standard affecting a residential unit and filed by the governing body of a city or county, unless one of the following conditions is met:
(1) The changes or modifications are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of January 1, 2025. (2) The commission deems those changes or modifications necessary as emergency standards to protect health and safety. (3) The changes or modifications relate to home hardening. (4) The building standards relate to home hardening and are proposed for adoption by a local fire prevention district pursuant to Section 13869.7.

SEC. 5. Section 18929.1 of the Health and Safety Code is amended to read:
18929.1. (a) Except as provided in subdivision (c), the commission shall receive proposed building standards from state agencies for consideration in an 18-month code adoption cycle. The commission shall develop regulations setting forth the procedures for the 18-month adoption cycle. The regulations shall ensure all of the following:
(1) Adequate public participation in the development of building standards prior to submittal to the commission for adoption and approval. (2) Adequate notice, in written form, to the public of the compiled building standards and their justification. (3) Adequate technical review of proposed building standards and accompanying justification by advisory bodies appointed by the commission. (4) Adequate time for review of recommendations by advisory bodies prior to action by the commission. (5) The procedures shall meet the intent of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 18930.
(b) Where this section is in conflict with other provisions of this part, the intent of this section shall prevail. (c) Commencing June 1, 2025, until June 1, 2031, inclusive, subdivision (a) shall not apply to any building standards affecting residential units and proposed building standards affecting residential units shall not be considered, approved, or adopted by the commission, unless eitkeany of the following conditions is met:
(1) The commission deems those changes necessary as emergency standards to protect health and safety. (2) The building standards relate to home hardening and are proposed for adoption by the Office of the State Fire Marshal. (3) The building standards are proposed for adoption in relation to standards researched pursuant to Section 13108.5.2. (4) The building standards are proposed for adoption pursuant to Sections 17921.9, 17921.11, or 18940.7 of this code, or Section 13558 of the Water Code.

SEC. 6. Section 18930 of the Health and Safety Code is amended to read:
18930. (a) Except as provided in subdivision (g), any building standard adopted or proposed by state agencies shall be submitted to, and approved or adopted by, the California Building Standards Commission prior to codification. Prior to submission to the commission, building standards shall be adopted in compliance with the procedures specified in Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. Building standards adopted by state agencies and submitted to the commission for approval shall be accompanied by an analysis written by the adopting agency or state agency that proposes the building standards which shall, to the satisfaction of the commission, justify the approval thereof in terms of the following criteria:
(1) The proposed building standards do not conflict with, overlap, or duplicate other building standards. (2) The proposed building standard is within the parameters established by enabling legislation and is not expressly within the exclusive jurisdiction of another agency.

(3) The public interest requires the adoption of the building standards. The public interest includes, but is not limited to, health and safety, resource efficiency, fire safety, seismic safety, building and building system performance, and consistency with environmental, public health, and accessibility statutes and regulations.
(4) The proposed building standard is not unreasonable, arbitrary, unfair, or capricious, in whole or in part. (5) The cost to the public is reasonable, based on the overall benefit to be derived from the building standards. (6) The proposed building standard is not unnecessarily ambiguous or vague, in whole or in part. (7) The applicable national specifications, published standards, and model codes have been incorporated therein as provided in this part, where appropriate.
(A) If a national specification, published standard, or model code does not adequately address the goals of the state agency, a statement defining the inadequacy shall accompany the proposed building standard when submitted to the commission. (B) If there is no national specification, published standard, or model code that is relevant to the proposed building standard, the state agency shall prepare a statement informing the commission and submit that statement with the proposed building standard. (8) The format of the proposed building standards is consistent with that adopted by the commission. (9) The proposed building standard, if it promotes fire and panic safety, as determined by the State Fire Marshal, has the written approval of the State Fire Marshal.
(b) In reviewing building standards submitted for its approval, the commission shall consider only the record of the proceedings of the adopting agency, except as provided in subdivision (b) of Section 11359 of the Government Code. (c) Where the commission is the adopting agency, it shall consider the record submitted to, and considered by, the state agency that proposes the building standards and the record of public comment that results from the commissions€TMs adoption of proposed regulations. (d) (1) The commission shall give great weight to the determinations and analysis of the adopting agency or state agency that proposes the building standards on each of the criteria for approval set forth in subdivision (a). Any factual determinations of the adopting agency or state agency that proposes the building standards shall be considered conclusive by the commission unless the commission specifically finds, and sets forth its reasoning in writing, that the factual determination is arbitrary and capricious or substantially unsupported by the evidence considered by the adopting agency or state agency that proposes the building standards.
(2) Whenever the commission makes a fmding, as described in this subdivision, it shall return the standard to the adopting agency or state agency that proposes the building standards for a reexamination of its original determination of the disputed fact. (e) Whenever a building standard is principally intended to protect the public health and safety, its adoption shall not be a a€oefactual determinations€❑ for purposes of subdivision (d). Whenever a building standard is principally intended to conserve energy or other natural resources, the commission shall consider or review the cost to the public or benefit to be derived as a a€cefactual determinations€❑ pursuant to subdivision (d). Whenever a building standard promotes fire and panic safety, each agency shall, unless adopted by the State Fire Marshal, submit the building standard to the State Fire Marshal for prior approval.
(f) Whenever the commission fmds, pursuant to paragraph (2) of subdivision (a), that a building standard is adopted by an adopting agency pursuant to statutes requiring adoption of the building standard, the commission shall not consider or review whether the adoption is in the public interest pursuant to paragraph (3) of subdivision (a).
(g) Commencing June 1, 2025, until June 1, 2031, inclusive, proposed building standards affecting residential units shall not be considered, approved, or adopted by the commission or any other adopting agency, unless eitkeany of the following conditions is met:
(1) The commission deems those changes necessary as emergency standards to protect health and safety. (2) The building standards relate to home hardening and are proposed for adoption by the Office of the State Fire Marshal. (3) The building standards are proposed for adoption in relation to standards researched pursuant to Section 13108.5.2. (4) The building standards are proposed for adoption pursuant to Sections 17921.9, 17921.11, or 18940.7 of this code, or Section 13558 of the Water Code.

SEC. 7. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to avert economic and social harm as a result of natural disasters and the severe lack of affordable housing in the state, it is necessary for this act to take effect immediately.

REVISIONS:

HeadingaE"Line 3.

AB 306

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ASSEMBLY THIRD READING
AB 306 (Schultz and Rivas)
As Amended March 12, 2025
2/3 vote. Urgency

SUMMARY
Imposes a moratorium on the adoption or modification of new state and local building standards affecting residential units from June 1, 2025 until June 1, 2031, with limited exceptions.

Major Provisions
1) Prohibits the California Building Standards Commission (CBSC) and any other adopting agency, from June 1, 2025, until June 1, 2031, from considering, approving, or adopting any proposed building standards affecting residential units unless any of the following conditions is met:
a) The CBSC deems those changes necessary as emergency standards to protect health and safety; b) The building standards are related to home hardening and are proposed for adoption by the Office of the State Fire Marshal (SFM);
c) The building standards are proposed for adoption in relation to the SFM's study of standards for single - exit, single stairway apartment houses with more than two dwelling units in buildings above three stories; or
d) The building standards are proposed for adoption pursuant to an adaptive reuse standards working group, to reduce potable water use in new residential buildings, or to support risk -based water quality standards for the onsite treatment and reuse of nonpotable water for certain residential buildings, as specified. 2) Prohibits a city or county from making changes or modifications to building standards affecting residential units, including to green building standards, from June 1, 2025 until June 1, 2031, unless one of the following conditions is met:
a) The changes or modifications are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of January 1, 2025; b) The CBSC deems those changes or modifications necessary as emergency standards to protect health and safety;
c) The changes or modifications relate to home hardening; or d) The building standards relate to home hardening and are proposed for adoption by a fire protection district pursuant to existing provisions governing the proposal of new standards by fire protection districts.
3) Requires CBSC to reject a modification or change to any building standard affecting a residential unit filed by the governing body of a city or county, from June 1, 2025 until June 1, 2031, unless one of the conditions in 2) above is met.
4) Includes an urgency clause.

COMMENTS
Background on Building Standards: Most building standards in use in California are developed and vetted at the national level every three years by technical organizations, academics, and trade associations that develop national consensus standards, which are then incorporated into the International Building Code (IBC), the national model code. State agencies with authority over various occupancies then review the IBC and amend as necessary for California's specific needs. There are around 20 state agencies that develop and propose standards via a public vetting process. A code advisory committee composed of experts in a particular scope of code reviews the proposed standards, followed by public review. The proposing agency considers feedback and may then amend the standards and re -submit them to the CBSC for consideration. CBSC reviews and adopts the standards and files them with the Secretary of State for codification and publishing, and there is a 180-day period during which local agencies file modifications and changes to the state codes (though they are not limited to this window). The new codes then take effect January 1 of the subsequent year following publication. Updates and changes to building standards are adopted on two timelines: through the triennial code adoption cycle which occurs every three years, and through the intervening code adoption cycle which provides an update to codes 18 months after the publication of the triennial codes. Regulatory activities for each cycle begin over two years before the effective date of the codes.

Local Amendments to State Codes: Local governments are provided wide latitude to make changes and modifications to the state codes — so long as they exceed or are more protective than the state baseline, not a reduction — and for codes affecting residential buildings (excluding energy "reach codes" which follow a different process), neither the CBSC nor statute requires the local modifications to include any cost determinations or economic impact analysis. Local governments simply have to include a finding in their filing with the CBSC that the modifications are "reasonably necessary because of local climatic, geological, or topographical conditions" (Health and Safety Code (HSC) Section 17958.7) or environmental conditions for green building standards. CBSC does not currently have the authority to review these findings for validity, merits, or the justification of reasonableness, nor do the local amendments have to follow more rigorous state review criteria requiring state building standards to "not [be] unreasonable, arbitrary, unfair, or capricious, in whole or in part" (HSC 18930(a)(4)) or have a "cost to the public [that is] reasonable, based on the overall benefit to be derived from the building standards" (HSC 18930(a)(5)).

Los Angeles Wildfires and Rebuilding Challenges: The fires in Southern California that began on January 7th displaced tens of thousands of Los Angeles County residents. Once the fires were extinguished, more than 13,000 homes and apartments had been destroyed. Disasters compound existing housing market challenges and the Los Angeles region had been in a severe housing affordability crisis well before the sudden destruction of 13,000 housing units. Many of the homes that burned in the fires were built decades ago, even before the state had adopted certain building standards which are now extremely robust, like the Energy Code which was first adopted in the late 1970s. In addition, not all affected properties were insured, or had minimal insurance that likely lacked building code upgrade/replacement coverage. Thus, some owners will not be able to draw on insurance payouts to assist with rebuilding older homes and apartments up to current code, as is generally required. Since these older homes and apartments were built, there have been many additions to state and local code requirements that owners will have to incorporate into their rebuilding plans in order to be issued building permits, including requirements to install fire sprinklers in all new dwellings, solar panels and battery storage in certain types of residential construction, larger electrical panel capacity and more 240V outlets for electric vehicles and appliances, and more.

It is likely to take fire victims who wish to rebuild several years to remediate sites, receive insurance payouts or FEMA financial assistance and line up financing, locate contractors and supplies, and pull permits to begin reconstruction. Given this lengthy rebuilding timeline and the frequency of code changes every 18 months, building codes will continue to be modified during the rebuilding period. While not all code modifications are significant, further changes to these requirements may present challenges to fire victims as building codes only "lock in" when a person receives a building permit from a local government.

Key Provisions of This Bill: This bill would impose a six -year moratorium on the proposal or adoption of new state building standards and modifications to building standards affecting residential units (new and existing) from June 1, 2025 until June 1, 2031. There are a small number of exceptions — first, if the standards are proposed via the existing emergency standards process and the CBSC agrees with the proposing agency that the standards meet the criteria for emergency adoption. Second, if the standards are proposed by the SFM and relate to home hardening. And third, for recently enacted legislation that directed code agencies to study and recommend changes to standards related to single -exit single stairway apartments, adaptive reuse of nonresidential buildings for residential uses, and the reduction of potable water use and treatment and reuse of nonpotable water in certain multifamily buildings.

This bill would also impose a six -year moratorium on the adoption of new local amendments and modifications to building standards affecting residential units (new and existing) from June 1, 2025 until June 1, 2031. Local agencies would be permitted to re -file amendments or modifications that are substantially equivalent to those that they already had in effect as of January 1, 2025 — in effect a "hold harmless" to allow the reauthorization of any local standards that are already in place — but new amendments impacting residential units would not be permitted unless they meet limited exceptions similar to the state exceptions.

Individuals may still choose to exceed the state baseline codes, as they always have the option to do. In addition, proposals impacting new and existing non-residential buildings would still be permitted to continue. All the items contained in the most recent triennial code that will take effect January 1, 2026 will continue to go into effect as planned, as those codes have already been adopted by the CBSC. Code agencies will still be able to bring new proposals to the CBSC through the emergency standards process if there is justification for the urgency of those standards. And agencies and stakeholders may continue to work on other non -emergency items and could have them ready to propose immediately upon expiration of the moratorium.

Frequency of Code Changes: Building codes are updated every 18 to 36 months. This frequency of changes means that when agencies are publishing final versions of triennial codes, they are already beginning to coordinate proposed changes for the next cycle before the ink is barely dry on the new codes. This rush to begin formulating amendments to codes that have not yet actually taken effect raises a number of concerns. Triennial and intervening code cycles effectively "back up" into each other, given the intensive calendar of code advisory committee reviews, public comment periods, and staff resources that must be allocated to develop and vet new changes and comply with regulatory timelines. The speediness of new changes also raises questions regarding the cost analyses that are required for standards, given there may not have been sufficient time for developments to have completed construction under the new standards (many projects take longer than 18 months to complete) and have quality data that agency staff can utilize when performing these cost analyses. Some agencies, like the Energy Commission, must perform more granular cost-effectiveness analyses of new standards, although these are amortized over an anticipated 30-year timeframe and involve complex energy and construction cost modeling.

Furthermore, once codes are in effect, a large array of individuals have to be trained up to the new requirements — including local building officials who are charged with implementing and enforcing the codes, planners and architects who design projects, contractors and subcontractors who are managing projects, various tradespeople responsible for the specific construction work, and building inspectors who have to sign off on the work being completed up to the relevant codes in effect at the time building permits were pulled. Temporarily pausing further changes will allow the current workforce and local building officials to learn the newest code requirements and have certainty that they will remain in place for six years such that they will not have to take time to re -learn and reconfigure certain practices every 18-to-36 months.

In addition, given the lengthy timeline for some development projects to get approvals and for affordable housing in particular to line up many financing sources, and in single-family projects with phased sequencing of tracts of a subdivision, projects sometimes have to be redesigned once or multiple times to keep up with new codes. For developers, time is money and delays and redesigns contribute to increased overall project costs. A temporary moratorium would provide certainty to both affordable and market -rate developers facing longer project timelines that significant redesigns or modifications will not be necessary to comply with new requirements.

Numerous Additional Directives and Mandates in Recent Years: The Legislature has passed and the Governor has signed multiple additional directives to research and propose new building standards in recent years. Some of the most impactful mandates have also come from outside stakeholders or the adopting agencies themselves (rather than the Legislature), like solar panel mandates and fire sprinkler requirements. There are a number of legitimate and important concerns that are addressed by these and many other elements of building standards for housing. However, the framework for proposing and adopting new standards leaves agencies in silos with regard to the volume or costs of new proposals that counterpart agencies are also simultaneously developing. Cost analyses are performed on each individual modification or for each respective chapter, not on the accumulation of the entirety of changes in each intervening or triennial cycle across all agencies. Holistic review is therefore difficult and while individual standards may increase costs by what appears a reasonable amount, from a different lens, the cost of the totality of all cumulative changes may be less reasonable. In addition, cost impacts to affordable housing developments are less visible in these analyses as these increased costs are indirectly borne by the state via higher per -unit development costs in the state's grant, tax credit, and loan financing programs rather than extrapolated as a direct impact to the state budget in the evaluation process.

Limited GHG Benefits from Continued Increases in New Housing Standards: The state has made significant strides over the last decade to increase stringency in energy efficiency for new residential construction. To that end, under the bill, the increased performance standards, electric -ready requirements and retrofit mandates contained in the most recent 2025 Energy Code update will still take effect and the proposed moratorium would become active after.

Stanford University's Pathways to Carbon Neutrality in California (2022) report on existing buildings points to the diminishing returns of continuing to increase energy efficiency requirements for new residential buildings.

This is due to a number of factors, including the slow pace of residential construction, which has rarely exceeded 100,000 units per year since 2018 (according to HCD's Annual Progress Report Data Dashboard), in contrast with the roughly 14.6 million existing housing units in the state, many of which were constructed before the Energy Code existed, let alone the robust energy efficiency requirements elevated in more recent code cycles.

Given the longevity of building use, most of these existing homes will still be in use for decades more. The volume of energy consumption from existing homes as compared to new homes is drastically higher. New homes consume a small fraction of the amount of the energy consumed in existing homes, such that a 5% energy savings achieved in existing homes would amount to the same as 10 years' worth of new net -zero residential construction.

Challenges with Mandating Retrofits and Alterations to Existing Housing: Despite the high emission reduction impact possible with a focus on existing homes, there are significant challenges with how to achieve these retrofits and upgrades — for example, availability of labor familiar with newer technologies, upfront costs that lower income residents may not be able to bear while waiting for rebates or incentives, high electricity rates, and more. In addition, while homeowners face one set of costs and incentives when making decisions about when and how to upgrade and retrofit their homes, property owners with tenants in rental units may face an entirely different set of costs/incentives and tenants may be negatively impacted.

Strategic Actions for a Just Economy's Decarbonizing California Equitably: A Guide to Tenant Protections in Building Upgrades/Retrofits Throughout the State (2023) identifies a number of these challenges if energy efficiency retrofit policies for existing residential units are not carefully crafted with possible repercussions to tenants — especially low-income tenants — in mind. While tenants may benefit from energy savings on utility bills, property owners are likely to pass on costs of retrofit/upgrade work to tenants in the form of increased rents. Disruptions from construction work may negatively impact habitability in the tenant's home or may necessitate they relocate for days or weeks (possibly at their own expense), and tenants who lack robust eviction protections may face "renoviction" if a property owner seeks to remove a tenant entirely to perform the work in question. Given the long-term ripple effects of the displacement wrought by the fires (and risk of more displacement from future disasters) pushing thousands more people into the Los Angeles region's extremely tight housing market, imposing additional retrofit requirements — of any kind, not just with regard to energy codes — on the existing residential stock may inadvertently cause further displacement of tenants and increased rents.

According to the Author
"California has a multi -million unit housing deficit. This mismatch of supply and demand has resulted in our longstanding housing crisis. Our home prices are double the national average, a majority of renters sacrifice basic needs like food and health care to pay for housing, and we have an astonishing level of homelessness, exceeding 180,000 unhoused Californians. The recent fires in Los Angeles have only exacerbated these housing issues.

California's building codes are some of the most energy -efficient and protective of health and life safety in the nation, but the cumulative impact of ever more aggressive building code updates has measurably increased the cost of new housing construction. Industry stakeholders estimate the upfront cost increases of the code changes made over the last 15 years to be in the $50,000-$100,000 range per single-family unit, not including further cost pressures from local modifications.

AB 306 would pause additional changes to state building standards affecting residential construction for six years, excluding emergency changes necessary for protecting health and safety and home hardening. This bill would also prohibit local governments from making new modifications to residential building standards for six years, with limited exceptions.

This moratorium will bring more certainty to the home construction industry and help stem further construction cost increases, given the demand surge from the volume of homes and apartments that will need to be rebuilt in Los Angeles. Freezing the codes affecting residential construction will prevent further cost increases for new homes and apartments. Pausing further changes will also allow the current contractor workforce and local building officials to absorb the newest code requirements and have certainty that they will remain in place for six years such that they will not have to take time to relearn and reconfigure certain practices every 18-to-36 months.

Given it is likely to take affected individuals several years to remediate sites, receive insurance payouts or financial assistance and line up financing, locate contractors and supplies, and pull permits to begin reconstruction, further increases and changes to building standards requirements will only make the rebuilding process more difficult and costly for residents."
Arguments in Support
According to the California Housing Consortium, "The affordable housing industry is under immense financial stress for various reasons, including the high cost of building housing in California. Excessive state and local regulatory requirements drive up the cost of building affordable housing in our state, including building code requirements that go above and beyond what is needed to protect the health and safety of California residents.

These requirements are often imposed without a holistic review that analyzes the aggregate impacts of various state and local regulatory requirements and how these add to the cost of producing affordable housing. By pausing additional changes to state and local building standards for residential construction, AB 306 would provide affordable housing developers with relief from unexpected increases in project costs associated with changes to building code requirements."
Arguments in Opposition
According to a coalition of environmental and energy groups, including the Climate Action Campaign, Natural Resources Defense Council, and US Green Building Council — Los Angeles, "While the bill allows exceptions for 'health and safety standards' and 'fire hardening' [... ] AB 306 omits consideration of green building standards as a basis for acceptable code updates. This omission implies that the authors believe sustainability measures impose an unjustifiable cost on homeowners and developers. Is this the authors' intention? Some of our issues of concern include protecting new reach codes, EV charging requirements, energy efficiency upgrades, elimination of NOx-emitting appliances, and achievement of greenhouse gas reduction goals —all of which are being addressed by forward -thinking building codes in development around California. We hope that halting this progress towards a cleaner, healthier future is not the author's intent."

FISCAL COMMENTS
According to the Assembly Committee on Appropriations:

CBSC and HCD will each incur costs, likely in the hundreds of thousands of dollars annually, to evaluate each statewide rulemaking proposal and each local modification proposal that affects residential units to determine if the proposal meets the bill's exemption criteria.
1) CBSC estimates annual costs of approximately $262,000 for six years (Service Revolving Fund) for one permanent staff position to perform the additional analyses necessary to determine if a local or statewide proposal meets the exemption criteria of fire and life safety or home hardening. CBSC indicates it lacks existing staff with the needed background to evaluate these issues because these reviews typically fall under the authority of the Office of the State Fire Marshal.

Further, CBSC indicates staff will need to review local modification and change proposals in more detail to compare each ordinance to those already codified from the previous year, and to ensure they are substantially similar or equivalent, not more restrictive than previous years. CBSC notes the bill requires CBSC to make its own determination on whether the ordinance is substantially similar or equivalent, unlike CBSC's existing process, which relies on findings made by the local agency. CBSC anticipates these additional responsibilities will at least double the staff time needed to review these proposals, but anticipates these costs will be minor and absorbable.
2) HCD estimates ongoing General Fund costs of $226,000 annually, beginning in fiscal year 2026-27, for one staff position to handle increased inquiries from CBSC to ascertain whether local code changes fall under an exemption and to advise CBSC on local amendments. HCD notes CBSC has no direct authority for residential building standards and will most likely require HCD's assistance reviewing local code amendments. Additionally, HCD anticipates the need to provide technical assistance to local government agencies, builders, design professionals, and the public and will likely need to create and publish clarifying information.

HCD further indicates it may require additional positions once the moratorium is lifted in 2031, when it expects to face a significant surge in workload to update and implement multiple building standard changes delayed during the six -year pause.
3) The California Energy Commission (CEC) anticipates no costs from this bill. 4) The cost, if any, to the SFM is unknown at this time.

VOTES
ASM HOUSING AND COMMUNITY DEVELOPMENT: 12-0-0
YES: Haney, Patterson, Avila Farias, Caloza, Gallagher, Kalra, Lee, Quirk -Silva, Ta, Wicks, Wilson, Gabriel ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Elhawary, Fong, Mark Gonzalez, Hadwick, Hart, Pacheco, Pellerin, Solache, Ta
ABS, ABST OR NV. Dixon

UPDATED
VERSION: March 12, 2025
CONSULTANT: Nicole Restmeyer / H. & C.D. / (916) 319-2085 FN: 0000170

4%LEAGUE OF ATTACHMENT A
k CALIFORNIA
CITIES

HOUSING, COMMUNITY, AND ECONOMIC DEVELOPMENT POLICY COMMITTEE Legislative Agenda
Staff: Brady Guertin, Legislative Affairs Lobbyist
Waleed Hojeij, Legislative Affairs and Policy Analyst

1. AB 306 (Schultz) Building regulations: state building standards.

Bill Summary:

This measure would put a six -year moratorium on state and local building standards unless the regulations address a small set of specific issues beginning in June 2025 and ending in June 2031.

Bill Description:

Specifically, AB 306 would:
• Impose a six -year moratorium from June 1, 2025, until June 1, 2031, on adopting or modifying state and local building standards affecting residential units. • The following building standards would be exempt from the law:
o Emergency standards to protect health and safety.

Building standards related to home hardening and are proposed for adoption by the Office of the State Fire Marshal.
o Addressing single -exit, single -stairway apartment homes. o Address adaptive reuse residential projects.
o Address water efficiency in new buildings.

Prohibits a local agency from making changes or modifications to building standards affecting residential units, including green building standards unless the following conditions are met:
o The changes or modifications are substantially equivalent to changes or modifications previously filed by the local government that were in effect as of January 1, 2025.
o The California Building Standards Commission deems those changes or modifications necessary as emergency standards to protect health and safety.
o The changes or modifications are related to home hardening. o The building standards relate to home hardening and are proposed for adoption by a fire protection district pursuant to existing provisions governing the proposal of new standards by fire protection districts.

Background: Title 24 of California's Code of Regulations, also known as the California Building Standards Code, is adopted every three years by multiple state agencies and focuses on what regulations construction must comply with to get a permit approved for a residential development project. The standards in Title 24 cover a variety of issues,

including health and safety regulations for new and existing construction, green residential building standards such as solar energy system requirements or electric vehicle charging stations, and other necessary standards that developments must follow to promote public health and safety in the built environment. Local governments are tasked with adopting the building codes locally and may pass more stringent regulations than state law if the local government chooses. These local standards or "reach codes" must get approval from the California Building Standards Commission before implementation.

Building standards undergo a rigorous public review process at the state level every three years, including 18 months of public hearings, feedback, and discussion with the public and construction industry experts. The experts involved in the rulemaking process include developers, engineers, architects, building officials, and other experts in building design and construction. In addition to robust public feedback and review, standards must have a cost -benefit analysis before approval to ensure they are feasible and not overly burdensome to development. Local governments adopt these regulations locally and can go further than the minimum regulations to address local climactic, geographic, or topographic conditions.

After standards are adopted at the state and local level, local building departments and their staff review new development projects for compliance with the most recent California Building Code regulations. These services are provided through inspection and service fees that can be no more than the cost of providing the service locally.

According to the author of AB 306, "This moratorium will bring more certainty to the home construction industry and help stem further construction cost increases, given the demand surge from the volume of homes and apartments that will need to be rebuilt in Los Angeles. Freezing the codes affecting residential construction will prevent further cost increases for new homes and apartments. Pausing further changes will also allow the current contractor workforce and local building officials to absorb the newest code requirements and have certainty that they will remain in place for six years such that they will not have to take time to relearn and reconfigure certain practices every 18-to-36 months."
Existing Cal Cities Policy:

Building Standards
Cal Cities supports flexibility in the adoption and implementation of health and safety standards contained in the building codes. Statutes should maximize local control over standards applying to local conditions. Cal Cities opposes new standards imposed by statute rather than regulation. Cal Cities opposes attempts to have multiple state agencies develop specific or subject -related building standards. New building standards should be proposed through the California Standards Commission. Cal Cities supports authorizing cities to adopt independent occupancy standards to prevent overcrowding and associated health and safety hazards, including fire -related fatalities.

Green Building Guidelines
Cal Cities encourages state agencies to provide leadership in developing voluntary, model statewide residential green building guidelines that will provide information to local 2 jurisdictions on how to evaluate and use different green building strategies. Additionally, Cal Cities encourages cities to adopt voluntary residential green building guidelines as a reference guide, to evaluate available green building programs and adopt those best suited for their communities, and to explore incentives to encourage green building by private developers of residential construction projects.

Energy and Water Conservation and Efficiency
Cal Cities encourages energy efficiency, water efficiency, and sustainable building practices in new and existing public, residential, and commercial buildings and facilities.

This may include using the U.S. Green Building Council's LEED program or similar systems.

Fiscal Impact:

None
Staff Comments:

Historically, local governments and the state have exempted residential construction from building codes except when necessary to protect health and safety when rebuilding after a natural disaster such as a wildfire or flood. This measure would extend those protections statewide for all new construction during the next six years. Building codes add costs to development but also provide tools to help implement other state and local priorities, such as reducing greenhouse gas emissions, implementing new technological advancements, and responding to local climactic, geographic, or topographic conditions. It should be noted that the 2025 Building Code Regulations are currently working through the code adoption process this year. Local governments would be tasked with adopting the new regulations locally in January of next year under current law; however, should this bill get signed into law, local agencies would not need to adopt this year's regulations as the moratorium begins in June unless the new code proposals meet one of the exemptions listed in the measure.

Support:

American Planning Association, California Chapter
California Apartment Association
California Building Industry Association
California Housing Consortium
California Housing Partnership Corporation
Valley Industry and Commerce Association
Opposition:
350 Bay Area Action
350 Conejo / San Fernando Valley
350 Humboldt
350 Marin
350 Sacramento
350 Southland Legislative Alliance
Acterra: Action for A Healthy Planet
Active San Gabriel Valley
Ban Sup (single Use Plastic)
California building Officials
California Solar & Storage Association
California State Association of Electrical
Workers
California State Pipe Trades Council
Carbon Free Palo Alto
Carbon Free Silicon Valley
Climate Action California
3 Climate Action Campaign
Climate Action Petaluma
Climate Reality Contra Costa County
Policy Action Squad
Climate Reality Project San Diego
Climate Reality Project, California
Coalition
Climate Reality Project, Los Angeles
Chapter
Climate Reality Project, Orange County
Climate Reality Project, San Fernando
Valley
Cool Petaluma
Design Avenues LLC
Elders Climate Action, NorCal and
SoCal Chapters
Glendale Environmental Coalition
Greenbank Associates
Habitable Designs
Home Energy Analytics, INC.

Leading Change Consulting and
Coaching
Marin Conservation League
Marin/Sonoma Building Electrification
Squad
Mothers Out Front California
Mothers Out Front Silicon Valley
Natural Resources Defense Council
Negawatt Consulting
Peninsula Interfaith Climate Action
Project Green Home
Public Citizen
Resilient Palisades
San Diego Building Electrification
Coalition
San Francisco Baykeeper
Sandiego350
Santa Cruz Climate Action Network
SoCal 350 Climate Action
Sonoma County Climate Activist
Network
Sustainable San Mateo County
Third ACT SoCal
Transformative Wealth Management
LLC
Trinity Respecting Earth and Environment
(TREE)
U.S. Green Building Council - Los
Angeles
Vector Green Power, LLC
Western States Council Sheet Metal, Air,
Rail and Transportation
Staff Recommendation:

Staff recommends the committee discuss AB 306 and make a recommendation to the Board.

Committee Recommendation:

Board Action:
4 Item No. 17

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 8, 2025
SUBJECT: Receive Presentation Regarding Mail Theft Legislative Efforts and Consider Regional Approach to the Same (At the Request of Council Member Rahn) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council receive a presentation regarding mail theft legislative efforts and consider a regional approach to the same.

BACKGROUND: On March 25, 2025, the City Council unanimously approved the placement of this item on the agenda at the request of Council Member Rahn. With the rise in mail theft across the nation, several local and state jurisdictions have engaged in efforts to combat the same. Existing law addresses mail theft as a crime. Copies of Penal Code Sections 530.5 and 666.1 and 18 USC 1708 are attached. Other laws may also apply (identity theft, petty theft, stolen property, etc.)
The relevant portion of Penal Code Section 530.5(e) states that "Every person who commits mail theft, as defined in Section 1708 of Title 18 of the United States Code, is guilty of a public offense, and upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. "
The relevant portion of 18 USC 1708 states that "Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letterbox, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein, Shall be fined under this title or imprisoned not more than five years, or both. "
The City of Temecula and the Riverside Sheriff's Office have both provided resources to the community to raise awareness of the issue and promote mail theft prevention. Detailed information can be found on both websites - hgps://temeculaca.gov/1622/Mail- TheftVandalismTampering and hgps:// www.riversidesheriff.org/398/Mail-Theft . In addition, the

United States Postal Inspection Service and the Riverside Sheriff's Office recently entered into a Memorandum of Understanding (MOU) to develop a cooperative effort between local, state and federal agencies charged with the investigation and prosecution of criminal offenses involving mail theft and other crimes. The City also continues to have conversations with local stakeholders, including RSO and the Post Master, to find solutions to challenges related to post office box replacement, lock and key adjustments, etc.

It is recommended that the City Council discuss the matter and provide staff general direction regarding the same.

FISCAL IMPACT: None
ATTACHMENTS: 1. Penal Code Section 530.5

2. Penal Code Section 666.1

3. United States Code, Title 18, Section 1708

`Ir STATE O F CALI FO RN IA
!'E AUTHENTICATED
EL
•.0 ELECTRONIC LEGAL MATERIAL
State of California

PENAL CODE
Section 530.5
530.5. (a) Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. (b) In any case in which a person willfully obtains personal identifying information of another person, uses that information to commit a crime in addition to a violation of subdivision (a), and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime.
(c) (1) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment.
(2) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and who has previously been convicted of a violation of this section, upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.
(3) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of 10 or more other persons is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.
(d) (1) Every person who, with the intent to defraud, sells, transfers, or conveys the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.

(2) Every person who, with actual knowledge that the personal identifying information, as defined in subdivision (b) of Section 530.55, of a specific person will be used to commit a violation of subdivision (a), sells, transfers, or conveys that same personal identifying information is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment.
(e) Every person who commits mail theft, as defined in Section 1708 of Title 18 of the United States Code, is guilty of a public offense, and upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. Prosecution under this subdivision shall not limit or preclude prosecution under any other provision of law, including, but not limited to, subdivisions (a) to (c), inclusive, of this section. (f) An interactive computer service or access software provider, as defined in subsection (f) of Section 230 of Title 47 of the United States Code, shall not be liable under this section unless the service or provider acquires, transfers, sells, conveys, or retains possession of personal information with the intent to defraud. (Amended by Stats. 2011, Ch. 15, Sec. 383. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

Ili STATE OF CALIF O RNIA

AUTHENTICATED
RURrnki ELECTRONIC LEGAL MATERIAL
State of California

PENAL CODE
Section 666.1
666.1. (a) (1) Notwithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison. (2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Sections 487, 487h, and in Chapter 5 (commencing with Section 484) of Title 13 of Part 1.
(C) Theft from an elder or dependent adult, as described in Section 368. (D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Carjacking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section 496. (I) Shoplifting, as described in Section 459.5.
(J) Identity theft and mail theft, as described in Section 530.5. (b) A person subject to charging under this section or actually charged with this section may be referred by a prosecuting attorney's office or by a county probation department to a theft diversion or deferred entry of judgment program pursuant to Section 1001.81. If appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program.
(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
(d) This section shall not be construed to preclude prosecution or punishment pursuant to any other law.
(Added November 5, 2024, by initiative Proposition 36, Sec. 9. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.)

18 USC 1708: Theft or receipt of stolen mail matter generally Text contains those laws in effect on March 25, 2025
From Title 18-CRIMES AND CRIMINAL PROCEDURE

PART I -CRIMES
CHAPTER 83-POSTAL SERVICE
Jump To:

Source Credit
Miscellaneous
Amendments
§1708. Theft or receipt of stolen mail matter generally Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein; or Whoever steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or Whoever buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted - Shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 779 ; May 24, 1949, ch. 139, §39, 63 Stat. 95 ; July 1, 1952, ch. 535, 66 Stat. 314 ; Pub. L. 103-322, title XXXIII, §330016(1)(1), Sept. 13, 1994, 108 Stat. 2147 .)

HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 18, U.S.C., 1940 ed., §§317, 321 (Mar. 4, 1909, ch. 321, §§194, 198, 35 Stat. 1125 , 1126; May 18, 1916, ch. 126, §10, 39 Stat. 162 ; July 28, 1916, ch. 261, §1, 39 Stat. 418 ; Feb. 25, 1925, ch. 318, 43 Stat. 977 ; May 7, 1934, ch. 220, §1, 48 Stat. 667 ; Aug. 26, 1935, ch. 693, 49 Stat. 867 ; Aug. 7, 1939, ch. 557, 53 Stat. 1256 ).

Each of these two sections has been divided. Provisions relating to theft or larceny of mail were placed in this section.

Words 'letter box, mail receptacle, or any mail route" are from section 321 of title 18, U.S.C., 1940 ed. Such receptacles are authorized depositaries. (See Rosen v. United States, N.Y. 1917, 38 S.Ct. 148, 245 U.S. 467, 62 L.Ed. 406, and Foster v. Biddle, C.C.A. Kan. 1926, 14 F.2d 280, involving indictment under section 317 of title 18, U.S.C., 1940 ed.) No cases are reported of prosecutions for mail theft under section 321 of title 18, U.S.C., 1940 ed., which relates primarily to malicious mischief respecting letter boxes.

Language omitted from section 317 of title 18, U.S.C., 1940 ed., and all of section 321 of title 18, U.S.C., 1940 ed., except that above quoted, was incorporated in sections 1702 and 1705 of this title.

Words "or aids in buying, receiving, or concealing" were omitted as unnecessary in view of the definition of principal in section 2 of this title.

The smaller penalty for an offense involving $100 or less was added. (See sections 641 and 645 of this title.) Minor changes were made in phraseology.
1949 ACT
This section [section 39] corrects a typographical error in section 1708 of title 18, U.S.C.

EDITORIAL NOTES

AMENDMENTS
1994-Pub. L. 103-322 substituted "fined under this title" for "fined not more than $2,000" in last par. 1952-Act July 1, 1952, made any thefts or receipt of stolen mail a felony regardless of the monetary value of the thing stolen. 1949-Act May 24, 1949, substituted "buys" for "buy" in third par.

Item No. 18

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Aaron Adams, City Manager
DATE: April 8, 2025
SUBJECT: Consider Pilot Program for Community Education and Distribution of Narcan (At the Request of Mayor Pro Tern Alexander)
PREPARED BY: Kevin Hawkins, Assistant City Manager
RECOMMENDATION: That the City Council consider a pilot program for community education and distribution of Narcan and provide general direction regarding the same.

BACKGROUND: Between January and December 2024, authorities seized approximately 21,103 pounds of fentanyl at US borders. That is 16% less than had been seized by the same point in 2023.

Although there are legal ports of entry throughout the US, fentanyl is primarily trafficked across the Southwest Border, with 88% of it passing through official southwest ports of entry and 9% seized elsewhere along the Southwest Border.

There is significant risk that illegal drugs have been intentionally contaminated with fentanyl. Because of its potency and low cost, drug dealers have been mixingfentanyl entanyl with other drugs including heroin, methamphetamine, and cocaine, increasing the likelihood of a fatal interaction.

As the City Council and community heard recently at the March 11, 2025, City Council meeting, from the heartbreaking account by Matt Capelouto regarding his daughter, Alexandra, it is possible for someone to take a pill without knowing it contains fentanyl. It is also possible to take a pill knowing it contains fentanyl, but with no way of knowing if it contains a lethal dose.

According to the CDC, synthetic opioids (like fentanyl) are the primary driver of overdose deaths in the United States.
• More than 107,000 people lost their lives to a drug overdose in 2023, with nearly 70 percent of those deaths attributed to opioids such as fentanyl. • The latest DEA laboratory testing, announced in fall 2024, indicates that 5 out of 10 pills tested contain a potentially deadly dose of fentanyl.
• Two milligrams of fentanyl are considered a lethal dose. For perspective, one gram of fentanyl, equivalent in size to a sugar packet, has the potential to kill up to 500 people.

Naloxone is a life-saving medication used to reverse an opioid overdose, including heroin, fentanyl, and prescription opioid medications. Naloxone can be quickly given through nasal spray (Narcan®) in the nose. Narcan is safe and easy to use, works almost immediately, and is not addictive. Narcan has very few negative effects, and has no effect if opioids are not in a person's system.

DISCUSSION: An important part of a Narcan distribution program is to provide training to individuals who may give Narcan. Recently, the City Manager's Office, Fire Chief Crater, RSO Captain Rigali, and Lt. Pierson met with Mayor Pro Tern Alexander on the topic of potentially integrating Narcan education into the City of Temecula's training programs. This initiative would complement the existing life safety courses offered by the City's Fire Department to the community, such as CPR training. The intent is to educate and distribute Narcan to Temecula residents/businesses/families who are trained, so that they can have Narcan in their homes or place of work, providing a life-saving resource in the unfortunate event of an opioid or fentanyl overdose.

Prior to the Community education and training implementation, Fire and HR/Risk Management staff will provide City staff; with an identified field and public interaction role, with an opportunity to be trained and obtain Narcan as well.

These training modules are currently under development and will be reviewed by Public Safety, City Administration and Risk & HR Management.

Good Samaritan Law
California laws protect persons who give Narcan and makes Narcan more readily available.

A person cannot be liable for any civil damages that result from his or her providing of emergency care, if:

1. The person acted in good faith, and not for compensation

2. The person provided either emergency medical care or nonmedical care; and

3. The care was provided at the scene of an emergency.

These proposed efforts, along with previous public safety initiatives reflect Temecula's commitment to a Safe and Prepared Community and an Accountable & Responsive City Government.

FISCAL IMPACT: Staff has identified a reliable source through a County Program/Riverside University Health System (RUHS) that allows the City (and local law enforcement agencies) to obtain Narcan in bulk for free, specifically for community distribution and training.

ATTACHMENTS: Proposed Training Module

Course Title: Narcan Training for City of Temecula Employees Course Descriotion:

In partnership with CalFire, Riverside County Sheriff's Office (RSO), and Riverside University Health Systems (RUHS), the City of Temecula designed this course to equip employees with the knowledge and skills needed to recognize and respond to an opioid overdose, including the proper administration of naloxone (Narcan) to reverse the effects of an overdose. Participants will learn how opioids affect the body, the signs and symptoms of an opioid overdose, and step-by-step Instructions for administering Narcan safely and effectively.

This course will also cover the Good Samaritan Law, which provides legal protection for individuals who assist in an overdose emergency. By the end of this training, participants will feel confident in their ability to take life-saving action while understanding their rights and responsibilities under the law.

Learning Objectives:
• Understand the impact of opioids and the risk of overdose • Identify the signs of an opioid overdose
• Learn how to administer naloxone (Narcan) properly
• Recognize the importance of calling emergency services • Gain awareness of the Good Samaritan Law and its legal protections

Classes
Narcan Training-2
r[jn Apr 17, 2025 from 10-OCAM - 11 00AM Q° Conference Center ® enrolled: 0110 R InstructorM: NIA
Narcan Training-1
8 Apr 14, 2025 from 08:OOAM - 09 ROAM Q Conference Center ® Enrolled: 0110 I.M—torfsy: NIA
Certificate of Course Completion
This certificate is awarded to
Jahn D o e
For successful complef-on of
Narcan Training
Course duration: lh OOTn
NAR-2025
03/2612025
Human Resources

Item No. 19

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Erica Russo, Director of Community Services
DATE: April 8, 2025
SUBJECT: Receive Recommendations Related to Old Town Events and Road Closures and Provide General Direction Regarding the Same (At the Request of Council Members Schwank and Stewart)
PREPARED BY: Tracy Tomines, Community Services Supervisor II RECOMMENDATION: That the City Council receive recommendations related to Old Town events and road closures and provide general direction regarding the same.

BACKGROUND: The City of Temecula hosts many events throughout the year at its facilities and parks. On March 11, 2025, staff provided City Council with an overview of the events which require road closures in Old Town, including the road closure duration, estimated budget, and average attendance, as well as proposals to combine or relocate some events. The City Council voted to discontinue the annual Ice Rink in Old Town and referred additional discussion of Old Town events to the Parks, Recreation, and Community Services Subcommittee consisting of Council Members Schwank and Stewart.

The Council Subcommittee met for over 2.5 hours at a publicly noticed meeting on April 2, 2025 and discussed the significant RDA/City/Events/Staff Investment over the years, creating the successful business and family -friendly (heart of Temecula) destination we enjoy today. As such, the Council Subcommittee's specific recommendations included:
- Create a strategic vision for a collaborative approach to develop and maintain Old Town's unique "sense of place" to benefit the entire community
- Maintain a balance of support for local businesses while attracting people to Old Town - Align events with other events in neighboring cities where appropriate - Evaluate viability of relocating some events, charging admission for certain experiences (e.g., VIP seating or parking), and enhancing event experiences whenever possible such as adding a "Great Pumpkin" photo opportunity to the Halloween Carnival - Implement advanced signage to announce events
- Proactively utilize available technology such as the Old Town sound system to promote events and road closures

- Improve coordination with Old Town restaurants to help communicate information to patrons about upcoming events and impacts to parking and access - Reimagine Veteran's Day celebration as Saturday afternoon community event at City Hall - Combine Health Fair and Emergency Preparedness Fair into single event - Relocate Ride the Vines vendor expo to Epperson Lot
- Relocate Juneteenth to Sam Hicks Monument Park
- Reduce duration of Culture Fest from I Oam-3pm to I Oam-2pm - Reduce duration of Cartoon-a-Paloozah from I Oam-5pm to I Oam-3pm - Reduce duration of Sunset Market from May to mid -October and from 5-9pm to 4-8pm - No changes are recommended to Community Services Expo, Rod Run, Summer Concert Series, Fourth of July Parade, Fourth of July Extravaganza, Halloween Carnival, Pechanga Pu'eska Mountain Day, Santa's Electric Light Parade, or New Year's Eve Grape Drop.

Staff is returning to the full City Council for direction on these recommendations and related general direction.

FISCAL IMPACT: All events are currently included in the Annual Operating Budget.

Cancellation or combination of one or more events may potentially result in budget savings.

ATTACHMENTS: None

REQUESTS TO SPEAK

REQUEST TO SPEAK
Ark

CITY OF TEMECULA
Date: Y 1` r 1 Zo
Public Comment: Non-Agenda Item: x) Agenda Item:

Item Description or Item No. L/ti c- `-U N^A"'Ln11- 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.

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Temecula City CouncilApril 8, 2025

Temecula City Council
April 8, 2025