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040919 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 9, 2019 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. CLOSED SESSION - 6:30 P.M. Conference with Legal Counsel - Existing Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) to discuss one case, the County of Santa Cruz, et al., v. Bureau of Cannabis Control, et al. This case was filed in the Fresno County Superior Court. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Susan Miyamoto Invocation: Pastor Tim Thompson of 412 Murrieta Flag Salute: Council Member James "Stew" Stewart ROLL CALL: Edwards, Rahn, Schwank, Stewart, Naggar PRE SENTATIONS/PROCLAMATIONS Presentation of Certificate of Recognition to Chaparral High School Science Olympiad Team PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward. For all Public Hearing or Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the City Council addressing that item. On those items, each speaker is limited to five minutes. Page 1 City Council Agenda April 9, 2019 CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 1. Waive Reading of Standard Ordinances and Resolutions Recommendation: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. Attachments: Agenda Report 2. Approve the Action Minutes of March 26, 2019 Recommendation: That the City Council approve the action minutes of March 26, 2019. Attachments: Minutes 3. Approve the List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Attachments: Agenda Report Resolution List of Demands 4. Approve the Placement of the Karel Lindemans Memorial Bridge Sign on Overland Drive Recommendation: That the City Council approve the placement of the Karel Lindemans Memorial Bridge Sign on Overland Drive. Attachments: Agenda Report Sign Proof 5. Approve Funding for Michelle's Place to Enable the Expansion of the Cancer Resource Center (At the Reauest of Subcommittee Members Mavor Naimar and Council Member Edwards) Page 2 City Council Agenda April 9, 2019 6. 7. Recommendation: That the City Council approve funding for Michelle's Place to enable the expansion of the Cancer Resource Center, in an amount not to exceed $58,000 based on al:2 matching donation representing one City dollar for every two dollars otherwise donated towards the building expansion, and appropriate said amount from the General Fund unassigned fund balance. Attachments: Agenda Report Approve the Three -Year Agreement with Thomson Reuters for Annual Subscription to the CLEAR for Law Enforcement Plus Online Database for the Temecula Police Department Recommendation: That the City Council approve the three-year agreement with Thomson Reuters for the annual subscription to the CLEAR for Law Enforcement Plus Online Database in the amount of $33,782.19. Attachments: Agenda Report Agreement and Addendum Approve a List of Projects to be Funded by Senate Bill 1 (SB 1) for Fiscal Year 2019-20 Recommendation: Attachments: That the City Council adopt a resolution entitled: RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A LIST OF PROJECTS TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 Agenda Report Resolution Fxhihit A 8. Accept Skyyiew Park into the City -Maintained Park System Located Southwesterly of the Intersection of Murrieta Hot Springs Road and Roripau hh Valley Road Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING SKYVIEW PARK INTO THE CITY -MAINTAINED PARK SYSTEM Attachments: Agenda Report Resolution Location Map Page 3 City Council Agenda April 9, 2019 9. Approve Specifications and Authorize Solicitation of Construction Bids for Pavement Rehabilitation Program - Rancho Vista Road, Paseo Goleta to Butterfield Stage Road, PW 19-01 Recommendation: That the City Council: 1. Approve the specifications, and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program - Rancho Vista Road, Paseo Goleta to Butterfield Stage Road; 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301 Existing Facilities, of the CEQA Guidelines. Attachments: Agenda Report Project Description Project Location Map 10. Adopt a Resolution and Authorize the City Manager to Approve and Execute Documents Related to the Exchange Agreement between the City of Temecula and Tri Pointe Homes, Inc. (Lot 87 Easement and Drainage Easement) Recommendation That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED EXCHANGE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND TRI POINTE HOMES, INC. (LOT 87 EASEMENT AND DRAINAGE EASEMENT) 2. Authorize the City Manager to approve and execute any necessary documents, including the Forms of Grant of Lot 87 Drainage Easement and Grant of Permanent Easement attached as Exhibits "D" and "E", respectively, to the Exchange Agreement, and to take all necessary actions to complete the two grant of easements, including without limitations, all escrow instructions. Attachments: Agenda Report Resolution Exchange Agreement Grant of Drainage Easement Grant of Permanent Easement Location Map Page 4 City Council Agenda April 9, 2019 11. Award a Construction Contract to EBS General Engineering, Inc. for Citywide Concrete Repairs for Fiscal Years 2017-18, PW 18-07 Recommendation Attachments That the City Council: 1. Award a construction contract to EBS General Engineering, Inc., in the amount of $301,290, for citywide concrete repairs for Fiscal Years 2017-18, PW18-07; 2. Authorize the City Manager to approve change orders up to 10% of the contract amount, which is approximately $30,129. Agenda Report Contract List of Repair Areas 12. Adopt A Resolution Determining that the Emergency Repairs Authorized by Resolution 2019-11 Pursuant to Public Contract Code Section 22050 Have Been Completed and There is No Longer a Need For the Emergency Authorization Recommendation Attachments That the City Council adopt a resolution entitled: RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA THAT THE ACTIONS AUTHORIZED BY RESOLUTION NO. 2019-11 FOR THE EMERGENCY REPAIR OF DAMAGED ROADS INCLUDING YNEZ ROAD, OLD TOWN FRONT STREET, JEFFERSON AVENUE, DEL REY ROAD, CHANDLER DRIVE, SUZI LANE, SHREE ROAD, SKYLINE DRIVE, LIEFER ROAD, NICOLAS ROAD, PECHANGA PARKWAY, REDHAWK PARKWAY, AND THE TEMECULA PARKWAY ON -RAMP TO INTERSTATE 15-SOUTH PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050 HAVE BEEN COMPLETED AND THERE IS NO LONGER A NEED FOR THE EMERGENCY AUTHORIZATION Agenda Report Resolution RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY Page 5 City Council Agenda April 9, 2019 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President James "Stew" Stewart ROLL CALL: Edwards, Naggar, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward. For all Public Hearing or Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board addressing that item. On those items, each speaker is limited to five minutes. CSD CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 13. Approve the Action Minutes of March 26, 2019 Recommendation: That the Board of Directors approve the action minutes of March 26, 2019. Attachments: Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, April 23, 2019, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Page 6 City Council Agenda April 9, 2019 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO MEETING TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING RECONVENE TEMECULA CITY COUNCIL BUSINESS 14. Introduce Ordinance Amending Portions of the Temecula Municipal Code to Add Definitions and Make Minor Clarifications and Typographical Corrections Recommendation: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 19- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 1, 8, 10, 15, 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO ADD DEFINITIONS, MAKE MINOR POLICY CLARIFICATIONS AND MAKE MINOR TYPOGRAPHICAL EDITS AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3). Attachments: Agenda Report Ordinance Planning Commission Staff Report Planning Commission Resolution 15. Adopt an Urgency Ordinance Amending the Temecula Municipal Code to Add a New Section Pertaining to Small Wireless Facilities Within the Public Right -Of -Way and a Resolution Establishing a Design Policy for Small Wireless Facilities Recommendation: That the City Council 1. Adopt an urgency ordinance entitled: ORDINANCE NO. 19- AN URGENCY ORDINANCE AMENDING CHAPTER 17.40 OF THE CITY OF TEMECULA DEVELOPMENT CODE (TELECOMMUNICATIONS FACILITY AND ANTENNA ORDINANCE) TO ADD A NEW SECTION 17.40.260, SMALL CELL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY, Page 7 City Council Agenda April 9, 2019 ENACTED PURSUANT TO GOVERNMENT CODE SECTIONS 36934, 36937, AND 65858 DECLARING THE URGENCY THEREOF, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 2. Adopt a resolution entitled: RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A POLICY IMPLEMENTING DESIGN REQUIREMENTS FOR SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY Attachments: Agenda Report Ordinance Resolution Policy DEPARTMENTAL REPORTS 16. Police Department Monthly Report Attachments: Monthly Report COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, April 23, 2019, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO PUBLIC The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444. Page 8 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 9, 2019 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 26, 2019 - 7:00 PM CLOSED SESSION - 6:30 P.M. Conference with Legal Counsel —Pending Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: Diedre Bitting -Baker v. City of Temecula, Riverside County Superior Court Case No. MCC 1700822. CALL TO ORDER at 7:02: Mayor Mike Naggar Prelude Music: Cast of The 25th Annual Putnam County Spelling Bee Invocation: Pastor William Rench of Calvary Baptist Church Flag Salute: Emily Schwank ROLL CALL: Edwards, Rahn, Schwank, Stewart, Naggar PRESENTATIONS/PROCLAMATIONS Animal Friends of the Valleys Executive Director Trent and Chief Animal Control Officer Middleton PUBLIC COMMENTS The following individual addressed the City Council on a non-agendized item: • Steve Snow The following individual addressed the City Council on an agendized item: • Pam Tano (16) CITY COUNCIL REPORTS CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Stewart. The electronic vote reflected unanimous approval. 1. Waive Reading of Standard Ordinances and Resolutions Recommendation: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically 2. 3. 4. 5. 6. 7. 8. required by the Government Code. Approve the Action Minutes of March 12, 2019 Recommendation: That the City Council approve the action minutes of March 12, 2019. Approve the List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 19-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Receive Report Regarding Status of Upcoming Vacancies on Boards and Commissions Recommendation That the City Council receive the report regarding the status of upcoming vacancies on Boards and Commissions. Approve the Sponsorship Agreement with JDS Creative Academy for the 2019 Digifest Temecula (At the Request of Mayor Pro Tem Stewart and Council Member Edwards) Recommendation: That the City Council approve the Sponsorship Agreement with JDS Creative Academy for City in -kind staff and facility support of the 2019 Digifest Temecula. Approve the Sponsorship Agreement with Reality Rally, Inc. for the 2019 Reality Rally (At the Request of Mayor Pro Tern Stewart and Council Member Edwards) Recommendation: That the City Council approve the Sponsorship Agreement with Reality Rally, Inc. for in -kind support valued at $4,745 for City support and $11,415 for promotional services for the 2019 Reality Rally. Approve the Sponsorship Agreement with Temecula Education Foundation for the 2019 Taste of Temecula Valley (At the Request of Mayor Pro Tern Stewart and Council Member Edwards) Recommendation: That the City Council approve the Sponsorship Agreement with Temecula Education Foundation for support valued at $3,825 in City support services and $11,415 in promotional services for the 2019 Taste of Temecula Valley. Approve a Purchase and Installation Agreement with Western Audio Visual for the Replacement of Video Cameras and Related Audiovisual Equipment in the Temecula City Council Chamber Recommendation: That the City Council approve a Purchase and Installation Agreement with Western Audio Visual, in an amount not to exceed $99,527 for video cameras and related audiovisual equipment, and authorize the City Manager to approve contract change orders up to 10% of the contract amount or $9,953. 9. Approve the Disposition and Development Agreement between the City of Temecula and Alitra LLC for the Disposition of City -Owned Property Located on the Corner of Rancho California Road and Diaz Road and a Portion of Diaz Road in the City of Temecula (APN: 951-021-089) Recommendation: That the City Council approve the Disposition and Development Agreement (DDA) between the City of Temecula and Alitra LLC for the disposition of the property located on the corner of Rancho Callifornia Road and Diaz Road (APN: 951-021-089) and a portion of Diaz Road in the City of Temecula. 10. Receive and File the Update on the Housing Element Annual Progress Report to California Department of Housing and Community Development for the Reporting Period of January 1, 2018 to December 31.2018 Recommendation: That the City Council receive and file the Housing Element Annual Progress Report to California Department of Housing and Community Development for the reporting period of January 1, 2018 to December 31, 2018. This item was receive and file only. 11. Approve a Sponsorship Agreement with Trauma Intervention Program of Southwest Riverside County, Inc. for Traumatic Incident Citizen Support Recommendation: That the City Council approve a Sponsorship Agreement with Trauma Intervention Program of Southwest Riverside County, Inc., in the amount of $10,000 for Traumatic Incident Citizen Support. 12. Accept Withdrawal of Bid, Approve an Appropriation, and Award a Construction Contract for the Library Parking - Phase II, PW 13-09 Recommendation: That the City Council: Accept the withdrawal of bid request submitted by Horizon Construction Co. Int'l, Inc.; 2. Approve an appropriation of $423,927 from Measure S to the Library Parking - Phase II, PW13-09; 3. Award a Construction Contract to Environmental Construction Inc., in the amount of $1,794,321 for Library Parking - Phase II, PW13-09; 4. Authorize the City Manager to approve Contract Change Orders not to exceed the contingency amount of $179,432.10, which is equal to 10% of the contract amount. 13. Approve the Agreement for Consultant Services with Michael Baker International, Inc. for the I-15/SR 79 South Interchange Enhanced Landscaping, PW17-19 Recommendation: That the City Council: 1. Approve an Agreement for Consultant Services with Michael Baker International, Inc. in the amount of $305,445.00 for the Interstate 15 Branding and Visioning - I-15/SR 79 South Interchange Enhanced Landscaping, PW17-19; 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $30,544.50, which is equal to 10% of the agreement amount. 14. Approve the Agreement with North County Ford for the Purchase of One (1) 2019 Ford Transit XL Cargo Van Recommendation: That the City Council approve the Agreement with North County Ford for the Purchase of One (1) 2019 Ford Transit XL Cargo Van. 15. Approve the Design, Fabrication, Exhibit Components Purchase and Installation Agreement with Creative Mad Systems, d/b/a Mad Systems, Inc. for the Children's Museum Enhancement Project Recommendation: That the City Council approve the Design, Fabrication, Exhibit Components Purchase and Installation Agreement with Creative Mad Systems, d/b/a Mad Systems, Inc., in the amount of $244,974.36, for the Children's Museum Enhancement Project. 16. Adopt Resolution Finding that an Emergency Continues to Exist within the Meaning of Public Contract Code Section 22050 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 19-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A NEED TO CONTINUE THE ACTIONS AUTHORIZED BY RESOLUTION NO. 2019-11 FOR THE EMERGENCY REPAIR OF DAMAGED ROADS INCLUDING YNEZ ROAD, OLD TOWN FRONT STREET, JEFFERSON AVENUE, DEL REY ROAD, CHANDLER DRIVE, SUZI LANE, SHREE ROAD, SKYLINE DRIVE, LIEFER ROAD, NICOLAS ROAD, PECHANGA PARKWAY, REDHAWK PARKWAY, AND THE TEMECULA PARKWAY ON -RAMP TO INTERSTATE 15-SOUTH PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050 RECESS: At 7:40 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:43 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL BUSINESS 18. Receive and File Update to Existing Uptown Temecula Specific Plan New Streets In -Lieu Fee Recommendation: That the City Council hold a public meeting regarding establishing new streets in -lieu fees for Industrial Uses, Mini -storage Uses and Parking Lots/Structures, and reducing the fees for Residential, Office, Commercial and Hotel uses in the Uptown Temecula Specific Plan area. This item was receive and file only. JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY SERVICES COMMISSION 19. Conduct Annual Joint Meeting_ Between the City Council and the Community Services Commission Recommendation: That the City Council conduct the annual joint meeting between the City Council and the Community Services Commission. This item was receive and file only. JOINT MEETING ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL DEPARTMENTAL REPORTS 20. Community Development Department Monthly Report Recommendation: That the City Council receive and file the Community Development Department Monthly Report. 21. Fire Department Monthly Report Recommendation: That the City Council receive and file the Fire Department Monthly Report. 22. Public Works Department Monthly Report Recommendation: That the City Council receive and file the Public Works Department Monthly Report for Capital Improvement Projects, Maintenance Projects, and Land Development Projects. COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT For the March 26, 2019 closed session, the City Council unanimously approved a settlement in the amount of $22,500 in the matter of Diedre Bitting -Baker v. City of Temecula. For the closed session of March 12, 2019, the settlement agreement was received after the closed session, and the City Council approved a settlement in the amount of $27,500 in the matter of Judith Ann Crouse v. City of Temecula on a vote of 4-0 with Council Member Rahn absent. ADJOURNMENT At 8:18 PM, the City Council meeting was formally adjourned to Tuesday, April 9, 2019, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: April 9, 2019 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Fiscal Services Manager Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $4,545,908.26. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of April, 2019. Michael S. Naggar, 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. 19- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9ffi day of April, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 03/14/2019 TOTAL CHECK RUN: 03/21/2019 TOTAL CHECK RUN: 03/21/2019 TOTAL PAYROLL RUN: 928,605.57 3,130,047.40 487,255.29 TOTAL LIST OF DEMANDS FOR 04/09/2019 COUNCIL MEETING: $ 4,545,908.26 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 3,193,835.69 125 PEG PUBLIC EDUCATION & GOVERNMENT 395.20 140 COMMUNITY DEV BLOCK GRANT 4,292.11 165 AFFORDABLE HOUSING 4,455.45 190 TEMECULA COMMUNITY SERVICES DISTRICT 185,221.81 192 TCSD SERVICE LEVEL B STREET LIGHTS 253.15 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,290.46 195 TCSD SERVICE LEVEL R STREET ROAD MAINTENANCE 9,400.00 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,220.54 197 TEMECULA LIBRARY FUND 10,152.55 210 CAPITAL IMPROVEMENT PROJECTS FUND 408,990.50 300 INSURANCE FUND 22,056.36 305 WORKERS' COMPENSATION 1,090.08 320 INFORMATION TECHNOLOGY 38,393.18 325 TECHNOLOGY REPLACEMENT FUND 19,743.75 330 CENTRAL SERVICES 2,297.64 340 FACILITIES 45,694.43 350 FACILITY REPLACEMENT FUND 97,870.00 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 54.23 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 54.18 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 54.23 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 54.23 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 54.23 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 54.23 478 CFD 16-01 RORIPAUGH PHASE II 118.56 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 174.43 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 239.61 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 87.88 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 62.09 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,412.71 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 173.51 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 235.03 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 4,197.68 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 121.01 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 229.90 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 61.34 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 290.72 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 171.98 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 284.41 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 107.19 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 65.29 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 60.24 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 634.54 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 136.64 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 588.21 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 239.94 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 61.64 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 30.32 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 1,034.32 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 188.12 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 27.98 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 62.25 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 548.52 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 28.68 $ 4,058,652.97 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 294,669.67 140 COMMUNITY DEV BLOCK GRANT 664.50 165 AFFORDABLE HOUSING 4,821.22 190 TEMECULA COMMUNITY SERVICES DISTRICT 134,093.97 192 TCSD SERVICE LEVEL B STREET LIGHTS 468.19 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,364.49 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 339.90 197 TEMECULA LIBRARY FUND 2,195.08 300 INSURANCE FUND 691.08 305 WORKERS' COMPENSATION 691.06 320 INFORMATION TECHNOLOGY 33,311.03 330 CENTRAL SERVICES 3,801.75 340 FACILITIES 8,026.39 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 97.46 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 97.48 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 97.46 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 97.46 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 97.46 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 97.46 478 CFD 16-01 RORIPAUGH PHASE II 219.96 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1.96 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 29.12 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 17.63 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 4.11 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 29.23 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 12.94 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 15.33 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 147.08 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.47 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 8.24 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2.95 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 90.55 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 18.81 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 7.05 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 6.56 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 20.97 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.61 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 86.51 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 45.15 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 115.75 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 196.53 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 3.42 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 6.80 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 158.30 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 40.42 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.20 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 6.82 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 231.29 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.42 TOTAL BY FUND: 487,255.29 $ 4,545,908.26 apChkLst Final Check List Page: 1 03/14/2019 8:55:42AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 5893 03/06/2019 007282 AMAZON COM INC, MISC OFFICE SUPPLIES: HR SYNCB/AMAZON WORKFORCE: MISC SUPPLIES 5894 03/07/2019 007282 AMAZON COM INC, SUPPLIES:TVM AND ACE SYNCB/AMAZON SUPPLIES:TVM AND ACE MISC SUPPLIES:HUMAN SVCS PGRM 5895 03/08/2019 007282 AMAZON COM INC, WORKFORCE: MISC SUPPLIES SYNCB/AMAZON 5897 03/11/2019 006887 UNION BANK OF CALIFORNIA 001104 A R M A RO REGISTRAION: CHAPTER MTG: FLORES, G. 000912 CITY CLERKS ASSN OF CALIF RO REGISTRATION: ANNUAL CONF: RAM I REZ 000912 CITY CLERKS ASSN OF CALIF RO REGISTRATION: ANNUAL CONF: JOHL 012915 LUCILLE'S BBQ RO RFRSHMNTS: CITY CNCL CLOSED SESS 1/22 5898 03/11/2019 006887 UNION BANK OF CALIFORNIA 006937 SOUTHWEST AIRLINES JH AIRFARE: ENERGOV CONF: WARD 006937 SOUTHWEST AIRLINES JH AIRFARE: ENERGOV CONF: BROWN 004765 ACTIVE NETWORK INC, THE, JH REIGSTRATION: ENERGOV CONF: DBA TYLER CONNECT BROWN 006952 PAYPAL JH VERISIGN PAYFLOW PRO TRANSACTION Amount Paid Check Total 38.73 17.37 56.10 5.48 25.72 31.51 62.71 27.88 27.88 15.00 610.00 460.00 293.61 1,378.61 345.96 345.96 950.00 167.10 1,809.02 Page:1 apChkLst Final Check List Page: 2 03/14/2019 8:55:42AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 5899 03/11/2019 006887 UNION BANK OF CALIFORNIA 008956 PANERA BREAD 021127 CASAJIMENEZ 021128 NORTH ITALIA 003964 OFFICE DEPOT BUSINESS SVS DIV 009720 STARBUCKS CORPORATION 008956 PANERA BREAD 004905 LIEBERT, CASSIDY AND WHITMORE 001256 MARRIOTT HOTEL 001256 MARRIOTT HOTEL 001256 MARRIOTT HOTEL (Continued) Description Amount Paid Check Total AA RFRSHMNTS: CITY ATTY MTG 117.02 1 /22/19 AA RFRSHMNTS: MTG WITH MAYOR: 63.64 RCTC AA RFRSHMNTS: MTG WITH Z. 81.12 SCHWANK:LOCC AA OFFICE SUPPLIES: CITY MANAGER 58.16 AA RFSHMNTS: REGIONAL CANCER 40.85 TASK FORCE AA RFRSHMNTS: CITY ATTY MTG -5.98 1 /22/ 19 AA REGISTRATION: LCW 650.00 CONFERENCE:ADAMS AA LODGING: LIEBERT CASSIDY 303.10 CONF:ADAMS AA LODGING:LIEBERT CASSIDY CONF: 303.10 I1\�i]�Ze71ReA�iZeIeZK�]�I�I1e71��F y��I�, 2,039.91 Paget apChkLst Final Check List Page: 3 03/14/2019 8:55:42AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 5900 03/11/2019 006887 UNION BANK OF CALIFORNIA 007837 ALASKAAIRLINES 007837 ALASKAAIRLINES 001264 COSTCO TEMECULA 491 001365 RIVERSIDE, COUNTY OF, ENVIRONMENTAL HEALTH DEPT 015354 FACEBOOK.COM 015354 FACEBOOK.COM 020249 LAUND3R.COM LLC 020886 NETFLIX.COM 001365 RIVERSIDE, COUNTY OF, ENVIRONMENTAL HEALTH DEPT 011095 TRAVELOCITY.COM 018798 SAN DIEGO COMMUNITY COLLEGE, DISTRICT 021132 PLANET SAFE CALENDARS 007837 ALASKAAIRLINES 019835 JDS CREATIVE ACADEMY 007028 AMERICAN AIRLINES 006952 PAYPAL 012085 ISTOCK INT'L INC. 001264 COSTCO TEMECULA 491 (Continued) Description Amount Paid Check Total KH AIRFARE: AQUATIC CONFERENCE: 298.60 KH AIRFARE: AQUATIC CONFERENCE: 298.60 KH SUPPLIES: JRC 1,141.84 KH HEALTH DEPT APPLICATION FEE: 319.00 ROD RUN KH MARKETING: THEATER CAMPAIGN 25.00 KH MARKETING: THEATER CAMPAIGN 25.00 KH LAUNDRY: APRONS -BREAKFAST 51.75 W/SANTA KH MONTHLY CHARGE FOR SVC: CRC 7.99 TEEN ROOM KH HEALTH DEPTAPPLICATION FEE: 7.56 ROD RUN KH AIRFARE: AQUATIC CONFERENCE: 2.07 KH REGIST: LAW OF ARREST: 67.00 GONZALEZ, G. KH WALL CALENDAR: ADAMIAK, D. 87.35 KH AIRFARE: AQUATIC CONFERENCE: 113.30 KH AWARD SUBMITTAL: DIGIFEST 100.00 KH AIRFARE: AQUATIC CONFERENCE: 138.30 KH VERISIGN PAYFLOW PRO 183.60 TRANSACTION KH IMAGES FOR PROMOTIONAL 125.07 FLYERS & WEBSI KH SUPPLIES: JRC 282.74 3,274.77 Page:3 apChkLst Final Check List Page: 4 03/14/2019 8:55:42AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 5901 03/11/2019 006887 UNION BANK OF CALIFORNIA 021004 VISTA PRINT 017860 MURRIETA PARTNERSHIP 008668 WES FLOWERS 008668 WES FLOWERS 008668 WES FLOWERS 021098 BUCATINI TRATTORIA 001256 MARRIOTT HOTEL 001256 MARRIOTT HOTEL 004765 ACTIVE NETWORK INC, THE, DBA TYLER CONNECT 004765 ACTIVE NETWORK INC, THE, DBA TYLER CONNECT 001264 COSTCO TEMECULA 491 5902 03/11/2019 006887 UNION BANK OF CALIFORNIA 006937 SOUTHWEST AIRLINES 006937 SOUTHWEST AIRLINES 021101 HR COACH LLC 021100 ALL NIPPON AIRLINES 008956 PANERA BREAD 019321 VISIT TEMECULA VALLEY 002103 CALIF ASSOCIATION PUBLIC INFO, DBA: CAPIO 002103 CALIF ASSOCIATION PUBLIC INFO, DBA: CAPIO (Continued) Description Amount Paid Check Total IG OFC SUPPLIES: WORFORCE 252.28 STRATEGIC IG REGISTRATION: JOB FAIR 3/14/19 250.00 IG SUNSHINE FUND 61.43 IG SUNSHINE FUND 61.43 IG SUNSHINE FUND 61.43 IG RFRSHMNTS: CONFERENCE 46.79 IG LODGING: LCW CONFERENCE: 629.00 GARIBAY IG LODGING: LCW CONFERENCE: 606.20 OBMANN IG REGISTRATION: TYLER 950.00 CONFERENCE: IG REGIST: TYLER CONFERENCE: 950.00 VON RICHTER IG RFRSHMTNS: INTERVIEW PANEL 93.01 3,961.57 GB AIRFARE: TYLER CONNECT CONF: 345.96 RICHTER GB AIRFARE: TYLER CONNECT CONF: 345.96 RICHTER GB REGIST: PREVENTION TRAINING: 499.00 CARDENAS GB AIRFARE: SISTER CITY VISIT: VARI 3,723.24 GB RFRSHMNTS: CONSTRUCTION 136.25 TRAINING MRG GB REGIST: TABLE AT ANNUAL 100.00 MEETING GB ENTRY FEE: DAMKO, C. 165.00 GB ENTRY FEE: DAMKO, C. 165.00 5,480.41 Page:4 apChkLst Final Check List Page: 5 03/14/2019 8:55:42AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 5903 03/11/2019 006887 UNION BANK OF CALIFORNIA 019588 VERIATO, INC. 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 004171 DOMINO'S PIZZA 021130 TECHSOUP 004765 ACTIVE NETWORK INC, THE, DBA TYLER CONNECT 013338 APPLE STORE 5904 03/12/2019 007282 AMAZON COM INC, SYNCB/AMAZON 5905 03/14/2019 000621 WESTERN RIVERSIDE COUNCIL OF, GOVERNMENTS (WRCOG) (Continued) Description MH MONITORING SOFTWARE MH ADOBE LICENSE: LIBRARY MH ADOBE LICENSE: LIBRARY MH ADOBE LICENSE: LIBRARY MH ADOBE LICENSE: LIBRARY MH ADOBE LICENSE: LIBRARY MH ADOBE LICENSE: LIBRARY MH ADOBE LICENSE: LIBRARY MH ADOBE LICENSE: LIBRARY MH ADOBE LICENSE: LIBRARY MH ADOBE LICENSE: LIBRARY MH ADOBE LICENSE: LIBRARY MH ADOBE LICENSE: LIBRARY MH RFRSHMNTS: TEAM PACE MH ADOBE LICENSE: LIBRARY MH REGISTRATION: TYLER CONNECT CONF: MH CELLPHONE APPLE REPAIR: RAYA, SERGIO SUPPLIES:TVM &ACE MISC SUPPLIES AND TOOLS: PREV SUPPLIES:TVM AND ACE SUPPLIES:TVM &ACE BOOKS/COLLECTIONS:LI BRARY SUPPLIES:TVM &ACE SUPPLIES:TVM &ACE SUPPLIES:TVM &ACE supplies/equipment:Community Relations FEB'19 TUMF PAYMENT 194244 03/14/2019 004802 ADLERHORST INTERNATIONAL FEB MONTHLY K-9 ON -SITE TRAINING: LLC POLICE Amount Paid Check Total 150.00 239.88 239.88 239.88 239.88 239.88 239.88 239.88 239.88 239.88 239.88 239.88 239.88 73.86 1,845.00 950.00 99.00 237.90 235.74 178.56 58.19 36.08 32.16 43.60 40.87 39.12 69,622.08 350.00 5,996.42 902.22 69,622.08 350.00 Page:5 apChkLst Final Check List Page: 6 03/14/2019 8:55:42AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 194245 03/14/2019 020965 ADVANCED PERMIT SERVICES REFUND:PERMIT CANCELLED:B19-0412 194246 03/14/2019 003951 ALL AMERICAN ASPHALT STREET MAINT: ASPHALT SUPPLIES PW STREET MAINT: ASPHALT SUPPLIES STREET MAINT: ASPHALT SUPPLIES STREET MAINT: ASPHALT SUPPLIES STREET MAINT: ASPHALT SUPPLIES 194247 03/14/2019 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT: THEATER DBA, ALLEGRO PIANO SERVICE PIANO TUNING:LIBRARY 194248 03/14/2019 010905 ALLIED TRAFFIC & MISC SUPPLIES:VARIOUS SPECIAL EQUIPMENT, RENTALS INC EVENTS 194249 03/14/2019 006915 ALLIES PARTY EQUIPMENT, Rental of belly up tables for Regional RENTAL INC 194250 03/14/2019 013015 ALWAYS RELIABLE BACKFLOW TESTING: VARI SLOPES BACKFLOW, AKA NANETTE SEMAN 194251 03/14/2019 020691 ANN M HOWELL, DBAANN GRAPHIC DSGN SVCS: CITY MGR HOWELL DESIGN 194252 03/14/2019 000101 APPLE ONE INC JAN TEMP STAFFING: VARI DEPTS 194253 03/14/2019 018941 AZTEC LANDSCAPING INC FEB JANITORIAL SVCS: VARI PARKS FEB PARKS: RESTROOM POWER WASH 194254 03/14/2019 007065 B&H PHOTO & ELECTRONICS FLUORESCENT LIGHT:PEG EQUIP CORP 194255 03/14/2019 015592 BAMM PROMOTIONAL SHIRTS:SPORTS PRODUCTS INC 194256 03/14/2019 019840 BELTZ, JON WILLIAM VIDEOGRAPHY & EDITING SVCS:CM DEPT 194257 03/14/2019 014293 BIBLIOTHECA LLC REPLACEMENT BOOK BIN SORTER:PUBLIC 194258 03/14/2019 016870 BLAZAR COMMUNICATIONS PKG TRACKING SFTWR INC RENEWAL:CENTRAL SVCS 194259 03/14/2019 003138 CAL MAT, DBA VULCAN STREET MAINT: ASPHALT SUPPLIES MATERIALS CO STREET MAINT: ASPHALT SUPPLIES Amount Paid Check Total 161.35 161.35 1,224.30 473.16 263.17 200.85 190.19 2,351.67 215.00 185.00 400.00 760.00 760.00 413.48 413.48 2,538.00 2,538.00 2,600.00 2,600.00 6,886.45 6,886.45 7,788.52 1,072.50 8,861.02 395.20 395.20 448.24 448.24 3,750.00 3,750.00 97,870.00 97,870.00 2,695.00 2,695.00 432.70 171.79 604.49 Page.-6 apChkLst Final Check List Page: 7 03/14/2019 8:55:42AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 194260 03/14/2019 000413 CALIF DEPT OF FISH & FILING FEE: LSA FOR TEMECULA WILDLIFE PW08-04 194261 03/14/2019 017867 CAPITOL ENQUIRY 2019 POCKET DIRECTORY CA LEGISTLATURE 194262 03/14/2019 004462 CDW LLC, DBACDW MONITOR UPGRADE: PLANNING GOVERNMENT LLC EQUIP PURCH:ECO DEV INCUBATOR 194263 03/14/2019 009640 CERTIFION CORP DBA ONLINCE DATABASE SUBSCRIPTION: ENTERSECT TEM POLIC 194264 03/14/2019 003151 COMMERCIAL Class A Driver License: Training Class TRANSPORTATION SERV 194265 03/14/2019 000442 COMPUTER ALERT SYSTEMS CRC: ALARM SYSTEM SVC CALL 194266 03/14/2019 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: CIVIC CTR DIST 194267 03/14/2019 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 194268 03/14/2019 001264 COSTCO TEMECULA 491 THEATER HOSPITALITY & OFFICE SUPPLIES 194269 03/14/2019 017038 CPS HR CONSULTING DATA ANALYSIS PROJECT FOR WSP: HR 194270 03/14/2019 010650 CRAFTSMEN PLUMBING & CIVIC CTR: REPLACE WATER HEATER HVAC INC 194271 03/14/2019 003561 D F M ASSOCIATES 2019 CA ELECTION CODE BOOK: CITY CLERK 194272 03/14/2019 004222 DIAMONDBACK FIRE & FIRE & RESCUE EQUIPMENT - STA 84 RESCUE, INC FIRE & RESCUE EQUIPMENT - STA 92 194273 03/14/2019 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: STREET FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: TRAFFIC DIV FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: PUBLIC WOF 194274 03/14/2019 011292 ENVIRONMENTAL SCIENCE JAN EIR PROPOSED ALTAIR SPEC ASSOC PLAN DEC ADDENDUM EIR UPTOWN JEFF Amount Paid Check Total 5,313.00 5,313.00 21.26 21.26 674.90 86.71 761.61 150.00 150.00 17,555.84 17,555.84 75.00 75.00 135.94 135.94 454.30 454.30 79.92 79.92 2,185.00 2,185.00 3,400.00 3,400.00 57.64 57.64 2,114.57 2,039.75 4,154.32 1,340.86 511.78 287.47 166.92 155.60 134.67 55.19 2,652.49 1,020.00 443.75 1,463.75 Page:? apChkLst Final Check List Page: 8 03/14/2019 8:55:42AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 194275 03/14/2019 000164 ESGIL LLC JAN PLAN CK SVCS- BLDG & SAFETY 194276 03/14/2019 009953 FEDERAL CLEANING MAR JANITORIAL SVCS:POLICE MALL CONTRACTORS, DBA FEDERAL OFC BLDG SERVICES 194277 03/14/2019 000165 FEDERAL EXPRESS INC 2/19-2/26 EXP MAIL SVCS: FIN/CIP/CLERK 194278 03/14/2019 019016 FLEETCREW INC, DBA DIESEL ENG FILTER CLEANING: PW FLEETCREW 194279 03/14/2019 020784 FLORES, GWYN REIMB: SD CHAPTER ARMA MTG 194280 03/14/2019 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 KRACH, BREE - CASE# 603016103 KRACH, BREE - CASE# 603016103 194281 03/14/2019 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING SUPPLIES: THEATER 194282 03/14/2019 016184 FUN EXPRESS LLC, MISC SUPPLIES:MPSC SUBSIDIARY OF ORIENTALTR 194283 03/14/2019 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: PUBLIC WORKS INC MISC. OFFICE SUPPLIES: STA92 OFC SUPPLIES -PLANNING OFC SUPPLIES- BLDG & SAFETY OFFICE SUPPLIES:INFO TECH 194284 03/14/2019 004890 GOLDEN STATE FIRE ANNUAL FIRE SYS CERT. MRC PROTECTION ANNUAL FIRE SYS CERT. LIBRARY ANNUAL FIRE SYS CERT. CRC ANNUAL FIRE SYS CERT: JRC 194285 03/14/2019 003792 GRAINGER PARK MAINTENANCE:MISC SMALL TOOLS 194286 03/14/2019 000186 HANKS HARDWARE INC EQUIPMENT:SPORTS Misc. small tools & equip: pw traffic MAINT SUPPLIES, CIVIC CTR HARDWARE SUPPLIES - STA 95 194287 03/14/2019 002109 HD SUPPLY CONSTR. SUPPLY MISC SUPPLIES FOR PW STREET LTD, DBA HDS WHITE CAP MAINT CONSTT MISC SUPPLIES FOR PW STREET MAIN1 Amount Paid Check Total 24,102.64 24,102.64 1,088.50 1,088.50 72.60 72.60 2,174.75 2,174.75 57.77 57.77 15.23 5.44 4.90 25.57 55.58 55.58 318.74 318.74 181.44 108.78 98.09 71.61 3.33 463.25 650.00 650.00 650.00 650.00 2,600.00 20.90 20.90 470.69 79.95 66.33 15.84 632.81 41-VICY% 50.00 1,006.32 PageB apChkLst Final Check List Page: 9 03/14/2019 8:55:42AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 194288 03/14/2019 010210 HOME DEPOT SUPPLY INC MAINT SUPPLIES: CRC 194289 03/14/2019 010530 1 P C INDUSTRIES INC, DBA: GOLD CART RENTALS:VARIOUS PRESTIGE GOLF CARS SPECIAL EVENTS 194290 03/14/2019 017651 I.E. INC. REFUND:PERMIT CANCELLED: B18-3792 194291 03/14/2019 018352 JAMES ELLIOTT TEM PRESENTS: JOURNEY TRIBUTE ENTERTAINMENT 194292 03/14/2019 012285 JOHNSTONE SUPPLY MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: CIVIC CTR 194293 03/14/2019 020396 KINGDOM CAUSES, DBA CITY JUL HOMELESS OUTREACH SVCS NET 194294 03/14/2019 017118 KRACH BREE B, DBA TROPHY -BC TEMECULA TROPHY & DES PLAQUES FOR WALL OF HONOR ENGRAVING SVCS: CITY MGR OFC CREDIT: TAX WITHHOLDING CASE 60301 CREDIT: TAX WITHHOLDING CASE 60301 CREDIT: TAX WITHHOLDING CASE 60301 194295 03/14/2019 004905 LIEBERT, CASSIDY AND JAN 19 LEGAL SVCS FOR TE060-00017 WHITMORE JAN 19 LEGAL SVCS FOR TE060-00001 194296 03/14/2019 013826 MALL MEDIA INC SUPPLIES:HOLIDAY EVENTS 194297 03/14/2019 020683 MARK DITZLER GLASS STUDIO PANELS:IWTCM PROJ LLC, DBA MARK F DITZLER CREDIT: SHIPPING DISCOUNT 194298 03/14/2019 014392 MC COLLOUGH JILL DENISE, MAR PLANTSCAPE SVCS: CIVIC CTR DBA TEMECULA PLANTSCAPE MAR PLANTSCAPE SVCS: LIBRARY 194299 03/14/2019 019823 MERCHANTS BLDG MAINT LLC FEB JANITORIAL SVCS: FACILITIES 194300 03/14/2019 015259 MERCURY DISPOSAL RECYCLING FEES:CLASS II SYSTEMS INC BATTERIES 194301 03/14/2019 015955 METRO FIRE AND SAFETY INC FIRE SYSTEM INSPECTIONS: CIV CTR & LIBRA 194302 03/14/2019 018314 MICHAEL BAKER CONSULTANT SVCS: PW17-17 YNEZ INTERNATIONAL RD Amount Paid Check Total 268.50 268.50 3,760.50 3,760.50 72.48 72.48 5,175.56 5,175.56 179.05 97.56 276.61 3,414.59 3,414.59 60.90 21.75 19.58 -4.90 -5.44 -15.23 76.66 4,769.80 222.00 4,991.80 176.67 176.67 2,200.00 -118.00 2,082.00 500.00 200.00 700.00 21,614.01 21,614.01 162.64 162.64 2,075.00 2,075.00 1,098.12 1,098.12 Page9 apChkLst 03/14/2019 8:55:42AM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 194303 03/14/2019 013827 MIKO MOUNTAINLION INC EMERGENCY SINKHOLE REPAIR: 79,360.20 YNEZ RD VALLEJO CHANNEL: EMERG STORM SVi 30,704.00 REPAIRS:LIEFER RD STORM WASH -OUT 9,400.00 EMERGENCY BACKHOE: 1-15 INTERCHA 2,502.00 121,966.20 194304 03/14/2019 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: OLD TOWN 171.43 INC TEMECULA ELECTRICAL SUPPLIES: CIVIC CTR 92.53 VARIOUS POOLS: ELECTRICAL SUPPLIE 33.72 VARIOUS POOLS: ELECTRICAL SUPPLIE 22.03 319.71 194305 03/14/2019 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD INSTRUCTOR EARNINGS 192.50 ANN TCSD INSTRUCTOR EARNINGS 115.50 308.00 194306 03/14/2019 016445 MKB PRINTING & MISC PRINTING: ENVELOPES: 364.62 PROMOTIONAL INC, DBA PLANNING MINUTEMAN PRESS BUSINESS CARDS:INFO TECH 53.88 418.50 194307 03/14/2019 004040 MORAMARCO, ANTHONY J, UNIFORMS: THEATER STAFF 1,125.00 1,125.00 DBA BIGFOOT GRAPHICS 194308 03/14/2019 015556 MUNTERS CORPORATION CIVIC CENTER: HVAC 21,097.50 21,097.50 UPGRADE/RETROFIT 194309 03/14/2019 019019 MUSIC CONNECTION LLC STTLMNT: "SPEAKEASY AT THE MERC 380.10 380.10 3/9/19 194310 03/14/2019 002925 NAPAAUTO PARTS MISC SUPPLIES FOR PW STREET 109.12 MAINT AUTO PARTS & MISC SUPPLIES: STA 95 78.60 187.72 194311 03/14/2019 008820 NEIGHBORS NEWSPAPER, AKA ADVERTISING: TEMECULA PRESENTS 250.00 250.00 DIANE SIMONES 194312 03/14/2019 001323 NESTLE WATERS NORTH 1/23-2/22 WTR DLVRY SVC: TVE2 58.89 AMERICA, DBA READYREFRESH 1/23-2/22 WTR DLVRY SVCS: COUNCIL M 39.71 1/23-2/22 DRINKING WATER:HELP CTR 6.51 105.11 194313 03/14/2019 021121 OCCUPATIONAL HEALTH CTR MEDICAL SCREENINGS: HUMAN 135.50 OF CA, DBA CONCENTRA RESOURCES MEDICAL CTR MEDICAL SCREEN INGS:HUMAN RESOUI 84.50 MEDICAL SCREEN INGS:HUMAN RESOUI 65.00 MEDICAL SCREEN INGS:HUMAN RESOUI 52.00 337.00 194314 03/14/2019 003964 OFFICE DEPOT BUSINESS SVS MISC OFFICE SUUPLIES:HR 69.21 DIV MISC OFFICE SUUPLIES:HR 19.99 89.20 Page:10 apChkLst Final Check List Page: 11 03/14/2019 8:55:42AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 194315 03/14/2019 002105 OLD TOWN TIRE AND SERVICE VEHICLE MAINT/REPAIR: PARKS CITY VEHICLE MAINT SVCS:PW LAND DI Vehicle Maint.-Bldg and Safety- 194316 03/14/2019 013127 ON STAGE MUSICALS, AKA "8TH ANN'L JAZZ FESTIVAL" 3/10/19 JEFFREY PAUL STOVER 194317 03/14/2019 019334 PARK CONSULTING GROUP CONSULTING & ENTERPRISE SVCS: IT INC 194318 03/14/2019 011549 POWER SPORTS UNLIMITED, VEHICLE MAINT & REPAIR: TEM DBA BMW MOTORCYCLES OF POLICE NO 194319 03/14/2019 005075 PRUDENTIAL OVERALL FEB FLR MAT/UNIFORM/TOWEL SUPPLY RENTALS:CITY F FEB FLR MATS/UNIFORM SRVCS: C.C./P, 194320 03/14/2019 019409 RANCHO CALIF WATER CITY -SHARE OF RCWD CONST DISTRICT MGT/INSPEC 194321 03/14/2019 003591 RENES COMMERCIAL CLEAN-UP SERVICES:VARIOUS MANAGEMENT SPECIAL EVENTS STORM CLEAN-UP: PECHANGA PKWY 194322 03/14/2019 016869 RIGHTWAY SITE SERVICES INC PORTABLE RESTROOMS:VARIOUS DBA, RIGHTWAY PORTABLE SPECIAL TOILET 194323 03/14/2019 001592 RIVERSIDE CO INFO EMERGENCY RADIO RENTAL: TEM TECHNOLOGY POLICE 194324 03/14/2019 016254 RORIPAUGH TEMECULA 113, FINAL REIMB/DIF PARK COMPONENT LLC 194325 03/14/2019 021021 RU2 SYSTEMS, INC. radar trailer (qty 2): temecula police 194326 03/14/2019 004274 SAFE AND SECURE LOCKSMITH SVCS: CIVIC CTR LOCKSMITH SRVC 194327 03/14/2019 021114 SECURITY OPERATIONS GROUP INTL LOCKSMITH SVCS: CIVIC CTR LOCKSMITH SVCS: CIVIC CTR LOCKSMITH SERVICES: SENIOR CTR LOCKSMITH SVCS: CIVIC CTR LOCKSMITH SVCS: CIVIC CTR LOCKSMITH SVCS: CIVIC CTR COVERT METHODSENTRY 3/29 SV,EG,DT,EG Amount Paid Check Total 1,420.45 215.28 79.01 3,562.16 455.00 33.85 840.94 632.18 3,674.72 4,348.00 4,225.00 3,274.83 2,551.37 100,000.00 16,428.00 81.55 49.49 48.49 40.00 40.00 27.54 26.94 780.00 1,714.74 3,562.16 455.00 33.85 1,473.12 3,674.72 8,573.00 3,274.83 2,551.37 100,000.00 16,428.00 314.01 780.00 Page:11 apChkLst Final Check List Page: 12 03/14/2019 8:55:42AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 194328 03/14/2019 013376 SECURITY SIGNAL DEVICES INC, SSD SYSTEMS 194329 03/14/2019 009213 SHERRY BERRY MUSIC 194330 03/14/2019 013695 SHRED -IT US JV LLC, DBA: SHRED -IT USA LLC (Continued) Description FIRE ALARM - STA 95 FIRE ALARM - STA 95 FIRE ALARM - STA 95 INSPECT DOOR LOCK: CIVIC CTR FIRE ALARM - STA 95 JAZZ @ THE MERC 3/7/19 doe shred svcs:police 194331 03/14/2019 009746 SIGNS BYTOMORROW PUBLIC NTC POSTING SRVCS XX-1477-78:PLNG PUBLIC NTC POSTING SRVCS XX-0131:F PUBLIC NTC POSTING SRVCS XX-1315:F PUBLIC NTC POSTING SRVCS XX-0081:F 194332 03/14/2019 002503 SOUTH COAST AIR QUALITY, ANN'L RENEWAL OPERATING MANAGEMENT DISTRICT FEES:CIVIC CNTR FEE FOR LAST FY EMISSIONS:CIVIC CEI 194333 03/14/2019 000519 SOUTH COUNTY PEST PEST CONTROL SERVICES: STA 84 CONTROL INC PEST CONTROL SRVCS:PBSP PEST CONTROL SERVICES: STA 73 PEST CONTROL SRVCS:MARG SPLASH PEST CONTROL SRVCS: CITY FACS 194334 03/14/2019 000293 STADIUM PIZZA INC REFRESHMENTS:ECON DEV WORKFORCE 3/1 REFRESHMENTS:ECON DEV WORKFOR REFRESHMENTS:ECON DEV WORKFOR 194335 03/14/2019 015648 STEIN ANDREW, DBA PARKINK MERCHANDISE:AROUND & ABOUT TEMECULA 194336 03/14/2019 001546 STRAIGHT LINE GLASS AND eoc front desk glass MIRROR, COMPANY INC REPAIR WINDOWS: STA 95 REPAIR WINDOWS: STA 95 194337 03/14/2019 009452 STRAWN, WILLIAM R REIMB:SUPPLIES FOR THEATER 194338 03/14/2019 003599 T Y LIN INTERNATIONAL CONSULTANT SVCS FOR FRENCH VALLEY PKWY CONSULTANT SRVCS FOR FRENCH VAL 194339 03/14/2019 000306 TEMECULA VALLEY PIPE & IRRIG & PLUMBING SUPPLY SUPPLIES:VARIOUS PARKS 194340 03/14/2019 003941 TEMECULA WINNELSON PLUMBING SUPPILES: VARIOUS COMPANY PARKS Amount Paid Check Total 760.50 307.35 253.50 253.50 169.00 680.00 57.45 212.75 212.75 212.75 212.75 406.79 131.79 80.00 70.00 68.00 49.00 929.00 170.12 155.12 107.18 397.76 1,148.87 708.42 250.00 53.09 131,398.75 111,453.46 9.33 237.55 1,743.85 680.00 57.45 851.00 538.58 1,196.00 432.42 397.76 2,107.29 53.09 242,852.21 9.33 237.55 Page:12 apChkLst Final Check List Page: 13 03/14/2019 8:55:42AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 194341 03/14/2019 020967 TESLA REFUND:PERMIT CANCELLED:B18-2892 194342 03/14/2019 016311 TIERCE, NICHOLAS GRAPHIC DESIGN SVCS: THEATER 194343 03/14/2019 018556 TRAUB NORMAN, DBA PERSONNEL INVESTIGATIONS: HR NORMAN ATRAUB ASSOC 194344 03/14/2019 000161 TYLER TECHNOLOGIES, INC CONNECT 2019 AMEZCUA 194345 03/14/2019 007766 UNDERGROUND SERVICE Underground Utility Locator Alerts: PW ALERT, OF SOUTHERN CALIFORNIA Underground Utility LocatorAlerts: PW 194346 03/14/2019 019389 US TRANSPORT & LOGISTICS TOWING SERVICES: TEMECULA INC, DBA DXS TOWING POLICE TOWING SERVICES: TEMECULA POLICE 194347 03/14/2019 008977 VALLEY EVENTS INC RENTALS:ROD RUN'19 194348 03/14/2019 014850 VALLEY PRINTING SERVICES, Printing Flyers for 12/12/18 council INC. 194349 03/14/2019 016094 VAVRINEK, TRINE, DAY & CO CONTROLLERS ANNUAL LLP REPORTS:FINANCE 194350 03/14/2019 009101 VISION ONE, INC., DBA: SHOWARE TICKETING SVCS: ACCESSO SHOWARE THEATER 194351 03/14/2019 018147 WADDLETON, JEFFREY L. DJ/Announcer services:various special 194352 03/14/2019 020609 WARREN KRAMER, DBA LIBRARY SUPPLIES:RHRTPL PROFORMAAPOLLO GROUP LIBRARY SUPPLIES:RHRTPL 194353 03/14/2019 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES: CITY FACILITIES CLEANING SUPPLIES:CRC 194354 03/14/2019 003730 WEST COAST ARBORISTS INC TREE MAINT: VILLAGES GROVE ANNUAL ROW TREE TRIMMING PROJEC EMERGENCY TREE TRIMMING: VAR SLC TREE MAINT: SIGNET SERIES TREE MAINT: HARVESTON tree maint srvcs: various parks/medians TREE MAINT: CROWNE HILL TREE MAINT: HARVESTON Amount Paid Check Total 122.88 122.88 3,120.00 3,120.00 7,923.70 7,923.70 1,200.00 1,200.00 247.60 128.13 375.73 250.00 235.00 485.00 325.00 325.00 100.05 100.05 5,900.00 5,900.00 2,121.80 2,121.80 1,950.00 1,950.00 3,480.00 113.86 3,593.86 2,516.12 457.45 2,973.57 3,812.00 2,515.60 956.45 920.00 646.25 505.60 336.05 310.50 10,002.45 Page:13 apChkLst Final Check List Page: 14 03/14/2019 8:55:42AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 194355 03/14/2019 012343 WEST COAST PERFORMING, "ROCKIN' THE LEGENDS SHOW" 3/9/19 ARTS PRESENTERS 194356 03/14/2019 004567 WITCHER ELECTRIC, AKA TEMECULA COMM CTR: ELECTRICAL TERRENCE KEVIN WITCHE REPAIR Amount Paid Check Total 4,359.92 755.00 Grand total for UNION BANK: 4,359.92 755.00 928,605.57 Page:14 apChkLst Final Check List Page: 15 03/14/2019 8:55:42AM CITY OF TEMECULA 125 checks in this report. Grand Total All Checks: 928,605.57 Page:15 apChkLst Final Check List Page: 1 03/21/2019 9:35:11AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 5896 03/11/2019 006887 UNION BANK OF CALIFORNIA 000278 SAN DIEGO UNION -TRIBUNE LW DIGITAL SUBSCRIPTION: PLANNING 017127 ASSOCIATION OF LW '19 CEQA WORKSHOP: STUART & ENVIRONMENTAL FISK 5906 03/13/2019 007282 AMAZON COM INC, ipad handle, maps, cutting map, SYNCB/AMAZON IPAD HANDLE, MAPS, CUTTING MAP 5907 03/13/2019 006887 UNION BANK OF CALIFORNIA 000152 CALIF PARKS AND ZS REGISTRATION: AWARDS CONF: RECREATION SOC, C P R S SCHWANK 5908 03/13/2019 006887 UNION BANK OF CALIFORNIA 007987 WALMART RG SUPPLIES: HELP CENTER 008337 STAPLES BUSINESS CREDIT RG SUPPLIES: ITEMS FOR HELP CENTER 003129 ALBERTOS RG RFRSHMNTS: PIT TEAM 009720 STARBUCKS CORPORATION RG RFRSHMNTS: PIT TEAM RG FINANCES CHARGES TO BE REVER: 5909 02/26/2019 002390 EASTERN MUNICIPAL WATER JAN WATER: 39656 DIEGO DR DIST 5910 02/26/2019 002390 EASTERN MUNICIPAL WATER JAN WATER: 32131 SOUTH LOOP RD DIST 5911 03/06/2019 002390 EASTERN MUNICIPAL WATER JAN WATER: MURRIETA HOT SPRINGS DIST RD 5912 03/06/2019 002390 EASTERN MUNICIPAL WATER JAN WATER: MURRIETA HOT SPRINGS DIST 5913 03/06/2019 002390 EASTERN MUNICIPAL WATER JAN WATER: 39569 SERAPHINA RD DIST 5914 02/25/2019 001212 SO CALIF GAS COMPANY JAN 091-085-1632-0 41951 MORAGA RD 5915 03/04/2019 001212 SO CALIF GAS COMPANY JAN 015-575-0195-2 32211 WOLF VALLEY RD 5916 03/04/2019 001212 SO CALIF GAS COMPANY JAN 055-475-6169-5 32380 DEER HOLLOW WY 5917 03/07/2019 018858 FRONTIER CALIFORNIA INC FEB INTERNET SVCS-FIRE STATION 73 Amount Paid Check Total 0.99 450.00 450.99 70.16 238.36 308.52 85.00 85.00 217.30 257.72 136.48 50.85 8.77 671.12 103.95 103.95 196.62 196.62 21.90 21.90 29.73 29.73 58.87 58.87 2,615.01 2,615.01 697.78 697.78 141.10 141.10 119.84 119.84 Page:1 apChkLst Final Check List Page: 2 03/21/2019 9:35:11AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 5918 03/07/2019 018858 FRONTIER CALIFORNIA INC 5919 03/13/2019 018858 FRONTIER CALIFORNIA INC 5920 03/08/2019 010276 TIME WARNER CABLE 5921 03/11/2019 010276 TIME WARNER CABLE 5922 03/11/2019 010276 TIME WARNER CABLE 5923 03/13/2019 010276 TIME WARNER CABLE 5924 03/06/2019 014486 VERIZON WIRELESS 5925 03/07/2019 014486 VERIZON WIRELESS 5926 02/28/2019 000262 RANCHO CALIF WATER DISTRICT 5927 02/08/2019 000537 SO CALIF EDISON 5928 03/11/2019 001212 SO CALIF GAS COMPANY 5929 03/04/2019 000537 SO CALIF EDISON 5930 03/04/2019 000537 SO CALIF EDISON 5931 03/04/2019 000537 SO CALIF EDISON 5932 03/04/2019 000537 SO CALIF EDISON 5933 03/04/2019 000537 SO CALIF EDISON 5934 03/04/2019 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total FEB INTERNET SVCS-PUBLIC LIBRARY 188.98 188.98 MAR INTERNET SVCS-THEATRE 148.98 148.98 MAR INTERNET SVCS-28816 PUJOL ST 586.77 586.77 MAR INTERNET SVCS- 32131 S LOOP 194.26 194.26 RD MAR INTERNET SVCS- 41000 MAIN ST 281.50 281.50 MAR INTERNET SVCS-30600 PAUBA RD 594.83 594.83 01 /11-02/10 444.64 444.64 CELLULAR/BROADBAN D:CITYW I DE 01116-02/15 9,640.69 9,640.69 CELLULAR/BROADBAN D:CITYW I DE VARIOUS FEB BILLS 3002577-29119 5,250.12 5,250.12 JAN 2-31-404-6020 28771 OLD TOWN 652.91 652.91 FRONT FEB 095-167-7907-2 30650 PAUBA RD 381.48 381.48 FEB 2-40-576-0232 44173 20.64 20.64 BUTTERFIELD STG FEB 2-41-072-5246 29429 TEM PKWY 25.69 25.69 FEB 2-35-164-3242 44270 MEADOWS 27.43 27.43 PKWY FEB 2-35-164-3515 32932 LEENA WAY 27.58 27.58 FEB 2-35-164-3663 42335 MEADOWS 27.58 27.58 PKWY FEB 2-35-164-3770 43487 29.26 29.26 BUTTERFIELD STG Paget apChkLst Final Check List Page: 3 03/21/2019 9:35:11AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 5935 03/04/2019 000537 SO CALIF EDISON 5936 03/04/2019 000537 SO CALIF EDISON 5937 03/04/2019 000537 SO CALIF EDISON 5938 03/04/2019 000537 SO CALIF EDISON 5939 03/21/2019 010349 CALIF DEPT OF CHILD SUPPORT 5940 03/21/2019 000194 1 C M A RETIREMENT -PLAN 303355 5941 03/21/2019 000444 INSTATAX (EDD) 5942 03/21/2019 000283 INSTATAX (IRS) 5943 03/21/2019 000389 NATIONWIDE RETIREMENT SOLUTION 5944 03/21/2019 001065 NATIONWIDE RETIREMENT SOLUTION 5945 03/21/2019 000246 PERS (EMPLOYEES' RETIREMENT) 5946 03/15/2019 010276 TIME WARNER CABLE 5947 03/15/2019 010276 TIME WARNER CABLE 5948 03/18/2019 010276 TIME WARNER CABLE (Continued) Description Amount Paid Check Total FEB 2-41-072-5394 29429 TEM PKWY 37.03 37.03 FEB 2-33-357-5785 44747 REDHAWK 39.31 39.31 PKWY FEB 2-28-904-7706 32329 OVERLAND 147.35 147.35 TRL FEB 2-34-624-4452 32131 S LOOP RD 1,102.17 1,102.17 SUPPORT PAYMENT 899.07 899.07 ICMA-RC RETIREMENT TRUST 457 9,480.41 9,480.41 PAYMENT STATE TAXES PAYMENT 23,799.39 23,799.39 FEDERAL TAXES PAYMENT 80,584.18 80,584.18 OBRA- PROJECT RETIREMENT 2,727.10 2,727.10 PAYMENT NATIONWIDE RETIREMENT PAYMENT 11,145.90 11,145.90 PERS RETIREMENT PAYMENT 105,320.55 105,320.55 MAR INTERNET SVCS-42569 586.77 586.77 MARGARITA RD MAR INTERNET SVCS-30875 RANCHO 586.77 586.77 VISTA RD MAR INTERNET SVCS- 41000 MAIN ST 44.87 44.87 Page:3 apChkLst Final Check List Page: 4 03/21/2019 9:35:11AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 5949 03/19/2019 007282 AMAZON COM INC, SYNCB/AMAZON 5950 03/05/2019 000537 SO CALIF EDISON 5951 03/05/2019 000537 SO CALIF EDISON 5952 03/05/2019 000537 SO CALIF EDISON 5953 03/05/2019 000537 SO CALIF EDISON 5954 03/05/2019 000537 SO CALIF EDISON 5955 03/05/2019 000537 SO CALIF EDISON 5956 03/05/2019 000537 SO CALIF EDISON 5957 03/05/2019 000537 SO CALIF EDISON 5958 03/05/2019 000537 SO CALIF EDISON 5959 03/05/2019 000537 SO CALIF EDISON 5960 03/05/2019 000537 SO CALIF EDISON 5961 03/05/2019 000537 SO CALIF EDISON 5962 03/05/2019 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total FILTER REPLACEMENT: STA 12 175.52 CLASS SUPPLIES - EXPLORER 43.32 MISC SUPPLIES AND TOOLS: PREV 64.81 MISC ITEMS:TEAM PACE EMP EVENTS 22.98 FILTER REPLACEMENT: STA 12 33.92 CLASS SUPPLIES - EXPLORER 161.58 FILTER REPLACEMENT: STA 12 89.00 MISC SUPPLIES AND TOOLS: PREV 55.90 MISC SUPPLIES AND TOOLS: PREV 3.55 MISC SUPPLIES AND TOOLS: PREV 35.50 MISC ITEMS:TEAM PACE EMP EVENTS 42.97 OFFICE SUPPLIES & MISC - BC 52.18 781.23 FEB 2-35-421-1260 41955 4TH ST 16.11 16.11 FEB 2-21-981-4720 30153 TEM PKWY 21.70 21.70 FEB 2-29-807-1226 28077 DIAZ RD 24.73 24.73 FEB 2-29-657-2787 41638 WINCHESTER 24.88 24.88 RD FEB 2-31-419-2873 43000 HWY 395 24.88 24.88 FEB 2-29-807-1093 28079 DIAZ RD 25.16 25.16 FEB 2-31-031-2616 27991 DIAZ RD 25.44 25.44 FEB 2-31-282-0665 27407 DIAZ RD 25.57 25.57 FEB 2-34-333-3589 41702 MAIN ST 25.98 25.98 FEB 2-14-204-1615 30027 FRONT ST 35.59 35.59 FEB 2-31-536-3481 41902 MAIN ST 138.77 138.77 FEB 2-02-502-8077 43210 BUS PARK DR 540.86 540.86 FEB 2-19-171-8568 28300 MERCEDES 572.21 572.21 ST Page:4 apChkLst Final Check List Page: 5 03/21/2019 9:35:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 5963 03/05/2019 000537 SO CALIF EDISON FEB 2-18-937-3152 28314 MERCEDES ST 5964 03/05/2019 000537 SO CALIF EDISON FEB 2-02-351-4946 41845 6TH ST 5965 03/05/2019 000537 SO CALIF EDISON FEB 2-31-536-3655 41904 MAIN ST 5966 03/05/2019 000537 SO CALIF EDISON FEB 2-29-224-0173 32364 OVERLAND TRL 5967 03/05/2019 000537 SO CALIF EDISON FEB 2-31-912-7494 28690 MERCEDES ST 5968 03/05/2019 000537 SO CALIF EDISON FEB 2-29-933-3831 43230 BUS PARK DR 5969 03/05/2019 000537 SO CALIF EDISON FEB 2-00-397-5042 43200 BUS PARK DR 5970 03/05/2019 000537 SO CALIF EDISON FEB 2-32-903-8293 41000 MAIN ST 5971 03/06/2019 010276 TIME WARNER CABLE MAR INTERNET SVCS-41000 MAIN ST 194357 03/21/2019 001517 AETNA BEHAVIORAL HEALTH APR EMPLOYEE ASSISTANCE PRGM LLC, DBAAETNA RESOURCES APR EMPLOYEE ASSISTANCE PRGM 194358 03/21/2019 003552 AFLAC PREMIUM HOLDING, AFLAC ACCIDENT INDEMNITY C/O BNB BANK LOCKBOX PAYMENT 194359 03/21/2019 004422 AMERICAN BATTERY SUPPLIES & BATTERIES: CIVIC CORPORATION, CENTER DBA:AMERICAN BATTERY SUP 194360 03/21/2019 004240 AMERICAN FORENSIC NURSES PHLEBOTOMY SVCS:TEMECULA AFN POLICE PHLEBOTOMY SVCS:TEMECULA POLICE APR'19 STAND BY FEE: POLICE 194361 03/21/2019 000936 AMERICAN RED CROSS, LIFEGUARD TRAINING HEALTH & SAFETY SERVICES ITEMS:AQUATICS 194362 03/21/2019 003520 AMERICAN SOCIETY OF MUSIC LICENSING:OLD TOWN MUSIC COMPOSERS, AUTHORS & PUBLISHERS Amount Paid Check Total 638.63 638.63 831.54 831.54 947.55 947.55 1,574.03 1,574.03 1,780.06 1,780.06 1,783.03 1,783.03 3,032.00 3,032.00 16,039.35 16,039.35 1,008.98 1,008.98 1,267.20 -8.80 1,258.40 4,076.70 4,076.70 115.60 115.60 1,075.00 385.00 1,300.00 2,760.00 930.00 930.00 285.00 285.00 Page:5 apChkLst 03/21/2019 9:35:11AM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 194363 03/21/2019 013950 AQUA CHILL OF SAN DIEGO MAR WTR SVCS: POLICE 28.28 STOREFRONT DRINKING WATER SYS MAINT:MPSC 34.75 DRINKING WATER SYS MAINT:JRC 28.28 DRINKING WATER SYS MAINT:PW DEPT! 28.28 DRINKING WATER SYS MAINT:CIVIC CEI` 183.71 DRINKING WATER SYS MAINT:INFO TECI 28.28 331.58 194364 03/21/2019 004623 AQUA SOURCE INC POOL SUPPLIES: TES POOL 433.79 433.79 194365 03/21/2019 017149 B G P RECREATION INC TCSD INSTRUCTOR EARNINGS 2,998.80 TCSD INSTRUCTOR EARNINGS 3,969.00 TCSD INSTRUCTOR EARNINGS 5,953.50 TCSD INSTRUCTOR EARNINGS 885.50 TCSD INSTRUCTOR EARNINGS 523.25 TCSD INSTRUCTOR EARNINGS 764.75 15,094.80 194366 03/21/2019 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS:LIBRARY 57.82 BOOK COLLECTIONS:LIBRARY 41.16 BOOK COLLECTIONS:LIBRARY 20.08 BOOK COLLECTIONS:LIBRARY 90.90 BOOK COLLECTIONS:LIBRARY 124.65 BOOK COLLECTIONS:LIBRARY 12.73 347.34 194367 03/21/2019 015592 BAMM PROMOTIONAL UNIFORM JERSEYS:SPORTS 773.65 773.65 PRODUCTS INC 194368 03/21/2019 018101 BARN STAGE COMPANY INC, CABARET AT MPSC 1,000.00 1,000.00 THE 194369 03/21/2019 017145 BOARD, MARGO REIMB:TEAM PACE REFRESHMENTS 96.88 96.88 2/12/19 194370 03/21/2019 011348 BONCOR WATER SYSTEMS Monthly water tank filter repl:Sta 73 267.20 267.20 LLC, DBA SUNSHINE WATER SOFT 194371 03/21/2019 000137 BUSINESS CARD SERVICES, FEB 19 CITY VEHICLES FUEL: POLICE 2,381.86 2,381.86 CHEVRON AND TEXACO DEPT 194372 03/21/2019 003138 CAL MAT, DBAVULCAN ASPHALT SUPPLIES: PW STREET 171.00 MATERIALS CO MAINT ASPHALT SUPPLIES: PW STREET MAINT 175.69 ASPHALT SUPPLIES: PW STREET MAINT 250.68 597.37 194373 03/21/2019 004248 CALIF DEPT OF FEB BLOOD & ALCOHOL 525.00 JUSTICE-ACCTING ANALYSIS:TEM PD NOV FINGERPRINTING SRVCS:POLICE 49.00 FEB FINGERPRINT SVCS:VARI DEPTS 2,945.00 3,519.00 Page.-6 apChkLst Final Check List Page: 7 03/21/2019 9:35:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 194374 03/21/2019 000131 CARL WARREN AND COMPANY CLAIM ADJUSTER SVCS INC 194375 03/21/2019 004462 CDW LLC, DBA CDW SMALL TOOLS & EQUIP:INFO TECH GOVERNMENT LLC LAPTOP & ACCESSORIES: POLICE POP 194376 03/21/2019 019715 CHS EDUCATION FOUNDATION REFUND: SEC DEPOSIT TCC 3/8/19 194377 03/21/2019 017429 COBRAADVANTAGE INC, DBA FEB FSA & COBRAADMIN: HR THE ADVANTAGE GROUP 194378 03/21/2019 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS CHARITIES PAYMENT 194379 03/21/2019 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES:PARKING DIST GARAGE 194380 03/21/2019 011922 CORELOGIC INC, DBA RENEW PROP ID SOFTWARE CORELOGIC SOLUTIONS SUBSCR:CODE ENF 194381 03/21/2019 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 194382 03/21/2019 004329 COSTCO TEMECULA491 MISC SUPPLIES:MPSC 194383 03/21/2019 014501 COUNTYWIDE MECHANICAL HVAC MAINTENANCE - STA 92 SYSTEMS 194384 03/21/2019 017038 CPS HR CONSULTING CLASS STUDY SVCS: HR 194385 03/21/2019 020436 CRONBERG, RICHARD N TCSD INSTRUCTOR EARNINGS 194386 03/21/2019 002990 DAVID TURCH AND FEB'19 FEDERAL LOBBYING SVCS ASSOCIATES 194387 03/21/2019 017721 DAVIS, TIMOTHY B TCSD INSTRUCTOR EARNINGS 194388 03/21/2019 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOM RENTAL: SRVCS RIVERTON PORTABLE RESTROOM RENTAL: LONG i PORTABLE RESTROOM RENTAL: LA SEF PORTABLE RESTROOM RENTAL: VAIL Ri Amount Paid Check Total 2,594.80 2,594.80 971.80 1,336.48 2,308.28 125.00 125.00 562.50 562.50 4.00 4.00 325.16 325.16 279.00 279.00 157.50 157.50 203.41 203.41 633.19 633.19 2,899.20 2,899.20 308.00 308.00 3,500.00 3,500.00 1,750.00 1,750.00 55.88 55.88 55.88 55.88 223.52 Page:? apChkLst 03/21/2019 9:35:11AM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 194389 03/21/2019 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES:PW 1,096.37 STREET MAINT FUEL FOR CITY VEHICLES: POLICE DEP 77.88 FUEL FOR CITY VEHICLES: POLICE DEP' 37.43 FUEL FOR CITY VEHICLES: TCSD 454.07 FUEL FOR CITY VEHICLES:PW PARKS M 1,073.22 FUEL FOR CITY VEHICLES:BLDG & SAFE 222.19 FUEL FOR CITY VEHICLES:CODE ENF 145.04 FUEL FOR CITY VEHICLES:CITY MGR 43.90 FUEL FOR CITY VEHICLES:PW TRAFFIC 258.52 3,408.62 194390 03/21/2019 019293 E&F PET SUPPLIES INC K-9 FOOD: TEMECULA POLICE 84.70 84.70 194391 03/21/2019 004068 ECALDRE MANALILI-DE VILLA, TCSD INSTRUCTOR EARNINGS 122.50 AILEEN TCSD INSTRUCTOR EARNINGS 122.50 TCSD INSTRUCTOR EARNINGS 262.50 TCSD INSTRUCTOR EARNINGS 157.50 TCSD INSTRUCTOR EARNINGS 210.00 TCSD INSTRUCTOR EARNINGS 245.00 TCSD INSTRUCTOR EARNINGS 175.00 TCSD INSTRUCTOR EARNINGS 245.00 TCSD INSTRUCTOR EARNINGS 175.00 TCSD INSTRUCTOR EARNINGS 426.56 TCSD INSTRUCTOR EARNINGS 252.00 TCSD INSTRUCTOR EARNINGS 70.00 2,463.56 194392 03/21/2019 013367 ELECTRO INDUSTRIAL SUPPLY SMALL TOOLS & EQUIP:PW TRAFFIC 679.50 679.50 194393 03/21/2019 017736 FEAST CALIFORNIA CAFE LLC, RFRSHMNTS:ACE/ART OFF THE WALL 108.79 108.79 DBA CORNER BAKERY CAFE 194394 03/21/2019 000165 FEDERAL EXPRESS INC FEB EXPRESS MAIL SERVICES 634.72 634.72 194395 03/21/2019 010804 FEHR & PEERS NOV OLD TOWN PARKING 11,451.57 11,451.57 STUDY:PLANNING 194396 03/21/2019 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 16.32 KRACH, BREE - CASE# 603016103 909.42 KRACH, BREE - CASE# 603016103 5.44 KRACH, BREE - CASE# 603016103 2.04 933.22 194397 03/21/2019 019710 FU, JIMMY CREATIVE SPACES #8 FREEDOM: ECO 200.00 200.00 DEV 194398 03/21/2019 003946 G T ENTERTAINMENT, AKA ENTERTAIN M ENT: LIGHT IT UP 300.00 300.00 GEOFFREY GAIER YELLOW PageB apChkLst Final Check List Page: 9 03/21/2019 9:35:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 194399 03/21/2019 001937 GALLS LLC MISC EQUIP: TEMECULA POLICE VOLUNTEERS 194400 03/21/2019 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES:FINANCE INC OFFICE SUPPLIES:FIELD OPERATIONS MISC. OFFICE SUPPLIES: STA 84 194401 03/21/2019 009475 GOLDEN STAR TECHNOLOGY, getac screen protection film: police INC, DBA: GST 194402 03/21/2019 021140 GOMEZ, DINA REFUND: CLASS REG YOUTH MUSICAL THEATER 194403 03/21/2019 000186 HANKS HARDWARE INC SUPPLIES:SKATE PARK HARDWARE SUPPLIES: BC 194404 03/21/2019 010210 HOME DEPOT SUPPLY INC MAINT SUPPLIES, LIBRARY 194405 03/21/2019 011049 HOSPICE OF THE VALLEY 9/1-11/30 CDBG SUB-RECIPI ENT: HOSPICE CAR 194406 03/21/2019 017334 HOUSE OF AUTOMATION INC AUTOMATIC GATE REPAIR - STA 95 194407 03/21/2019 021090 IDENTITY LINKS, INC. Glass Jars for Workforce Strategic: HR 194408 03/21/2019 009135 IMPACT MARKETING & DESIGN STAFF APPAREL:AROUND & ABOUT INC TEMECULA 194409 03/21/2019 020673 INTEGRITY SUPPORT Pre -employment screenings:HR SERVICES INC, EMPLOYMENT SCREENING RESO 194410 03/21/2019 015358 KELLY PAPER COMPANY INC PLOTTER PAPER & PAPER SUPPLIES:CNTRL SRV 194411 03/21/2019 017118 KRACH BREE B, DBA Engraving srvcs:wall of honor/ plaques TEMECULA TROPHY & DES CREDIT: TAX WITHHOLDING CASE 60301 TROPHIES:ROD RUN'19 NAME BADGE:ECO DEV '19 DAIS NAME PLATES:FIRE/TCSD COM CREDIT: TAX WITHHOLDING CASE 60301 CREDIT: TAX WITHHOLDING CASE 60301 CREDIT: TAX WITHHOLDING CASE 60301 Amount Paid Check Total 23.40 23.40 18.43 94.65 38.60 151.68 471.95 471.95 170.00 170.00 191.39 58.68 250.07 37.33 37.33 3,042.50 3,042.50 225.00 225.00 410.26 410.26 329.65 329.65 101.55 101.55 451.64 451.64 21.75 -5.44 3,637.69 8.16 65.25 -16.32 -909.42 -2.04 2,799.63 Page9 apChkLst Final Check List Page: 10 03/21/2019 9:35:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 194412 03/21/2019 011145 LODATO JILL CHRISTINE, DBA TCSD INSTRUCTOR EARNINGS THE PARTY MOM TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 194413 03/21/2019 019561 M R S OSHA SAFETY INC Osha IIPP safety training 194414 03/21/2019 003782 MAIN STREET SIGNS, DBA VARIOUS PARK SIGNS AND SUPPLIES ATHACO INC SIGN REPLACEMENT SUPPLIES:PW STF 194415 03/21/2019 000944 MCCAIN TRAFFIC SUPPLY INC TRAFFIC SIGNAL PARTS: OVERLAND/MARGARITA 194416 03/21/2019 015259 MERCURY DISPOSAL BATTERIES RECYCLING FEES SYSTEMS INC 194417 03/21/2019 018314 MICHAEL BAKER ENG SUPPORT SVCS: PW04-08 INTERNATIONAL 194418 03/21/2019 005690 MICHELLE'S PLACE WOMENS FY 18/19 DISCRETIONARY GRANT BREAST, CANCER RESOURCE FUNDINGWE CENTER 194419 03/21/2019 005690 MICHELLE'S PLACE WOMENS FY 18/19 DISCRETIONARY GRANT BREAST, CANCER RESOURCE FUNDING:JS CENTER 194420 03/21/2019 013443 MIDWEST TAPE LLC BOOKS/COLLECTIONS:LIBRARY BOOKS/COLLECTIONS:LIBRARY 194421 03/21/2019 012264 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 194422 03/21/2019 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: VARIOUS INC PARKS 194423 03/21/2019 016445 MKB PRINTING & BUSINESS CARDS:TCSD PROMOTIONAL INC, DBA MINUTEMAN PRESS BUSINESS CARD: ECON DEV BUSINESS CARDS: CITY MGR OFC 194424 03/21/2019 010990 MOORE IACOFANO GOLTSMAN JAN-FEB CONSULTING INC, DBAM I G SRVCS:PLANNING 194425 03/21/2019 009443 MUNYON, DENNIS G. APR-JUN LICENSE FEE:OLD TOWN PRKG LOT Amount Paid Check Total 1,596.00 5,880.00 68.60 7,544.60 300.00 300.00 537.67 559.99 1,097.66 393.32 393.32 269.04 269.04 5,848.50 5,848.50 1,000.00 1,000.00 1,000.00 1,000.00 114.38 43.49 157.87 369.60 705.60 147.00 1,222.20 127.69 127.69 284.79 253.29 184.51 722.59 7,758.75 7,758.75 3,375.00 3,375.00 Page:10 apChkLst 03/21/2019 9:35:11AM Final Check List CITY OF TEMECULA Page: 11 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 194426 03/21/2019 018099 NATIONAL SAFETY DOT TESTING: HR 266.61 266.61 COMPLIANCE INC 194427 03/21/2019 015164 NATURES IMAGE INC PECHANGA PKWY ENV 206.86 206.86 MITIGATION:PW11-01 194428 03/21/2019 001323 NESTLE WATERS NORTH DRINKING WATER: LIBRARY 109.48 AMERICA, DBA READYREFRESH DRINKING WATER: TES POOL 9.78 DRINKING WATER: TVM 26.21 DRINKING WATER: SKATE PARK 8.61 DRINKING WATER: FOC 150.56 DRINKING WATER: MRC 13.12 DRINKING WATER: THEATER 41.79 DRINKING WATER: TCC 26.70 386.25 194429 03/21/2019 002292 OASIS VENDING, AKA EDWARD MPSC KITCHEN & COFFEE SUPPLIES 967.58 W BENDAS COFFEE & KITCHEN SUPPLIES:CIVIC CE 527.83 1,495.41 194430 03/21/2019 003964 OFFICE DEPOT BUSINESS SVS BUSINESS CARDS: FIRE DEPT STD BC 18.25 DIV OFFICE SUPPLIES:FINANCE 216.14 234.39 194431 03/21/2019 020936 OFFICE RELIEF INC ERGONOMIC SUPPLIES:HR 378.68 ERGONOMIC SUPPLIES:HR 118.54 497.22 194432 03/21/2019 005656 PAPA ESCONDIDO SEM 4/18/19 STACY FOX 100.00 100.00 194433 03/21/2019 000249 PETTY CASH PETTY CASH REIMBURSEMENT 841.52 841.52 194434 03/21/2019 010338 POOL & ELECTRICAL CHEMICAL SUPPLIES:VARIOUS POOLS 879.55 879.55 PRODUCTS INC 194435 03/21/2019 002579 POTAMUS PRESS CERTIFICATE/PROCLAMATION 1,043.02 1,043.02 HOLDERS:CTY CLR 194436 03/21/2019 011549 POWER SPORTS UNLIMITED, VEHICLE MAINT & REPAIR: TEM 929.40 DBA BMW MOTORCYCLES OF POLICE NO VEHICLE MAINT & REPAIR: TEM POLICE 487.75 1,417.15 194437 03/21/2019 021026 QUESTICA LTD BUDGET SOFTWARE 19,743.75 19,743.75 SU BSCRI PTI ON: F I NAN CE 194438 03/21/2019 019409 RANCHO CALIF WATER INSTALL LDSCP METER:TEM.PARK & 7,570.00 7,570.00 DISTRICT RIDE 194439 03/21/2019 020429 REMOTE SATELLITE SYSTEMS APR'19 SATELLITE PHONE SRVS:EOC 280.00 280.00 INT'L Page:11 apChkLst 03/21/2019 9:35:11AM Final Check List CITY OF TEMECULA Page: 12 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 194440 03/21/2019 021074 RESPONSIBLE MEDICAL, TB TESTING FOR EMPLOYEES:HR 75.00 75.00 SOLUTIONS CORP 194441 03/21/2019 002412 RICHARDS WATSON AND CREDIT:JAN 2019 LEGAL SERVICES -17,157.98 GERSHON JAN 2019 LEGAL SERVICES 122,741.23 105,583.25 194442 03/21/2019 000267 RIVERSIDE CO FIRE FPARC-TM, 233249, 18-19, Q2 2,444,684.75 2,444,684.75 DEPARTMENT 194443 03/21/2019 000406 RIVERSIDE CO SHERIFFS NOV-DEC'18 YOUTH COURT SRVCS 413.17 413.17 DEPT 194444 03/21/2019 014347 ROBERTS, PATRICIA G. TCSD INSTRUCTOR EARNINGS 393.75 TCSD INSTRUCTOR EARNINGS 393.75 787.50 194445 03/21/2019 014591 ROLDAN COMPANIES INC AKA, DEPOSIT/VIDEOTAPING SRVCS:EVERY 1,750.00 1,750.00 CREATIVE REALM ENTERTAIN 15 MIN 194446 03/21/2019 021139 RORIPAUGH RANCH PHASE 2 REFUND: PA19-0246 PLANNING APP 545.00 545.00 JDA FEES 194447 03/21/2019 004274 SAFE AND SECURE LOCKSMITH SRVCS:SKATE PARK 46.00 46.00 LOCKSMITH SRVC 194448 03/21/2019 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 3/16/19 191.25 191.25 TEMECULA MUSIC ACADEMY 194449 03/21/2019 021137 SANCHEZ HINES, CARMEN REFUND: SEC DEPOSIT TCC 3/9/19 275.00 275.00 194450 03/21/2019 017699 SARNOWSKI SHAWNAM PHOTOGRAPHY:ROD RUN'19 350.00 PRESTON PHOTOGRAPHY: FIRE DEPT 100.00 PHOTOGRAPHY: FIRST FRIDAY MAR'19) 150.00 PHOTOGRAPHY:SYMPHONY CRC CONC 125.00 PHOTOGRAPHY:CULTURAL HISTORY 150.00 875.00 194451 03/21/2019 021138 SCHREINER, JENNIFER REFUND: CLASS REG- FIDDLER ON 95.00 95.00 THE ROOF 194452 03/21/2019 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 3/14/19 600.00 600.00 194453 03/21/2019 013695 SHRED -IT US JV LLC, DBA: JAN-FEB DOC SHRED SRVCS:FOC 82.42 82.42 SHRED -IT USA LLC 194454 03/21/2019 015674 SJ LINKING SYSTEMS RADIO RENTALS:ROD RUN '19 800.00 800.00 Page:12 apChkLst 03/21/2019 9:35:11AM Final Check List CITY OF TEMECULA Page: 13 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 194455 03/21/2019 000645 SMART AND FINAL INC SUPPLIES:HIGH HOPES PRGM 287.00 SUPPLIES:CULTURAL ARTS 154.99 441.99 194456 03/21/2019 000519 SOUTH COUNTY PEST PEST CONTROL SRVCS:TEMEKU 94.00 CONTROL INC HILLS PARK PEST CONTROL SRVCS:BEHIND TARGE' 94.00 PEST CONTROL SRVCS:DUCK POND 49.00 237.00 194457 03/21/2019 019168 SOUTHWEST AREA SERVICE, REFUND: SEC DEPOSIT CRC 3/9/19 100.00 100.00 COMMITTEE N A 194458 03/21/2019 008337 STAPLES BUSINESS CREDIT OFFICE SUPPLIES:PW LAND DEV 65.29 OFFICE SUPPLIES:PW LAND DEV 8.96 OFFICE SUPPLIES:PW LAND DEV 17.82 SUPPLIES:GLOBAL CITIZENS VITICULTU 16.36 OFFICE SUPPLIES:CITY MANAGER OFC 57.81 OFFICE SUPPLIES:CITY MANAGER OFC 28.91 OFFICE SUPPLIES:PW DEPTS 79.17 OFFICE SUPPLIES:CRC 7.98 OFFICE SUPPLIES:CRC 16.93 OFFICE SU PPLI ES:TH EATER 128.36 OFFICE SUPPLIES:CRC 440.49 OFFICE SUPPLIES:TVM 16.13 OFFICE SUPPLIES:TCSD ADMIN 126.13 SUPPLIES:GLOBAL CITIZENS VITICULTU 198.24 CREDIT:OFFICE SUPPLIES/CITY MANAG -28.91 CREDIT:OFFICE SUPPLIES/CITY MANAG -28.91 OFFICE SUPPLIES:CITY MANAGER OFC 47.37 SUPPLIES: CONFERENCE CENTER & TC 203.10 1,401.23 194459 03/21/2019 002015 STAR WAY SYSTEMS SOUND TECHNICIAN:ROD RUN'19 1,125.00 1,125.00 CORPORATION, DBA SO CALIF SOUND 194460 03/21/2019 021142 TEMECULA GARDENS LP, HPDP:T.DEEDS 744.00 744.00 MISSION VILLAGE APTS 194461 03/21/2019 004873 TEMECULAVALLEY SEC DEPOSIT:TVHS SCHOLARSHIP 130.00 130.00 HISTORICAL, SOCIETY CONCERT 194462 03/21/2019 000306 TEMECULA VALLEY PIPE & IRRIG & PLUMBING SUPPLIES:VAR 120.35 120.35 SUPPLY PARKS 194463 03/21/2019 019473 TEMECULA VALLEY WOMAN'S REIMBURSEMENT:SAM HICKS 11,720.31 11,720.31 CLUB PLAYGROUND 194464 03/21/2019 010046 TV CONVENTION &VISITORS JAN'19 BUS. IMPRV DISTRICTASMNTS 108,141.78 108,141.78 BUREAU, DBA VISIT TEMECULA VALLEY Page:13 apChkLst Final Check List Page: 14 03/21/2019 9:35:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 194465 03/21/2019 000161 TYLER TECHNOLOGIES, INC IMPLEMENTATION/TRNG:TYLER EXECUTIME 194466 03/21/2019 020963 UPTOWN TEMECULAAUTO VEHICLE DETAILING SRVCS:TCSD SPA LLC 194467 03/21/2019 008977 VALLEY EVENTS INC FACE PAINTER:MPSC 3/21/19 194468 03/21/2019 014848 VALUTEC CARD SOLUTIONS FEB'19 TICKETING SRVCS:THEATER LLC 194469 03/21/2019 007987 WALMART SUPPLIES:SENIOR CENTER 194470 03/21/2019 020670 WEBB MUNICIPAL FINANCE FISCAL SRVCS:CFD 19-01 MUNICIPAL LLC SRVCS 194471 03/21/2019 021024 YANES BLANCAA, DBA DE DEC CONSULTING SRVCS:PLANNING GANGE CONSULTING DEPT Amount Paid Check Total 262.50 262.50 4.00 4.00 150.00 150.00 101.96 101.96 50.00 50.00 9,500.00 9,500.00 3,920.00 3,920.00 Grand total for UNION BANK: 3,130,047.40 Page:14 apChkLst Final Check List Page: 15 03/21/2019 9:35:11AM CITY OF TEMECULA 182 checks in this report. Grand Total All Checks: 3,130,047.40 Page:15 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: April 9, 2019 SUBJECT: Approve the Placement of the Karel Lindemans Memorial Bridge Sign on Overland Drive PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: That the City Council approve the placement of the Karel Lindemans Memorial Bridge Sign on Overland Drive. BACKGROUND: At the direction of City Council in 2004, the City of Temecula placed a plaque on the Overland Drive overpass over Interstate 15 to recognize the efforts of former Council Member and Mayor Karel Lindemans. Mr. Karel Lindemans served on Temecula's first City Council from 1989-1992 and again from 1994-1999. Mr. Lindemans passed away in 2012. The plaque reads in part: The City of Temecula: Our Sincere Appreciation to Karel F. Lindemans. The City of Temecula extends its deepest gratitude to Karel Lindemans for his dedication, commitment and devotion to the planning, financing and construction of the Overland Bridge Overcrossing Project. Karel's role and years of service on the City Council were critical to the City's efforts to complete this important project. In support of the aforementioned plaque and appreciation of Mr. Lindemans' dedication, a bridge sign entitled "Karel Lindemans Memorial Bridge" is proposed to more visibly depict the name and legacy related to this overpass. Upon approval, a sign entitled "Karel Lindemans Memorial Bridge" will be installed within the City's right of way on both the east and west end of the bridge. FISCAL IMPACT: Total cost for signs is $473.99. ATTACHMENTS: Sign Proof Artwork: 1211 W. Brooks St. ® Ontario, Ca 91762 Ph. 909.391-0988 Fx. 909.391-0249 Customer: 3418 S. 48Th St. Suite 310 CITYOFTEMECULA 3 Phoenix, AZ 85040 Revision # Ph. 480.476.9682 WO #: Date: Customer PO #: Fx. 909-391.0249 38720 1-30-19 N/A 60" X 18" THIS DESIGN IS THE SOLE PROPERTY OF MAIN STREET SIGNS. ANY DUPLICATION IN WHOLE OR IN PART WITHOUT THE EXPRESS WRITTEN CONSENT OF MAIN STREET SIGNS IS STRICTLY PROHIBITED. CUSTOMER APPROVAL: Signature Data The colors represented on paper or on screen may not match the final product. There is no way to account for the variations in screen and printer type. Printed color proofs can be made upon request to ensure the colors are accurate. Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: April 9, 2019 SUBJECT: Approve Funding for Michelle's Place to Enable the Expansion of the Cancer Resource Center (At the Request of Subcommittee Members Mayor Naggar and Council Member Edwards) PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: That the City Council approve funding for Michelle's Place to enable the expansion of the Cancer Resource Center, in an amount not to exceed $58,000 based on a 1:2 matching donation representing one City dollar for every two dollars otherwise donated towards the building expansion, and appropriate said amount from the General Fund unassigned fund balance. BACKGROUND: At the direction of Subcommittee Members Mayor Mike Naggar and Council Member Maryann Edwards, the City of Temecula formed the Southwest Riverside County Regional Cancer Services Taskforce in 2016. Its final meeting concluded on February 21, 2019 with a medical community networking event. The main priority of the Task Force was to determine how elected leaders in the region, and change makers in the cancer care and medical community, can work together to ease the burden of those suffering from cancer by ensuring they don't have to travel so far for treatment. The Regional Cancer Services Task Force (Task Force) was comprised of the cities of Temecula, Murrieta, Menifee, Wildomar, Canyon Lake and Lake Elsinore, the County of Riverside, Michelle's Place, American Cancer Society, IEHP, regional hospitals including Temecula Valley Hospital, Menifee Valley Medical Center, Loma Linda University Medical Center, UCSD Health, County Public Health, local oncologists, UCR School of Medicine, and supporting stakeholders such as Reeder Media and Western Riverside Council of Governments, as well as professionals with expertise on the topic of cancer screening, services and resources. Over the span of nine meetings, multiple subcommittee meetings, testimonials from cancer patients and caregivers in the region, the Task Force accomplished several objectives. In particular, through collaborative grant funding, the Task Force hired HARC Research, an independent nonprofit research organization, to assess cancer care and the availability of services and resources across the continuum of cancer care including prevention, diagnosis, treatment and post -treatment within the region. Two comprehensive studies were conducted specific to Southwest Riverside County, including "What do we know about Cancer in the Region," and "Southwest Riverside County Cancer Care Needs Assessment" available online and accessible to the medical community. HARC Research facilitated several follow-up action items related to these reports, including how to accommodate the region's need for additional, local, supportive cancer resources. These reports determined approximately 22,400 cancer survivors or people living with cancer reside in Southwest Riverside County, nearly 2,000 new cancer cases are diagnosed in our region each year, and approximately 1,005 oncology surgeries are performed annually. Approximately 924 people die of cancer in Southwest Riverside County with the highest mortality -risk cancers being cancer of respiratory/intrathoracic and digestive organs. With the exception of skin cancer, the good news is that people living in Southwest Riverside County are less likely to get cancer compared to those throughout California or in the U.S., and are more likely to survive it. Nevertheless, there are thousands of patients needing assistance in our region. Specifically, 24% of the cancer patients surveyed pointed to the financial hardship of cancer costs. Approximately 9% of people living in Southwest Riverside County are uninsured. Among other stats, 34% of cancer patients need help finding cancer resources. Michelle's Place, a Task Force Member and local nonprofit focused solely on breast cancer, volunteered to expand their focus from providing breast (only) cancer resources to providing resources for all types of cancer, and additionally create a division that assists patients needing financial support. As a result, their name has now changed from "Michelle's Place Breast Cancer Resource Center" to "Michelle's Place Cancer Resource Center." Their decision to expand services has necessitated expanding their offices/space to accommodate this business growth. Michelle's Place is in the process of purchasing a building, and are embarking on a capital campaign to raise $3.1M, plus $330,000 for tenant improvements, with a deadline of $1.2M needed by May 31, 2019 for the down payment imposed by the property owner through escrow. They are asking all Task Force Members to consider financially supporting the expansion into the new building in order to accommodate the enhanced cancer services requested by the Task Force. Michelle's Place has raised $1,020,000 and is currently $180,000 short of the $1.2M required down payment. It is also relevant to mention that in August of 2015, Susan G. Komen I.E. opted to relocate its annual Race for the Cure event from Temecula to the City of Lake Elsinore due to the fact that (1) they were unable to guaranty reinvesting an amount equal to the City's cost to sponsor the event ($29,693 for in -kind support) back into services specifically for Temecula residents; and (2) they were unable to ensure 100% of the Temecula Race proceeds remain local to the Komen I.E., as requested by the City Council. Had the City Council continued to sponsor the Susan G. Komen event, approximately $118,772 would have been contributed toward cancer resources since 2015. The Cancer Task Force Subcommittee recommends the City provide a 1:2 matching donation representing one City dollar for every two dollars otherwise donated towards the building expansion, up to a maximum of $58,000 of City funds for the benefit of added cancer resources for the citizens of Temecula. The City would limit its contribution to remain under 1.75% of the total cost of the facility plus improvements ($3,430,000), which is the maximum contribution without triggering prevailing wage. FISCAL IMPACT: An appropriation of $58,000 from the General Fund unassigned fund balance to the City Manager's Fiscal Year 2018-19 Operating Budget is requested to provide the match funding to Michelle's Place. ATTACHMENTS: None Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Lisa McConnell, Chief of Police DATE: April 9, 2019 SUBJECT: Approve the Three -Year Agreement with Thomson Reuters for Annual Subscription to the CLEAR for Law Enforcement Plus Online Database for the Temecula Police Department PREPARED BY: Mary Vollmuth, Purchasing Manager Lt. James Rayls, Temecula Police Department RECOMMENDATION: That the City Council approve the three-year Agreement with Thomson Reuters for annual subscription to the CLEAR for Law Enforcement Plus online database in the amount of $33,782.19. BACKGROUND: CLEAR for Law Enforcement, a legal online database licensed by Thomson Reuters to law enforcement agencies throughout the country and Riverside County is the premier source utilized to obtain public and proprietary records that provide pertinent information required in active investigations. The CLEAR database will provide assigned Temecula Police Detectives and Officers secured access within a single platform to obtain data from several relevant sources. Having the capability to obtain real-time and historical data under this solution via desktop or laptop computers, tablets, and smartphones will reduce time spent researching and acquiring material needed to help expedite the investigative process. Utilizing CLEAR also provides source transparency by indicating where the data referenced came from, who supplied the data and when. The Temecula Police Department is requesting approval of a three-year subscription to receive reduced pricing by entering into a multi -year term Agreement. However, the Addendum to the Agreement enables the City to terminate services upon completion of the first twelve months if required. Multiple law enforcement agencies within Riverside County utilize the CLEAR database. After thorough research and demonstration, the Temecula Police Department is confident in the accuracy, value, and benefit of information stored within and retrieved from the CLEAR database. FISCAL IMPACT: Adequate funds are included in the Fiscal Year 2018-19 Police Department Operating Budget. ATTACHMENTS: Agreement and Addendum Order Form Order ID:Q-00420794 'IHOMSON REUTERS' Contact your representative raitdv.13itrncstu,thoinsonrcuturs.cotit with any questions. Thank you. Account Address Account#: 1003587608 TEMECULA POLICE DEPT ACCOUNTS PAYABLE 30755 AULD RD STE A MURRIETA CA 92563-2581 US Subscriber Information Shipping Address Account #: 1003587608 TEMECULA POLICE DEPT ACCOUNTS PAYABLE 30755 AULD RD STE A MURRIETA CA 92563-2581 US Billing Address Account#: 1003587608 TEMECULA POLICE DEPT ACCOUNTSPAYABLE 30755 AULD RD STE A MURRIETA, CA 92563-2581 US This Order Form is a legal document between West Publishing Corporation and Subscriber. 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Additional Order Form Terms and Conditions Government Non Avai la bi I i ty of F u nds for Online, Praetice Solutions or Solt►F•are Products Page 3 of 5 You may cancel a product or service with at least 60 days written notice if you do not receive sufficient appropriation of funds. Your notice must include an official document,(e.g., executive order, an officially printed budget or other official government communication) certifying the non - availability of funds. You will be invoiced for all charges incurred up to the effective date of the cancellation. Signature for 0rdcr ID: Q-00420794 ACKNOWLEDGEMENT 0-00420794 I have read all pages and attachments to this Order Form and I accept the terms on behalf of Subscriber. I warrant that I am authorized to sign this Order Form on behalf of the Subscriber. CITY OF TEMECULA _- (SEE ATTACHED) Signature of Authorized Representative for order Date © 2019 West, a Thomson Reuters business. All rights reserved This Order Form will expire and will not be accepted after 5/17/2019 CT. WEST PUBLISHING CORPORATION ivlargar rmstrong Hamm Assistant Secretary Manager of Commercial Customer Contracts Page 4 of 5 Date THOMSON REUTERS CLEAR ORDER FORM ACKNOWLEDGEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney Page 4 of 5 Thomson Reuters CLEAR Acknowledgement Order Form Q-00420794 cam, Attachment Order III:Q-00420794 �! THOMSON REUTERS' Contact your representative randy_.1)arnes tt Ihomsonreuters.cain with any questions. Thank you. Order ID: Q-00420794 Payment and Shipping Information Payment Method: Payment Method: Bill to Account Account Number: 1003587608 Order Confirmation Contact (#28) Contact Name:Jim Rayls Email.jrayls@riversidesheriff.org Account Contacts Contact Name Email Address Customer Type Description James Rayls 'ra is riversidesh riff.org CLEAR PRIMARY CONT James Rayls L jra is riversidesh riff.org I EML PSWD CONTACT IP Address Information From IP Address To IP Address From IP Address To IP Address From IP Address To IP Address 00.000.000.000 Page 5 of 5 THOMSON REUTERS Addendum to Order Form — Q-00420794 Subscriber: 'remecisla Police Department Account#: 1003587608 1. Effect of Addendum. The Order Form, the underlying General Terms and Conditions and applicable Schedule A ("Agreement"), is amended to incorporate the terms of this Addendum. All terms used in this Addendum shall have the meanings attributed to them in the Agreement. 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The following shall be added as Section 9(e) Insurance: Unless modified or waived by your Risk Manager, in writing, we shall maintain throughout the term of this Agreement, General Liability, Auto Liability, Cyber Liability and Workers Compensation Insurance with the following minimum limits of coverage and naming the County of Riverside, City of Temecula, the Temecula Community Services Department and the Successor Agency to the Temecula Redevelopment Agency as additional insured as applicable: General Liability: $1 million w/ $2 million aggregate Auto Liability: $1 million combined single limit Workers Compensation: $1 million each accident Cyber Liability: Data Breach Liability (including bank charges): $1 million; Security Breach Liability: $1 million; Data Breach Expense (post breach): $1 million; Identity Theft: $100,000 per claim B. Section 11 Force Majeure: Shall be modified such that it is a mutual right. C. 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Thorson, City Attorney ADDENDUM PAGE3of3 Thomson Reuters CLEAR Order Form Addendum Q-00420794 THOMISON REUTERS SECRETARY'S C1,1101HCA'm WIU,ST PUBUSIIING CORPORATION I, Helen V. Stamatiadis, Assistant Secretary of West Publishing Corporation, a Minnesota corporation (the " Corlxyation" ), do hereby certify m an officer of the Corporation that: I. I ant a duly elected, qualified and acting Assistant Secretary of the Corporation and the keeper of the corporate records. 2. Listed below are duly appointed ol'ficers of the Corporation and are hereby authorized to execute documents in the name of and on behall' of the Corporation in the capacity set forth opposite their names: Brian Peccarelli President Paul Fischer Chief Financial Officer Edward A. Friedland Vice President & Secretary Marc E. Gold Vice President & Assistant Secretary James Keane Assistant Secretary & VP. Global Payroll Donna Gies Assistant Secretary Randy Goetz Assistant Secretary Margaret Hamm Assistant Secretary Cynthia (Cindy) L. Hansen Assistant Secretary Gary Hartman Assistant Secretary Joseph Kapustynski Assistant Secretary David Laidig Assistant Secretary Donna LaVardera Assistant Secretary Andrew Martens Assistant Secretary Alejandro Medrano Assistant Secretary John S. Nelson Assistant Secretary Scott Nelson Assistant Secretary Jon Olson Assistant Secretary Helen V. Stamatiadis Assistant Secretary 3. The Corporation is an indirect subsidiary of Thomson Reuters Corporation, a company organized under the laws of the Province of Ontario, Canada and listed on both the Toronto Stock Exchange and the New York Stock Exchange. IN WITNESS WHEREOF, I have hereunto set my han s the As Secretary of the Corporation this 2nd day of January 2019. Helen . Stamatiadis Assistan ecretary `g THOMSON REUTERS STATE OF CONNEChICUT tiff ,Stamford COUNTY 010 FAIRFII:LI) On this 2nd clay 01' January 2019. bel'ore me, the undersigned, a notary public in and For tits State of Connecticut, personally appeared Helen V. Stamatiadis. Assislant Secretary of West Publishing Corporation, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year in this certil'icate first hereinabove written. Notary Public 11 E1lrrrl►f `'��\L1�•S. Dry►�►/rrrr •'�� Y.pCOMMIU MY EXPISSI�'NI � 7/31/2022 ►►►flirt 110 ►% Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 9, 2019 SUBJECT: Approve a List of Projects to be Funded by Senate Bill 1 (SB 1) for Fiscal Year 2019-20 PREPARED BY: Amer Attar, Principal Civil Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO.19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A LIST OF PROJECTS TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 BACKGROUND: Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide. The City of Temecula is set to receive an estimated amount of $1,784,713 for Fiscal Year 2018-19, and $1,873,331 for Fiscal Year 2019-20 for Local Streets and Roads, from the Road Maintenance and Rehabilitation Account (RMRA) funded by SB 1. These amounts are based on the latest estimates published by the State in May 2018 and as updated on January 22, 2019. The City intends to use SB 1 revenues to supplement the City's pavement rehabilitation program. On August 15, 2018, the California Transportation Commission (CTC) adopted the Local Streets and Roads Funding Program 2019 Reporting Guidelines. Section 2 of the guidelines, Funding Program Objectives and Statutory Requirements, states: "Prior to receiving an apportionment of RMRA funds from the Controller in a fiscal year, a city or county must submit to the Commission a list of projects proposed to be funded with these funds. All projects proposed to receive funding must be adopted by resolution by the applicable city council or county board of supervisors at a regular public meeting [SHC 2034(a)(1)J. " For Fiscal Year 2018-19 and subsequent years, in order for an agency to receive SB 1 funds, a list of proposed projects must be submitted to the CTC by May 1, 2018 and every year thereafter pursuant to an annually adopted resolution. On April 24, 2018, the City Council approved a list of projects for Fiscal Year 2018-19. The City does have the ability to change projects from the ones on the list submitted to the CTC. Having this flexibility, enabled the City to designate projects that were ready for construction to receive SB 1 RMRA funds. The first project designated to receive these funds was the Pavement Rehabilitation Program, Rancho California Road between Jefferson Avenue and the western Citylimits. The City have completed the update to the Pavement Management Program (PMP). Utilizing the PMP, staff have developed a list of project that will rehabilitate a number of streets in the next few years. This list will be included in the upcoming Capital Improvement Program (CIP) Budget for Fiscal Years 2020-24. Staff is recommending that the same list is submitted to the CTC as the City's approved projects to receive SB 1 RMRA funds. As projects are ready for construction, staff will designate sufficient number of projects to exhaust the SB 1 RMRA funds the City is set to receive annually. FISCAL IMPACT: According to the Local Streets and Roads Funding Program 2019 Reporting Guidelines adopted by the CTC on August 15, 2018 in order to receive SB 1 funds, the City must submit a list of projects for Fiscal Year 2019-20 to the CTC by May 1, 2019. By submitting the list of projects to the CTC by the specified deadline, the City is set to receive approximately $1,873,331 for Fiscal Year 2019-20 from the Road Maintenance and Rehabilitation Account (RMRA) funded by SB 1. ATTACHMENTS: 1. Resolution 2. List of Projects (Exhibit A) RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A LIST OF PROJECTS TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council hereby finds, determines and declares that: A. Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide; and B. SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Temecula are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and C. On April 24, 2018, the City Council approved a list of projects for Fiscal Year 2018-19; and D. The California Transportation Commission (CTC) adopted the Local Streets and Roads Funding Program 2019 Reporting Guidelines At the August 15, 2018 meeting; and E. Section 2 of the Local Streets and Roads Funding Program 2019 Reporting Guidelines, Funding Program Objectives and Statutory Requirements, indicates that prior to receiving an apportionment of RMRA funds from the Controller in a fiscal year, a city or county must submit to the Commission a list of projects proposed to be funded with these funds; and F. The City of Temecula must adopt by resolution at a regular public meeting a list of all projects proposed to receive RMRA funds; and G. The City of Temecula is set to receive an estimated amount of $1,873,331 in Fiscal Year 2019-20 for Local Streets and Roads from the Road Maintenance and Rehabilitation Account (RMRA) funded by SB 1; and H. The SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co -benefits statewide. Section 2. Approval of the SB 1 Project List for Fiscal Year 2019-20 A. The foregoing recitals are true and correct. B. The List of Projects Proposed to Receive Road Maintenance and Rehabilitation Account (RMRA) Revenues Funded by SB 1 for Fiscal Year 2019-20 and supplemented with the Gas Tax, Measure A and local funds is hereby approved. List of Projects is attached hereto as Exhibit A and is incorporated herein as though set forth in full. Section 3. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9"' day of April, 2019. Michael S. Naggar, 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. 19- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of April, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A of TEAf_,C1'e e 1989 a' V NIVA Aft 33 jfA C?�Mm�% The Heart of Southern Caliiorn;:. 'one Count! .. LIST OF PROJECTS PROPOSED TO RECEIVE ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) REVENUES FUNDED BY SB 1 FOR FISCAL YEAR 2019-20 Street and Limits > Meadowview Area and Loop Anticipated Year of Construction/ Useful Life Fundinq Source Funding Years Appropriation Source Fiscal Year 2019-20 Via Norte, Del Rey, Avenida Barca, and other residential streets (10 20) $1,873,331 RMRA > Commerce Center Drive/Rider Way/ Enterprise Circle West and South (10-20) > Rancho Vista Road (Paseo Goleta to Butterfield Stage Road, including 200 feet of Meadows Parkway north and south of the Rancho Vista intersection and about 800 (10-20) additional 800 feet along the northbound lanes of Meadows Parkway north of Rancho Vista Road) $1,873,331 (1) Road Maintenance and Rehabilitation Account (RMRA) Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 9, 2019 SUBJECT: Accept Skyview Park into the City -Maintained Park System (Located Southwesterly of the Intersection of Murrieta Hot Springs Road and Roripaugh Valley Road) PREPARED BY: Ron Moreno, Senior Civil Engineer Steve Charette, Associate Civil Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING SKYVIEW PARK INTO THE CITY -MAINTAINED PARK SYSTEM BACKGROUND: Skyview Park is the 5.1-acre neighborhood park (Planning Area No. 6) within the Roripaugh Ranch development. The park site is located at the southwest corner of the Murrieta Hot Springs Road and Roripaugh Valley Road intersection. Pursuant to Operating Memorandum No. 7 for Tract Map 29353-2, dated May 28, 2015, the developer was required to dedicate the park site to the City in fee title. Additionally the developer was required to construct the park per City -approved plans LD14-3159. Lot 2 of Tract Map 29353-2 (APN 964-460-002) was conveyed by Roripaugh Valley Neighborhood Park, LLC to the City for public park use by Grant Deed recorded on July 2, 2015 as Document Number 0287367 of Official Records of the County of Riverside. Public Works staff has inspected the park and has determined that park improvements are 100% complete. The Performance Bond will be released by separate action of the Director of Public Works as authorized by City Council under the provisions of Resolution No. 99-110. Staff recommends that the City Council adopt the attached resolution accepting Skyview Park into the City -maintained park system. FISCAL IMPACT: The costs for routine maintenance of plant, irrigation and site improvements are included in the Parks Maintenance Operating Budget. ATTACHMENTS: 1. Resolution 2. Location Map RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING SKYVIEW PARK INTO THE CITY -MAINTAINED PARK SYSTEM THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Skyview Park is the 5.1-acre neighborhood park (Planning Area No. 6) within the Roripaugh Ranch development. The park site is located at the southwest corner of the Murrieta Hot Springs Road and Roripaugh Valley Road intersection. Section 2. Pursuant to the Operating Memorandum No. 7 for Tract Map 29353-2, dated May 28, 2015, the developer was required to dedicate the park site to the City in fee title and to construct the park improvements. Section 3. Lot 2 of Tract Map 29353-2 (Assessor Parcel Number 964-460-002) was conveyed by Roripaugh Valley Neighborhood Park, LLC to the City for public park use by Grant Deed recorded on July 2, 2015 as Document Number 0287367 of Official Records of the County of Riverside. Section 4. Public Works Staff has reviewed and inspected the park and has determined that improvements are 100% complete per the City -approved plans LD14-3159. Section 5. The Performance Bond will be released by separate action of the Director of Public Works as authorized by City Counci under the provisions of Resolution No. 99-110. Section 6. The City Council of the City of Temecula hereby accepts into the City - Maintained Park System Skyview Park, described as Lot 2 of Tract Map No. 29353-2. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9tn day of April, 2019. Michael S. Naggar, 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. 19- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9ffi day of April, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 9, 2019 SUBJECT: Approve Specifications, and Authorize Solicitation of Construction Bids for Pavement Rehabilitation Program — Rancho Vista Road, Paseo Goleta to Butterfield Stage Road, PW 19-01 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Laura Bragg, Associate Engineer II RECOMMENDATION: That the City Council: 1. Approve the specifications, and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program — Rancho Vista Road, Paseo Goleta to Butterfield Stage Road; 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301 Existing Facilities, of the CEQA Guidelines. BACKGROUND: As part of the Capital Improvement Program and Budget for Fiscal Year 2019-23, the City Council approved appropriations to support a Citywide Pavement Rehabilitation Program that would implement the recommended maintenance activities identified in the previously completed Pavement Management Program update (PMP). The PMP prioritized the areas in need of repairs and identified the recommended method for these repairs. Using the PMP, staff selected Rancho Vista Road based on its ranking in the PMP report, economy of scale, and the available budget. The project will rehabilitate the full width of Rancho Vista Road from the eastern most leg of Paseo Goleta to Butterfield Stage Road, the full width of Meadows Parkway 200 feet north and south of the Rancho Vista Road intersection and approximately 800 additional feet along the northbound lanes of Meadow Parkway, north of Rancho Vista Road. Work generally will consist of edge grinding and cold milling existing pavement, placing asphalt concrete, reconstruction of ADA ramps, adjustment of existing utilities to grade, and replacing existing striping, pavement markers, and traffic signal loops. Project Specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the office of the Director of Public Works. The Engineer's Construction Cost Estimate is $1,100,000.00 and the number of allowable working days is 60, which is three months. This Project is exempt from CEQA requirements pursuant to Article 19, Categorical Exemptions, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repair and maintenance of existing highways, streets, and gutters are Class 1 activities, which are exempt from CEQA. FISCAL IMPACT: The Pavement Rehabilitation Program — Citywide is identified in the City's Capital Improvement Program, Fiscal Years 2019-23, and is funded with General Fund, Gas Tax, Measure A and Road Repair and Accountability Act RMRA Funds (SB 1). Adequate funds are available in the project accounts to construct the project. ATTACHMENTS: 1. Project Description 2. Project Location Map Wino c—n Capital Improvement Program Fiscal Years 2019-23 PAVEMENT REHABILITATION PROGRAM - CITYWIDE Circulation Project Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit / Core Value: This project improves pavement conditions so that the transportation needs of the public, business industry, and government can be met. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: A priority list of rehabilitation projects is used to determine the allocation of available funding. Installations are completed on an ongoing basis. Department: Public Works - Account No. 210.165.655 Level: 2022-23 Project Cost: Prior Years FYE 2018 2018-19 Projected Actual Carryover Adopted 2019-20 2020-21 2021-22 and Future Total Project Expenditures Budget Appropriation Proiected Projected Projected Years Cost Administration $ 2,312,408 $ 285,652 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 120,000 $ 3,918,060 Construction $ 18,394,986 $ 3,895,090 $ 2,629,591 $ 2,577,154 $ 2,655,941 $ 2,736,689 $ 3,199,397 $ 36,088,848 Construction Engineering $ 289,799 $ 664,960 $ 250,000 $ 250:000 $ 250,000 $ 250,000 $ 50,000 $ 2,004,759 Design/Environmental $ 781,049 $ 516,993 $ 1,298,042 Totals $ 21,778,242 1 $ 5,362,695 1 $ 3,179,591 1 $ 3,127,154 1 $3,205,941 1 $3,286,689 1 $3,369,397 1 $ 43,309,709 Source of Funds: Prior Years FYE 2018 2018-19 Actual Carryover Adopted 2019-20 2020-21 2021-22 2022-23 Total Project Expenditures Budget Appropriation Proiected Proiected Proiected Proiected Cost General Fund $ 4,543,670 $ 1,148,944 $ 5,692,614 Gas Tax $ 341,187 $ 858,813 $ 1,200,000 RMRA (1) $ 633,191 $ 1,843,670 $ 1,880,543 $1,918,154 $ 1,956,517 $1,995,647 $ 10,227,722 Measure A $ 14,893,385 $ 2,721,747 $ 1,335,921 $ 1,246,611 $1,287,787 $ 1,330,172 $1,373,750 $ 24,189,373 Measure S $ 2,000,000 $ 2,000,000 Total Funding: $ 21,778,242 $ 5,362,695 $ 3,179,591 $ 3,127,154 $3,205,941 $3,286,689 $3,369,397 $ 43,309,709 Future Operation & Maintenance Costs: 2018-19 2019-20 2020-21 2021-22 2022-23 (1) Road Repair and Accountability Act (RMRA) i f it COR7E SO !t CORTE 9� M°+T�L �LS e� FLECO*Iwo qW ro41%W� City of Temecula - Rancho Vista Road Paving %/- ''r+iimbols* t �+ CORTE LAS CRUC�� Q G MR J w0 OPF ���� 9L ��� pEL CERROlow AM to M '9 TINE qP y � ��� ���� °°�r�� ljy�� u��a�►'��r� + t fib %4+.9WW_ -- -. Goo �� e�s7 4V W JJA IF �����w� ar► �' CORTE FLO*0" CAMINO NUNEZ Y� ` • CORTE CARMEt"P' 0 01 1M \Plit rA v ; CAWNO SEN ' Ar • o rp CMr � �� A 0 250 500 1,000 Feet The map RanchoVistaPaving.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update I I I I I I I I I and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis Updated 03/07/2019 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 9, 2019 SUBJECT: Adopt a Resolution and Authorize the City Manager to Approve and Execute Documents Related to the Exchange Agreement between the City of Temecula and Tri Pointe Homes, Inc. (Lot 87 Easement and Drainage Easement) PREPARED BY: Ron Moreno, Senior Civil Engineer Steve Charette, Associate Civil Engineer RECOMMENDATION: That the City Council: Adopt a resolution entitled: RESOLUTION NO.19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED EXCHANGE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND TRI POINTE HOMES, INC. (LOT 87 EASEMENT AND DRAINAGE EASEMENT) 2. Authorize the City Manager to approve and execute any necessary documents, including the Forms of Grant of Lot 87 Drainage Easement and Grant of Permanent Easement attached as Exhibits "D" and "E", respectively, to the Exchange Agreement, and to take all necessary actions to complete the two grant of easements, including without limitations, all escrow instructions. BACKGROUND: The City of Temecula ("City") and Tri Pointe Homes ("TPH") wish to exchange easements on their respective parcels for their mutual benefit in connection with TPH's proposed Cypress Ridge Development (Tentative Tract Map No. 37021) and the City's previously constructed drainage improvements pursuant to CIP Project Number PW99-11 SD (See Location Map). The City is the record fee owner of that certain vacant real property referred to as Lot 87 of Tract Map Number 21067, recorded in May, 1991. Lot 87 was originally identified on Tract Map 21067 for drainage purposes. In 1992 Lot 87, along with Lots 88 and 89, were conveyed to the City as part of a Park Agreement with the developer. Lot 87 ultimately was not used for park and recreation purposes because of its small, irregular size and separation from Lots 88 and 89 by a public street. TPH is the record fee owner of that certain vacant real property located in the City of Temecula, commonly known as 45100 Pechanga Parkway, Temecula, and identified as Riverside County Tax Assessor's Parcel Numbers 961-450-012-6 and 961-450-013-7 (Larger Parcel). TPH currently is constructing the Cypress Ridge Development on the TPH Larger Parcel as part of proposed Tentative Tract Map 37021. TPH wishes to acquire from the City a permanent easement for drainage purposes, including a water quality bio-retention basin, on the City's Lot 87 in connection with TPH's proposed Cypress Ridge Development. The approximate 4,791 square foot drainage easement on Lot 87 that TPH wishes to acquire from the City is described more particularly on Exhibit "A- I" and depicted on Exhibit "A-2" which are attached to the Exchange Agreement. TPH's proposed use for storm drain purposes is consistent with the original use shown on TM 21067 for Lot 87. In exchange for the Lot 87 Drainage Easement, TPH desires to convey to the City and the City wishes to acquire from TPH an approximate 6,488 square foot easement (referred to below as "Easement Parcel") on the TPH Larger Parcel for a public use, namely storm drain purposes. The Easement Parcel is located on the TPH Larger Parcel at the northeast corner of the intersection of Pechanga Parkway and Loma Linda, and is described more particularly on Exhibit `B-1" and depicted on Exhibit `B-2" which are attached to the Exchange Agreement. The City and TPH wish to exchange easements on their respective parcels for their mutual benefit. Specifically, TPH wishes to acquire the Lot 87 Drainage Easement on the City's Lot 87 in connection with TPH's proposed Cypress Ridge Development. The City wishes to acquire the Easement Parcel on the TPH Larger Parcel for a public use, namely for certain storm drain improvements constructed by the City on said Easement Parcel pursuant to CIP Project Number PW99-11SD. No exchange of monies are a part of this Exchange Agreement because the fair market value estimates are similar and the exchange is of mutual benefit to the parties. The Agreement constitutes an all-inclusive settlement and payment of just compensation for the City's acquisition of the Easement Parcel and Tri Pointe Homes acquisition of the lot 87 Drainage Easement. Staff recommends that the City Council take the actions set forth above and approve the Exchange Agreement. FISCAL IMPACT: No exchange of monies are a part of this Exchange Agreement. The Agreement constitutes an all-inclusive settlement and payment of just compensation for the City's acquisition of the Easement Parcel and Tri Pointe Homes acquisition of the lot 87 Drainage Easement. ATTACHMENTS: 1. Resolution 2. Exchange Agreement 3. Grant of Drainage Easement to City 4. Grant of Permanent Easement to Tri Pointe Homes 5. Location Map RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED EXCHANGE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND TRI POINTE HOMES, INC. (LOT 87 EASEMENT AND DRAINAGE EASEMENT) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") and Tri Pointe Homes ("TPH") wish to exchange easements on their respective parcels for their mutual benefit in connection with TPH's proposed Cypress Ridge Development (Tentative Tract Map No. 37021, PA15-1892, PA 15-1893, PA15- 1894, and PA15-1895) and the City's previously constructed drainage improvements pursuant to CIP Project Number PW99-11SD. The Cypress Ridge Development was approved by the City Council on September 5, 2017 pursuant to City Council Resolution No. 17-61. B. The City is the record fee owner of that certain approximate 4,791 square foot (0.11 acres) vacant real property referred to as Lot 87 of Tract Map Number 21067 (TTM 21067) located in the City of Temecula as Riverside County Tax Assessor's Parcel Number 961-450-003 ("Lot 87") pursuant to that certain Corporation Grant Deed recorded on March 3, 1992 as Document Number 072161 of Official Records of the County of Riverside ("Lot 87 1992 Grant Deed"). Pursuant to the Lot 87 1992 Grant Deed, Kingsway Construction Company conveyed to the City its interest in Lot 87. C. Lot 87 was originally identified on Tract Map 21067 for maintenance, repair, re- construction of drainage improvements, access or other related improvements. It was conveyed to the City in fee pursuant to the Lot 87 1992 Grant Deed. Several exceptions, including a Park Agreement recorded on March 3, 1992 as Document Number 72162 of Official Records of the County of Riverside ("Park Agreement") and an Agreement Regarding Proposed Stream or Lake Alteration between the State of California Department of Fish and Game and Kingsway Construction Company recorded on March 3, 1992 as Document Number 72163 of Official Records of the County of Riverside ("Stream Alteration Agreement") are recorded against Lot 87. Pursuant to said Park Agreement, Kingsway Construction Company agreed to convey to the City certain parcels, including Lot 87, Lot 88, and Lot 89 of Tract Map 21067, free and clear of liens and encumbrances and subject to the provisions of the Park Agreement and the Stream Alteration Agreement. Lots 88 and 89 are improved with the Pala Community Park. Lot 87 was not used for park and recreation purposes in connection with Lots 88 and 89 because of its small approximate 4,791 square foot irregular size and separation from Lots 88 and 89 by a public street, and it is not feasible to use Lot 87 for park purposes based on these factors. D. TPH is the record fee owner of that certain vacant real property located in the City of Temecula, County of Riverside, State of California, commonly known as 45100 Pechanga Parkway, Temecula, and identified as Riverside County Tax Assessor's Parcel Numbers 961-450 012-6 and 961-450-013-7 ("TPH Larger Parcel"). E. TPH wishes to acquire from the City a permanent easement for drainage purposes, including a water quality bio-retention basin, on the City's Lot 87 in connection with TPH's proposed Cypress Ridge Development. The approximate 4,791 square foot drainage easement on Lot 87 that TPH wishes to acquire from the City is described more particularly on Exhibit "A- I" and depicted on Exhibit "A-2" to the Exchange Agreement (referred to below as "Lot 87 Drainage Easement"). Said use for storm drain purposes is consistent with the original use shown on TTM 21067 for Lot 87 for maintenance, repair, re -construction of drainage improvements, access or other related improvements. F. In exchange for, and in consideration for, the Lot 87 Drainage Easement, TPH desires to convey to the City and the City wishes to acquire from TPH an approximate 6,488 square foot easement (referred to below as" Easement Parcel") on the TPH Larger Parcel for a public use, namely storm drain purposes and all uses necessary or convenient thereto. The Easement Parcel is located on the TPH Larger Parcel at the northeast corner of the intersection of Pechanga Parkway and Loma Linda Road, and is described more particularly on Exhibit `B-1" and depicted on Exhibit "B-2" to the Exchange Agreement. Pursuant to the Exchange Agreement, TPH acknowledges that after Close of Escrow, the City may transfer to the Riverside County Flood Control and Water Conservation District the City's interest in the Easement Parcel. G. TPH's predecessor -in -interest, RC Pechanga 20, LP, a Delaware limited partnership obtained a fair market value appraisal of Lot 87 and the Easement Parcel based on a date of value of May 9, 2016. The appraisal indicated a fair market value of $26,600 for Lot 87 and $27,400 for the Easement Parcel. H. The City and TPH wish to exchange easements on their respective parcels for their mutual benefit. Condition 43 of the Cypress Ridge Development required that the Developer process the required documents for the exchange of easements contemplated in the Exchange Agreement. Condition 44 required that the Developer provide a drainage easement on the Easement Parcel. Accordingly, pursuant to the Exchange Agreement, TPH wishes to acquire the Lot 87 Drainage Easement on the City's Lot 87 in connection with TPH's proposed Cypress Ridge Development. The City wishes to acquire the Easement Parcel on the TPH Larger Parcel for a public use, namely for certain storm drain improvements, and all uses necessary or convenient thereto previously constructed by the City on said Easement Parcel pursuant to CIP Project Number PW99-11 SD. No exchange of monies are a part of this Exchange Agreement because the fair market value estimates are similar and the exchange is of mutual benefit to the parties. The Exchange Agreement constitutes an all-inclusive settlement and payment of just compensation for the City's acquisition of the Easement Parcel and Tri Pointe Homes acquisition of the lot 87 Drainage Easement. Section 2. Approval of Exchange Agreement. The City Council of the City of Temecula approves that certain agreement entitled Exchange and Joint Escrow Instructions Between the City of Temecula and Tri Point Homes, Inc. (Lot 87 Easement and Drainage Easement) ("Exchange Agreement"), with such changes in the Exchange Agreement as may be mutually agreed upon between the City and Tri Pointe Homes, Inc. as are in substantial conformance with the form of Exchange Agreement on file in the office of the City Clerk. The Mayor is hereby authorized to execute the Exchange Agreement on behalf of the City. A copy of the final Exchange Agreement, when executed by the Mayor, will be placed on file in the office of the City Clerk. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Exchange Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Exchange Agreement, including but not limited to, approval and execution on behalf of the City of the Grant of Drainage Easement, Grant of Permanent Easement and other similar agreements and documents as contemplated by or described in the Exchange Agreement or as necessary and convenient to implement the Exchange Agreement and to effectuate the grant of the Subject Easements contemplated therein, including but not limited to escrow instructions and related documents to effect the transfer of the Subject Easements contemplated by the Exchange Agreement. Section 4. Environmental Review. The environmental effects for the exchange of the real property interests contemplated in the Exchange Agreement were studied as an integral part of the environmental review for the Cypress Ridge Development, which was approved on September 5, 2017 pursuant to City Council Resolution No. 17-61. The findings made by the City Council at its meeting on September 5, 2017 in approving City Council Resolution No. 17-59, A Resolution of the City Council of Temecula Certifying the Final Environmental Impact Report, Adopting Findings Pursuant to the California Environmental Quality Act, Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program for the Cypress Ridge Project, Consisting of Approximately 22.73 Acres, Generally Located on the Northwest Corner of Pechanga Parkway and Loma Linda Road are the appropriate findings for the exchange of the permanent easement on Lot 87 and the Drainage Easement contemplated in the Exchange Agreement. Condition 43 of the Cypress Ridge Development required that the Developer process the required documents for the exchange of easements contemplated in the attached Exchange Agreement. Condition 44 required that the Developer provide a drainage easement on the Easement Parcel. The findings made by the City Council at its meeting on September 5, 2017 in approving Resolution No. 17-59 and Resolution No. 17-61 in connection with the Cypress Ridge Development are the appropriate findings for the exchange of the permanent easement on Lot 87 and the Drainage Easement. In connection with the attached Exchange Agreement, City staff reviewed all of the environmental documentation prepared in connection with Cypress Ridge Development, including, but not limited to Resolution No. 17-59 and the findings set forth therein, Resolution No. 17-61, the Final EIR, Statement of Overriding Considerations, and the Mitigation Monitoring Report. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Cypress Ridge Development, no substantial changes have occurred in the circumstances under which the Cypress Ridge Development is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis, including the fact that no mitigation measures previously found not to be feasible would in fact be feasible. These environmental findings are the appropriate findings with respect to the exchange of the Drainage Easement and the permanent easement on Lot 87. Section 5. Certification. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of April, 2019. Michael S. Naggar, 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. 19- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9t1i day of April, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXCHANGE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND TRI POINTE HOMES, INC. (LOT 87 EASEMENT AND DRAINAGE EASEMENT) This Exchange Agreement and Joint Escrow Instructions (Agreement) is entered into by and between TRI Pointe Homes, Inc., a Delaware corporation (TPH), and the City of Temecula, a municipal corporation (City), and constitutes an agreement to exchange certain real property between the parties and the parties' joint escrow instructions directed to Chicago Title Insurance Company (Escrow Holder). The Agreement is effective as of the date that it is fully executed by the parties (effective date). RECITALS A. The City is the record fee owner of that certain approximate 4,791 square foot (0.11 acres) vacant real property referred to as Lot 87 of Tract Map Number 21067 (TTM 21067) located in the City of Temecula, County of Riverside, State of California identified as Riverside County Tax Assessor's Parcel Number 961-450-003 (Lot 87) pursuant to that certain Corporation Grant Deed recorded on March 3, 1992 as Document Number 072161 of Official Records of the County of Riverside (Lot 87 1992 Grant Deed). Pursuant to the Lot 87 1992 Grant Deed, Kingsway Construction Company conveyed to the City its interest in Lot 87. B. Lot 87 was originally identified on Tract Map 21067 for maintenance, repair, re- construction of drainage improvements, access or other related improvements. It was conveyed to the City in fee pursuant to the Lot 87 1992 Grant Deed. Several exceptions, including a Park Agreement recorded on March 3, 1992 as Document Number 72162 of Official Records of the County of Riverside (Park Agreement) and an Agreement Regarding Proposed Stream or Lake Alteration between the State of California Department of Fish and Game and Kingsway Construction Company recorded on March 3, 1992 as Document Number 72163 of Official Records of the County of Riverside (Stream Alteration Agreement) are recorded against Lot 87. Pursuant to said Park Agreement, Kingsway Construction Company agreed to convey to the City certain parcels, including Lot 87, Lot 88, and Lot 89 of Tract Map 21067, free and clear of liens and encumbrances and subject to the provisions of the Park Agreement and the Stream Alteration Agreement. Lots 88 and 89 are improved with the Pala Community Park. Lot 87 was not used for park and recreation purposes in connection with Lots 88 and 89 because of its small approximate 4,791 square foot irregular size and separation from Lots 88 and 89 by a public street. C. TPH is the record fee owner of that certain vacant real property located in the City of Temecula, County of Riverside, State of California, commonly known as Pechanga Parkway, Temecula, and identified as Riverside County Tax Assessor's Parcel Numbers 961- 450-012-6 and 961-450-013-7 (TPH Larger Parcel). TPH proposes to construct the Cypress Ridge Development on the TPH Larger Parcel as part of proposed Tentative Tract Map 37021. D. TPH wishes to acquire from the City a permanent easement for drainage purposes, including a water quality bio-retention basin, on the City's Lot 87 in connection with TPH's proposed Cypress Ridge Development. The approximate 4,791 square foot drainage easement on Lot 87 that TPH wishes to acquire from the City is described more particularly on Exhibit "A-V and depicted on Exhibit "A-2" hereto (referred to below as "Lot 87 Drainage Easement"). Said use for storm drain purposes is consistent with the original use shown on TTM 21067 for Lot 87 -1- for maintenance, repair, reconstruction of drainage improvements, access or other related improvements. E. In exchange for, and in consideration for, the Lot 87 Drainage Easement, TPH desires to convey to the City and the City wishes to acquire from TPH an approximate 6,488 square foot easement (referred to below as "Easement Parcel") on the TPH Larger Parcel for a public use, namely storm drain purposes and all uses necessary or convenient thereto. The Easement Parcel is located on the TPH Larger Parcel at the northeast corner of the intersection of Pechanga Parkway and Loma Linda, and is described more particularly on Exhibit "B-1" and depicted on Exhibit "B-2" hereto. F. TPH's predecessor -in -interest, RC Pechanga 20, LP, a Delaware limited partnership obtained a fair market value appraisal of Lot 87 and the Easement Parcel based on a date of value of May 9, 2016. The appraisal indicated a fair market value of $26,600 for Lot 87 and $27,400 for the Easement Parcel. G. The City and TPH wish to exchange easements on their respective parcels for their mutual benefit. Specifically, TPH wishes to acquire the Lot 87 Drainage Easement on the City's Lot 87 in connection with TPH's proposed Cypress Ridge Development. The City wishes to acquire the Easement Parcel on the TPH Larger Parcel for a public use, namely for certain storm drain improvements, and all uses necessary or convenient thereto previously constructed by the City on said Easement Parcel pursuant to CIP Project Number PW99-11SD. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and TPH agree as follows: 1. Exchange of Lot 87 Drainage Easement and _the Easement Parcel. On the Close of Escrow, as defined in Section 2 below, the City and TPH agree to complete the following in connection with the exchange of the Lot 87 Drainage Easement and the Easement Parcel, respectively, subject to and on the terms and conditions set forth in this Agreement. a. On the Close of Escrow (as defined below in Section 2), the City agrees to convey to TPH a non-exclusive drainage easement on Lot 87, subject to and on the terms and conditions set forth in this Agreement. b. On the Close of Escrow, TPH will convey to the City the approximate 6,488 square foot easement on the Easement Parcel for a public use, namely storm drain purposes, and all uses necessary or convenient thereto, subject to and on the terms and conditions set forth in this Agreement. TPH expressly acknowledges that after Close of Escrow, the City may transfer to the Riverside County Flood Control and Water Conservation District its interest in the Easement Parcel. C. The transactions contemplated by Sections 1.a. and 1.b. above will constitute a single transaction and will close concurrently. 2. Opening and Close of Escrow. Within five business days after the effective date of this Agreement, the City will deliver to Escrow Holder, via electronic mail, a copy of the fully - executed Agreement. For purposes of this Agreement, Opening of Escrow means the date on which Escrow Holder receives from the City, via electronic mail, a copy of the fully -executed Agreement from the City and TPH. The parties can execute the Agreement in counterparts as 11086.0191/2235622v2 -2- set forth in Section 23 below. Close of Escrow means the date on which the Grant of Easement for the Lot 87 Drainage Easement and the Grant of Easement for the Easement Parcel described in Sections 5 and 6 below are delivered and recorded in the Official Records of the County of Riverside. Except as provided in Section 3.b. below, the Close of Escrow will occur on the date that is 30 calendar days after the Opening of Escrow after the performance of all duties and obligations under this Escrow that are required to take place prior to Close of Escrow. Before the Close of Escrow, City will solely bear all risk of loss and damage to the Lot 87 Drainage Easement from any source whatsoever. Before the Close of Escrow, TPH will bear all risk of loss and damage to the Easement Parcel from any source whatsoever. 3. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holderwill obtain and issue a title commitment for (i) the Lot 87 Drainage Easement and (ii) the Easement Parcel. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitments. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitments to the City and TPH. a. Title Insurance on Lot 87 Drainage Easement. Escrow Holder will insure TPH's easement interest in the Lot 87 Drainage Easement, which is described in Recital A above and on Exhibits "A-V and "A-2" to this Agreement at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of $26,600 (Lot 87 Drainage Easement Policy). TPH will pay for the cost of the Lot 87 Drainage Easement Policy. The Lot 87 Drainage Easement Policy provided for pursuant to this Section will insure TPH's easement interest in the Lot 87 Drainage Easement free and clear of all liens, encumbrances, restrictions, and rights -of - way of record, subject only to the following permitted conditions of title (Lot 87 Drainage Easement Permitted Title Exceptions): - i. General and special real property taxes for the then current tax fiscal year that are a lien not then due and payable; ii. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Lot 87 Drainage Easement; iii. Those non -monetary exceptions identified on the preliminary title report for Lot 87 Drainage Easement issued by Chicago Title, which is attached as Exhibit "C" hereto and dated June 13, 2018 (Lot 87 Preliminary Title Report), including, but not limited to (i) the Park Agreement and (ii) the Stream Alteration Agreement; and iv. Any non -monetary exceptions, which were not previously identified on the Lot 87 Preliminary Title Report attached hereto, and that are approved by TPH within 15 business days after the date Escrow Holder sends to the parties the updated or revised title commitment for the Lot 87 Drainage Easement and legible copies of all instruments noted as exceptions therein. If TPH unconditionally disapproves any such exceptions, the City will, within ten business days, notify TPH whether it will cure such exception (City Title Response). TPH will have the option to waive such objection or to terminate this Agreement by notice given to the City within five business days of the date the City sends the City Title Response. If TPH elects to terminate this Agreement, Escrow will thereupon terminate, all funds deposited by TPH will be refunded to TPH (less TPH's share of escrow -cancellation charges), and this Agreement will have no further force or effect. If TPH conditionally disapproves any such exceptions, then the City will use commercially reasonable efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, TPH may, at its 11086.0191/2235622v2 -3 option, either accept the Lot 87 Drainage Easement subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow by TPH (less TPH's share of escrow -cancellation charges), if any, and this Agreement will thereupon be of no further force or effect. At the Close of Escrow, TPH's interest in the Lot 87 Drainage Easement will be free and clear of all monetary encumbrances. Notwithstanding the foregoing, TPH may waive obtaining the Lot 87 Drainage Easement Policy pursuant to this Section 3(a). b. Title Insurance on Easement Parcel. Escrow Holder will insure the City's easement interest in the Easement Parcel, which is described in Recital E above and on Exhibits "13-1" and "B-2" to this Agreement at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of $27,400 (Easement Parcel Policy). The City will pay for the cost of the Easement Parcel Policy. The Easement Parcel Policy provided for pursuant to this Section will insure the City's easement interest in the Easement Parcel free and clear of all liens, encumbrances, restrictions, and rights -of -way of record, subject only to the following permitted conditions of title (Easement Parcel Permitted Title Exceptions): i. General and special real property taxes for the then current tax fiscal year that are a lien not then due and payable; ii. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Easement Parcel; and iii. Those non -monetary exceptions approved by the City within 15 business days after the date the City receives the title commitment and legible copies of all instruments noted as exceptions therein. If the City unconditionally disapproves any such exceptions, TPH will, within ten business days, notify the City whether it will cure such exception (TPH Title Response). The City will have the option to waive such objection or to terminate this Agreement by notice given to TPH within five business days of the date TPH sends the TPH Title Response. If the City elects to terminate this Agreement, Escrow will thereupon terminate, all funds deposited therein will be refunded to the City (less City's share of escrow -cancellation charges), and this Agreement will have no further force or effect. If the City conditionally disapproves any such exceptions, then TPH will use commercially reasonable efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non - monetary exceptions are not removed by the Close of Escrow, the City may, at its option, either accept the Easement Parcel subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less City's share of escrow -cancellation charges), if any, and this Agreement will thereupon be of no further force,or effect. At the Close of Escrow, the City's easement interest in the Easement Parcel will be free and clear of all monetary encumbrances. Notwithstanding the foregoing, the City may waive obtaining the Easement Parcel Policy pursuant to this Section 3(b). 4. Deposit of Funds in Escrow. The City covenants to deposit into Escrow the funds required to deliver to TPH the Lot 87 Drainage Easement free and clear of monetary encumbrances within five business days of notification from Escrow that said funds are necessary. TPH covenants to deposit into Escrow the funds required to deliver to the City the Easement Parcel free and clear of monetary encumbrances within five business days of notification from Escrow that said funds are necessary The City and TPH each covenant and agree to deposit into Escrow their respective share of the escrow -related costs and charges within five business days of receiving written notice from Escrow Holder regarding the confirmation of the completion of the conditions required herein for the Close of Escrow. 11086.0191/2235622v2 -4- 5. Deposit of Documents in Escrow by City. a. Grant of Easement for Lot 87. The City will, within 15 business days after the date this Agreement is fully executed by the parties, deposit with Escrow Holder the Grant of Easement granting to TPH the Lot 87 Drainage Easement. The form of the Grant of Easement for the Lot 87 Drainage Easement is attached as Exhibit "D" to this Agreement and is incorporated in this Agreement by this reference. b. Certification of Non -Foreign Status. If applicable, the City will deliver to Escrow Holder, prior to the Close of Escrow, a certification of Non -Foreign Status in accordance with I.R.C. Section 1445. C. Proof of City's Authorization. The City will deliver to Escrow such proof of the City's authorization to enter into this transaction as Escrow Holder may reasonably require to issue the Lot 87 Drainage Easement Policy. 6. Deposit of Documents in Escrow b TPH. a. Grant of Easement for Easement Parcel. TPH will, within 15 business days after the date this Agreement is fully executed by the parties, deposit with Escrow Holder the Grant of Easement granting to the City a permanent easement on the Easement Parcel for drainage purposes and all uses necessary or convenient thereto. The form of the Grant of Easement for the Easement Parcel is attached as Exhibit "E" to this Agreement and is incorporated in this Agreement by this reference. The City will accept said executed Grant of Easement for the Easement Parcel prior to recording. b. Certification of Non -Foreign Status. If applicable, TPH will deliver to Escrow Holder, prior to the Close of Escrow, a certification of Non -Foreign Status in accordance with I.R.C. Section 1445. C. Withholding Exemption Certificate. If applicable, TPH will deliver to Escrow Holder, prior to the Close of Escrow, a Withholding Exemption Certificate 593-C as contemplated by California Revenue and Taxation Code Section 18862. d. Proof of TPH's Authorization. TPH will deliver to Escrow such proof of TPH's authorization to enter into this transaction as Escrow Holder may reasonably require to issue the Easement Parcel Policy. 7. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: a. Lot 87 Authorization. Escrow Holder can issue in favor of TPH the Lot 87 Drainage Easement Policy, showing TPH's easement interest in Lot 87 in favor of TPH, subject only to the Lot 87 Drainage Easement Permitted Title Exceptions. Escrow Holder will notify the City of any funds required to clear any monetary liens encumbering the Lot 87 Drainage Easement to obtain a full reconveyance, so that Lot 87 Drainage Easement is free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from the City regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Lot 87 Drainage Easement. 11086.0191/2235622v2 -5-- i. City will have deposited with Escrow Holder the funds, if any, required to clear any monetary liens and encumbrances on the Lot 87 Drainage Easement and the City's share of the escrow -related costs or charges. ii. Escrow Holder will have received the City's notice of approval or satisfaction or waiver of all of TPH's contingencies as provided for below in Section 15; and iii. The City will have deposited in Escrow the executed Grant of Easement for the Lot 87 Drainage Easement and other documents as required by Section 5. b. Easement Parcel Authorization. Escrow Holder can issue in favor of the City the Easement Parcel Policy, showing the City's easement interest in the Easement Parcel in favor of the City, subject only to the Easement Parcel Permitted Title Exceptions. Escrow Holder will notify TPH of any funds required to clear any monetary liens encumbering the Easement Parcel to obtain a full reconveyance, so that the Easement Parcel is free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from TPH regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Easement Parcel. i. TPH will have deposited with Escrow Holder the funds, if any, required to clear any monetary liens and encumbrances on the Easement Parcel and TPH's share of the escrow -related costs or charges. ii. Escrow Holder will have received TPH's notice of approval or satisfaction or waiver of all of the City's contingencies as provided for below in Section 14; and iii. TPH will have deposited in Escrow the executed Grant of Easement for the Easement Parcel and other documents as required by Section 6. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Lot 87 Drainage Easement Policy and Easement Parcel Policy, including the Grant of Easement for Lot 87 and Grant of Easement for the Easement Parcel. 8. Escrow Charges and Prorations. a. City Charges. The City will pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance for the Easement Parcel, and one half of (i) the Escrow costs and (ii) Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. The City will pay the costs, if any, for recording the Grant of Easement for the Easement Parcel, any documentary or other local transfer taxes, and any other recording fees for the transfer of the Easement Parcel. If the Escrow fails to close through no fault of either party, the City will pay half of the escrow -cancellation charges. b. TPH Charges. TPH will pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance for the Lot 87 Drainage Easement Policy, and one half of (i) the Escrow costs and (ii) Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. TPH will pay for recording the Grant of Easement for the Lot 87 Drainage Easement, any documentary or other local transfer taxes, and any other recording fees for transfer of the Lot 87 Drainage Easement. If the Escrow fails to close through no fault of either party, TPH will pay half of the escrow -cancellation charges. 11 086.0191/2235622v2 - 6-- C. There are no installment of taxes or assessments for the current year for the Lot 87 Drainage Easement area because Lot 87 is owned by the City, a public entity. Any installment of taxes or assessments for the current year paid at or prior to the Close of Escrow for the Easement Parcel shall be prorated based upon the amounts actually paid. If taxes and assessments for the current year have not been paid for the Easement Parcel before the Close of Escrow, TPH shall be charged at the Close of Escrow an amount equal to that portion of such taxes and assessments that relates to the period before the Close of Escrow and TPH will pay the taxes and assessments prior to their becoming delinquent. Any such apportionment made with respect to a tax year for which the tax rate or assessed valuation, or both, have not yet been fixed will be based upon the tax rate and/or assessed valuation last fixed. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the Close of Escrow, the parties will make all necessary adjustments by appropriate payments between themselves following the Close of Escrow. TPH will pay all delinquent taxes and assessments (and any penalties therein) for periods prior to the Close of Escrow, if any, affecting the Easement Parcel. d. All prorations will be determined on the basis of a 365-day year. The provisions of this Section 8 will survive the Close of Escrow. 9. As -Is Exchange. Subject to the warranties and representations set forth in Sections 10 and 11 of this Agreement regarding the Lot 87 Drainage Easement and the Easement Parcel, TPH and the City are acquiring the Lot 87 Drainage Easement and the Easement Parcel, respectively, on an "AS IS, WHERE IS" BASIS. a. Except for the representations and warranties set forth in Section 11, TPH is not relying on and the City has not made any warranties of any kind or character with respect to the environmental, soils, seismic or geotechnical condition of the Lot 87 Drainage Easement regarding the City's own use of Lot 87. Further, TPH is not relying on, and the City has not made and is not making any representations or warranties of any kind or character whatsoever with respect to the environmental, soils, seismic or geotechnical condition of Lot 87 Drainage Easement area based on the use of Lot 87 by any previous owner or occupant, including any use, generation, release, discharge, storage, or disposal of any hazardous waste, toxic substances or related materials on, under, in or about Lot 87 or transportation of any hazardous materials to or from Lot 87 by any previous seller or occupant of Lot 87. b. Except for the representations and warranties set forth in Section 10, the City is not relying on and TPH has not made any warranties of any kind or character with respect to the environmental, soils, seismic or geotechnical condition of the Easement Parcel. Further, the City is not relying on, and TPH has not made and is not making any representations or warranties of any kind or character whatsoever with respect to the environmental, soils, seismic or geotechnical condition of the Easement Parcel based on the use of the Easement Parcel by any previous owner or occupant, including any use, generation, release, discharge, storage, or disposal of any hazardous waste, toxic substances or related materials on, under, in or about the Easement Parcel or transportation of any hazardous materials to or from the Easement Parcel by any previous seller or occupant of the Easement Parcel. 10. Covenants, Warranties and Representations of TPH; Indemnity. TPH hereby covenants, represents and warrants to the City the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct in all material respects as of the effective date of this Agreement. If TPH acquires additional knowledge regarding the matters that are the subject of the warranties or representations contained in this 11086.0191/2235622v2 -7- Section 10 that would cause any of such warranties or representations to be incorrect in any material respect prior to the Close of Escrow, TPH will give prompt written notice thereof to the City. Within ten business days following receipt of such notice, the City may elect to cancel this Agreement and receive a refund of its share of the funds deposited in escrow, except for any escrow -cancellation charges. As of the Close of Escrow, the warranties and representations contained in this Section 10 shall be true and correct in all material respects, subject to any matters disclosed in writing by TPH to the City as provided in this Section 10, and will survive the Close of Escrow: a. TPH is the fee owner of the Easement Parcel and no other party has a fee interest in any portion of the Easement Parcel. b. To the best of TPH's knowledge, that (i) on the Close of Escrow the Easement Parcel will be free and clear of any and all Hazardous Substances, toxic substances, materials, and waste, including, but not limited to, asbestos and (ii) TPH has no notice of any pending or threatened action or proceeding arising out of the condition of the Easement Parcel or alleged violation of environmental, health or safety statutes, ordinance or regulations. TPH will indemnify and hold the City harmless for a breach of this warranty and representation. Hazardous Substances are defined below in Section 18. C. To the best of TPH's knowledge, TPH has not received any written notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Easement Parcel are or have been in violation of any Environmental Law as described below in Section 18, or informing TPH that the Easement Parcel is subject to investigation or inquiry regarding Hazardous Substances on the Easement Parcel or the potential violation of any Environmental Law. d. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the Easement Parcel to the City, violates or will violate any contract, agreement or instrument to which TPH is a party, or which affects the Easement Parcel, and TPH's grant to the City of the easement on the Easement Parcel pursuant to this Agreement does not require the consent of any party not a signatory hereto, except for any consent required by any lender in connection with a reconveyance of any deeds of trust or monetary encumbrances in connection with the Easement Parcel. e. To TPH's actual knowledge, there is no pending, threatened or potential litigation, action or proceeding against TPH or any other party before any court or administrative tribunal that involves the Easement Parcel or any portion thereof. f. To TPH's actual knowledge, except as disclosed in the title commitment referred to in Section 3, there are no claims or liens presently claimed or which will be claimed against the Easement Parcel for work performed or commenced by contractors, subcontractors, suppliers, engineers and/or architects and surveyors who might have lien rights prior to the date of this Agreement. TPH agrees to hold the City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Easement Parcel and arising from work performed or commenced prior to the Close of Escrow. g. TPH has the full right and power to execute, deliver and perform TPH's obligations under this Agreement, and when executed and delivered, TPH will be lawfully bound by the terms of the Agreement. To TPH's actual knowledge, the Easement Parcel is free and 11086.0191/2235622v2 -8 clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Easement Parcel onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment or apparent in a physical inspection of the Easement Parcel. TPH will not further encumber or allow the Easement Parcel to be further encumbered prior to the Close of Escrow without the City's prior written consent, which shall not be unreasonably withheld. h. TPH is not a "foreign person" within the meaning of Section 1445(f)(3) of the Internal Revenue Code. i. There are no (i) assignable contracts and agreements relating to or affecting the Easement Parcel to which TPH is a party or is obligated and pertaining to the upkeep, repair, maintenance, operation, or remediation of the Easement Parcel that will survive the Close of Escrow or (ii) other contracts or agreements, such as maintenance, service or utility contracts relating to or affecting the Easement Parcel to which TPH is a party or is obligated that will survive the Close of Escrow. j. Except for the City's possession of the Easement Parcel by the City's previous construction of certain storm drain improvements pursuant to CIP Project Number PW00-11 SD and any easements recorded against the Easement Parcel as reflected in the title commitment for the Easement Parcel, there are no other parties that have a right to possession of the Easement Parcel, or any portion thereof. The City acknowledges and agrees that TPH has entered or will enter into a license agreement with the Pechanga Band of Luiseno Indians for use of the Easement Parcel for the limited purpose of placement of certain rocks in the area of the Easement Parcel depicted on Exhibit "E" hereto, which is incorporated herein by this reference. k. To the fullest extent permitted by law, TPH will indemnify, defend and hold harmless the City, and its councilmembers, officials, officers, boards, commissions, consultants, agents and employees, and attorneys from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, disbursements and court costs) of every kind and nature whatsoever (collectively City Claims) that may arise out of, result from, or in any matter be related (directly or indirectly) to the failure of the warranties or representations of TPH contained in this Section 10 to be true and correct in all material respects. The indemnification provisions of this Section 10 shall survive the Close of Escrow for the longest period permitted by law and shall not be deemed merged or extinguished upon the recordation of the Grant of Easement for the Easement Parcel. 11. Representations and Warranties of the City_ Indemnity. The City hereby covenants, represents and warrants to TPH, it being expressly understood and agreed that all such representations and warranties are to be true and correct in all material respects as of the effective date of this Agreement. If the City acquires additional knowledge regarding the matters that are the subject of the warranties or representations contained in this Section 11 that would cause any of such warranties or representations to be incorrect in any material respect prior to the Close of Escrow, the City will give prompt written notice thereof to TPH. Within ten business days following receipt of such notice, TPH may elect to cancel this Agreement and receive a refund of its share of the funds deposited in escrow, except for any escrow -cancellation charges. As of the Close of Escrow, the warranties and representations contained in this Section 11 shall be true and correct in all material respects, subject to any matters disclosed in writing by the City to TPH as provided in this Section and will survive the Close of Escrow: 11086.0191/2235622v2 __9__ a. The City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. The City has not discharged on the Lot 87 Drainage Easement any Hazardous Substances, toxic substances, materials, and waste, including, but not limited to, asbestos. C. To the best of the City's knowledge, the City has no notice of any pending or threatened action or proceeding arising out of the condition of the Lot 87 Drainage Easement or alleged violation of environmental, health or safety statutes, ordinance or regulations. d. To the best of the City's knowledge, the City has not received any written notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Lot 87 Drainage Easement are or have been in violation of any Environmental Law as defined in Section 18 below, or informing the City that the Lot 87 Drainage Easement is subject to investigation or inquiry regarding Hazardous Substances as defined in Section 18 below on the Lot 87 Drainage Easement or the potential violation of any Environmental Law. e. The City has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein. f. To the fullest extent permitted by law, the City will indemnify, defend and hold harmless TPH, and its officers, partners, consultants, agents and employees and attorneys from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, disbursements and court costs) of every kind and nature whatsoever (collectively TPH Claims) that may arise out of, result from, or in any matter be related (directly or indirectly) to the failure of the warranties or representations of the City contained in this Section 11 to be true and correct in all material respects. The indemnification provisions of this Section 11 shall survive the Close of Escrow for the longest period permitted by law and shall not be deemed merged or extinguished upon the recordation of the Grant of Easement for the Lot 87 Drainage Easement. 12. Full Consideration for Exchange of the Lot 87 Drainage Easement and Easement Parcel. It is understood and agreed between TPH and the City that the respective exchange by the parties of the Easement Parcel and the Lot 87 Drainage Easement as provided in this Agreement constitutes an all-inclusive settlement and constitutes the full and complete consideration and payment of just compensation for the City's acquisition of the Easement Parcel and TPH's acquisition of the Lot 87 Drainage Easement. Said exchange is also full and complete consideration for all claims arising in connection with or out of the City's acquisition of the Easement Parcel for storm drain improvements and all uses necessary or convenient thereto, which is a public use, claims for severance and other damages, inverse condemnation, precondemnation damages, attorneys' fees, interest, loss of rents, relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1070 (42 U.S.C. 4601 et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.), loss of business goodwill pursuant to Code of Civil Procedure Section 1263.510, and any other damages of every kind and nature suffered by TPH by reason of the City's acquisition of the Easement Parcel or the public use for which the City is acquiring the permanent easement in the Easement Parcel, and all costs and expenses whatever in connection therewith. 11086.0191/2235622v2 -1 0- 13. Releases. a. This Agreement is a voluntary agreement and TPH, on the Close of Escrow, on behalf of TPH and TPH's successors and assigns, fully releases the City, its councilmembers, officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of the City's efforts to acquire the permanent easement on the Easement Parcel or any preliminary steps thereto and from any and all claims, demands, causes of action, obligations, liabilities or claims for further compensation relating to the City's acquisition of the Easement Parcel. TPH acknowledges that it may have sustained damage, loss, costs or expenses that are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, TPH hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that TPH may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect as these may relate to releases described in Sections 10 and 13. Civil Code Section 1542 provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The City and TPH acknowledge this Section by placing their initials below: TPH's Initials: CDL, City's Initials: The City, on the Close of Escrow, on behalf of the City and the City's successors and assigns, fully releases TPH, its officers, partners, consultants, agents and employees, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of TPH's efforts to acquire the Lot 87 Drainage Easement or any preliminary steps thereto and from any and all claims, demands, causes of action, obligations, liabilities or claims for further compensation relating to TPH's acquisition of the Lot 87 Drainage Easement. The City acknowledges that it may have sustained damage, loss, costs or expenses that are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, the City hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that the City may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect as these may relate to releases described in Sections 10 and 13. Civil Code Section 1542 provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." 11 086.0191/2235622v2 -1 1- The City and TPH acknowledge this Section by placing their initials below: TPH's Initials: CD L City's Initials: This Section 13 will survive the Close of Escrow. Nothing contained herein will prevent TPH from bringing an action to enforce the City's obligations under this Agreement or pursuant to the Grant of Easement for the Lot 87 Drainage Easement. 14. City's Contingencies. For the benefit of the City, the Close of Escrow and the City's obligation to consummate the acquisition of the Easement Parcel will be contingent upon and subject to the occurrence of all of the following (or City's written waiver thereof, it being agreed that the City can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow the representations and warranties of TPH contained in this Agreement are all true and correct. b. The delivery by TPH to Escrow Holder of all documents pursuant to Section 6 of this Agreement. C. Escrow Holder's commitment to issue in favor of the City a CLTA Standard Coverage Owner's Policy of Title Insurance for the Easement Parcel with liability equal to $27,400, showing the City's easement interest in the Easement Parcel, subject only to the Easement Parcel Permitted Title Exceptions. 15. TPH's Contingencies. For the benefit of TPH, the Close of Escrow and TPH's obligation to consummate the acquisition of Lot 87 will be contingent upon and subject to the occurrence of all of the following (or TPH's written waiver thereof, it being agreed that TPH can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow, the representations and warranties of the City contained in this Agreement are all true and correct. b. The delivery by the City to Escrow Holder of all documents pursuant to Section 5 of this Agreement. C. Escrow Holder's commitment to issue in favor of TPH a CLTA Standard Coverage Owner's Policy of Title Insurance for the Lot 87 Drainage Easement with liability equal to $26,600, showing TPH's easement interest in the Lot 87 Drainage Easement, subject only to the Lot 87 Drainage Easement Permitted Title Exceptions. 16. Right of Termination. a. City's Right of Termination. Notwithstanding anything to the contrary contained herein, and without limiting any other right of termination for the benefit of the City contained herein, the City shall have the right, in the exercise of its sole and absolute discretion and upon written notice to TPH and Escrow Holder, to terminate this Agreement at any time prior to the Close of Escrow upon the failure of any of the City's contingencies described in Section 14. Upon such termination, all documents and monies deposited with Escrow Holder by the City, less the City's share of any escrow -cancellation charges, shall be immediately returned to the City. 11 086.0191/2235622v2 -12- b. TPH's Right of Termination. Notwithstanding anything to the contrary contained herein, and without limiting any other right of termination for the benefit of TPH contained herein, TPH shall have the right, in the exercise of its sole and absolute discretion and upon written notice to the City and Escrow Holder, to terminate this Agreement at any time prior to the Close of Escrow upon the failure of any of TPH's contingencies described in Section 15. Upon such termination, all documents and monies deposited with Escrow Holder by TPH, less TPH's share of any escrow -cancellation charges, shall be immediately returned to TPH. 17. Remedies in the Event of Default. In the event of a breach or a default under this Agreement by either the City or TPH, the non -defaulting party shall have the right to terminate this Agreement by providing ten calendar days written notice thereof to the defaulting party or, either party as permitted by law may specifically enforce the provisions of this Agreement. If such breach or default is not cured within such ten calendar day period , this Agreement and the Escrow for the exchange of the Lot 87 Drainage Easement and the Easement Parcel shall terminate, and the non -defaulting party shall thereupon promptly receive a refund of any funds deposited with Escrow Holder, except such party's share of escrow -cancellation charges. Except as herein otherwise expressly provided in this Section 17, such termination of the Escrow by a non - defaulting party shall be without prejudice to the non -defaulting party's rights and remedies against the defaulting party at law or equity. 18. Certain Definitions. a. The term "Hazardous Materials" or "Hazardous Substances' will mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. b. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the 11 086.0191/2235622v2 -13- Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 19. Evidence in Cou_rt_Proceeding. The parties agree that the total estimate of fair market value of $27,400 or any inference of per square foot value of the Easement Parcel based on the easement interest in the Easement Parcel will not be admissible as evidence of the fair market value of the Easement Parcel, or any portion thereof, in any eminent domain or other proceeding or litigation concerning the Easement Parcel. 20. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service. The parties will address such notices as provided below or as may be amended by written notice: CITY City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager COPY TO Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 TPH TRI Pointe Homes, Inc. 5 Peters Canyon Road, Suite 100 Irvine, California 92606 Attention: Brian L. Sinderhoff COPY TO Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor Irvine, California 92614 Attention: Drew Emmel, Esq. ESCROW Chicago Title Insurance Company HOLDER: 560 E. Hospitality Lane San Bernardino, California 92408 Telephone No. (909) 384-7806 Fax No. (909) 384-7902 Attention: 21. Further ❑ocuments. Each party will, wherever and as often as it shall be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to complete the sale, conveyance, and 11086.0191 /2235622v2 -14- transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement. 22. Brokers' Commissions. No brokers represented the parties in connection with this transaction. TPH shall be solely responsible for the payment of any and all broker's commissions or similar compensation due to any broker representing TPH, if any, and TPH shall defend, indemnify and hold the City harmless from and against any and all claims for any broker's commission or similar compensation that may be payable to any broker claiming it represented TPH in connection with this transaction. The City shall be solely responsible for the payment of any and all broker's commissions or similar compensation due to any broker representing the City, if any, and the City shall defend, indemnify and hold the City harmless from and against any and all claims for any broker's commission or similar compensation that may be payable to any broker claiming it represented the City in connection with this transaction.. The provisions of this Section 22 shall survive the Close of Escrow. 23. MiscellaneoLIs. a. Amendments. Any amendments to this Agreement will be effective only when duly executed by both the City and TPH and deposited with Escrow Holder. b. Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. C. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between TPH and the City on the subject matter of this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof TPH and the City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no such agreement, statement, representation or promise that is not contained herein will be valid or binding on TPH or the City. d. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. e. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow Holder's general Escrow instructions. f. Counterparts and Facsimile and Electronic Signatures. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile and electronic signatures will be deemed to be original signatures. g. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. 11086.0191/2235622v2 -1 5 h. Interpretation and Construction. Each party has reviewed this Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The Recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. i. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees from the other party. j. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. k. Exhibits. The exhibits and schedules attached hereto are incorporated in this Agreement by reference herein. [SIGNATURES APPEAR ON NEXT PAGE] 11086.0191/2235622v2 -1 6- IN WITNESS WHEREOF, this Agreement is effective as of the date it is fully executed by the parties. TRI POINTE HOMES, INC., a Delaware corporation Dated 1211 to l d CITY OF TEMECULA, a municipal corporation Dated ATTEST: Randi Johl, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney By:-4ek'C5 —, __.. Title: e,,f k., By: _. Title: Rick M Wood Vice President - Project Manager LM- 110,96 0191/2235622v2 -17- io' EXHIBIT "A-1" Legal Description of Lot 87 Drainage Easement Lot 87 of Tract No. 21067, in the City of Temecula, County of Riverside, State of California, as per map recorded in Book 231, pages 41 through 48, of Maps, in the office of the county recorder of said county. APN 961-450-003-8 Exhibit "A-1" EXHIBIT "A-2" Depiction of Lot 87 Exhibit"A-2" EXHIBIT "B-1" Legal Description of Easement Parcel PROPERTY DESCRIPTION FOR A STORM DRAIN EASEMENT Being an easement for storm drainage purposes over and across Parcel 2 of Parcel Map No. 8856, filed in Book 41 of Parcel Maps, at pages 72 and 73, Records of Riverside County, located in Rancho Temecula and Little Rancho Temecula, California, being further described as follows. COMMENCING at the southwesterly comer of said Parcel 2, being a point in the northerly line of Pechanga Parkway (formerly Pala Road); THENCE, North 23'38'21" East along the westerly line of said Parcel 2, a distance of 25.32 feet to the northeasterly line of that certain Right of Way Dedication described In document recorded August 13, 2003 as Document No. 2003-619613, said line being parallel with, distant northeasterly 24.00 feet, measured at right angles from said northeasterly line of Pechanga Parkway; THENCE, South 47'45'58" East along said parallel line, a distance of 128.08 feet to the point of beginning of a non -tangent curve, concave northerly and having a radius of 107.62 feet, a radial line bears South 34425101" West, said point being the TRUE POINT OF BEGINNING; THENCE, easterly along said curve, through a central angle of 41028'480, an arc length of 77.91 feet to the beginning of a reverse curve, concave southerly and having a radius of 172.58 feet, a radial line to said beginning bears North 7'03'47" East; THENCE, easterly along said curve, through a central angle of 33'32'240, an arc length of 100.91 feet to the northwesterly line of Loma Linda Road; THENCE, South 42'35'31" West, a distance of 76.33 feet along said northwesterly line, to the most easterly corner in said Right of Way Dedication; THENCE, North 81.44'59" West along the northerly line of said Right of Way Dedication, a distance of 24.32 feet to a line parallel with, distant northeasterly 24.00 feet, measured at right angles from said northeasterly line of Pechanga Parkway; THENCE, North 47'45'58" West along said parallel line, a distance of 130.18 feet to the TRUE POINT OF BEGINNING; This parcel contains 6,488 square feet, more or less. See EXHIBIT "B", attached. im No. L5 6578 00 fl-I-2ol'� EXHIBIT "B-1" EXHIBIT "B D 1 " = 50 F EXHIBIT "B-2" Depiction of Easement Parcel PARCEL 2 PARCEL MAP NO. 8556 PIMA 41 / 72 — 73 (D d-4128'48' R=107.52' k=77.92' IZ d-33'32'74' R- f 72.36' L-1 OD.9 }' Jim SH TlOF1 i1-Mo lb �r►rrn+nm rr. e�.an►�...'►a• .ww�wa nWw� 5879 carport DdYvA R w slde CA 92504 lei:t9 " uEt-�024i • � sex-4599 EXHIBIT "B-2" EXHIBIT "C" Lot 87 Preliminary Title Report Dated June 13, 2018 OCOM AGIOTITLE PRELIMINARY REPORT Order No.: 7101705264-DO Property: APNIParcelID: 961-450-003-8 In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to Issue, or cause to be Issuer, as of the date hereof, a policy or policies of title insurance describing the laird and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms, The printed Exceptions and Exclusions from the coverage and Limitations an Covered Risks of said policy or policies are set forth in Attachment One, The policy to be issued may contain an arbitration clause. When the Amount of Insurance is lass than that set forth in the arbitration clause, all arbilrabie matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be road. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the Issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(les) of title insurance to be issued hereunder will be policy(ies) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances :affecting title to the land Chicago Title Insurance Company , AAA 5Y= Countersigned By. SEAL Authorized Officer or Agent .. President Attest: Secretary Exhibit "C" -1- Visit Us on our Websrle: x wwctfc. corn CHICAGO TITLE COMPANY ISSUING OFFICE, 560 E. Hospitality Lane, San Bernardino, CA 92408 FOR SETTLEMr=NTINQUIRIES, CONTACT 7BD • FAx PRELIMINARY REPORT Amendment: 1 Title Officer: Dan Dulin Email, dulind@ctt,com Phone No.: (909)384-7806 Fax No.; (509)384-7902 Title No.: 7101705264-DD PROPERTY ADDRESS(ES). APNIParcel 110(s) IJ61-450-003-8 EFFECTIVE DATE: ,tune 13, 2018 st 12:00 AM The form of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Policy 1990 (04-08-14) 1. The estate or interest in the Land hereinafter described or referred to coverer) by this Report is: Fee 2. Title to said estate or interest at the state hereof is vested in: City of Temecula, a body corporate and politic 3, The Land referred to in this Report is described as follows: For APN/Parcel 11DW. 901-450-008-0 Customer: Email: Phone No.: FLix No.: Ruf. No.: Lot 87 of Tract No. 21067, in the City of Temecula, County of Riverside, State of California, as per map recorded in Book 231, pages 41 through 48, of Maps, in the office of the county recorder of said county. CLTA PmflriinwV Rwrt Fam- PADOi qd (Rdoptod: 11,17.7006} Printed: G8,20,16 � 11:56 mi 2 CA-C-T-FN'lW02iBC.C55713SP�1-18 71017MM Exhibit "C" -2- Title No.: 7101705264-DO Antandrlmant_ 1 AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2016-2019 2. There were no taxes levied for the fiscal year 2017-2018 as the property was vested in a public entity, 3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy, +4. Water rights, claims or title to water, whether or not disclosed by the public records, 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document Granted to: Southern Sierras Power Company Purpose: public utilities Recording Date: February 27, 1928 Recording No.: in Book 745, page 488, Official Records Affects: a portion of said land as described therein 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as condemned by an instrument, Enlilled: Final Judgment and Decree in Condemnation Court: Superior Court of California In favor ❑f: United States of America Purpose: pipelines Recording Date: October 27, 1949 Recording No,: in Book 1118, page 376, Official Records Affects: a portion of said land as described therein 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: United States of America Purpose: pipelines and incidental purposes thereto, of the San Diego Aqueduct for the transportation of water Recording Elate: December 1, 1953 Recording No.: in Book 1531, page 11, Official Records Affects: a portion of said land as described therein B. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Rancho California Purpose: roadways, public utilities and slopes Recording Date: December 4, 1964 Rccording No.: 144652, Official Records Affects: a portion of said land as described therein CIrA 1'rell,nlnary R&piI Fenn, - YvIlbad (AdopbW[ 11.11.2006) ... rrlilteo: 1 6"A3 g 11:55 +Mi S CA.CT.FWIN-02190A55713.5PS-1.1D-7151705264 Exhibit "C" -3- Title No.: 7101705204-DO Amendment: 1 EXCEPTIONS (continued) 9. Easemont(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Rancho California Purpose: flood control and sanitary Recording Date: December 29, 1967 Recording No,: 115528, Official Records Affects: a portion of said land as described therein 10. Agency Agreement wherein the Rancho California Water District is designated as exclusive agent for the extraction, diversion, storage and distribution of aft local water upon the hereirt describer! Land Recording Date; January 18, 1968 Recording No.: 5309, Official Records Reference is hereby made to said document for full particulars. 19. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The Metropolitan Water District of Southern Califomia Purpose: ingress and egress Recording Date: March 20, 1984 Recording No.: 65634, Official Records Affects: a portion of said land as described therein 12. Easement(s) for the purpose(s) shown below and rights Incidental thereto as delineated or as offered for dedication, on the map of said traet/plat, Purpose: drainage, access roads, etc. Affects: the Northwesterly 15 feet of said land Recording No,: in Book 231, page 41; of Maps 13. Matters contained in that certain document Entitled; Park Agreement Dated: April 23,1991 Executed by: The City of Temecula Recording Date: March 3, 1992 Recording No.: 72162, Official Records Reference is hereby made to said document for full particulars, 14. Matters contained in that certain document Entitled: Agreement Executed by: The State of California Department of Fish and Game and Kingsway Construction Corporation Recording Date; March 3, 1992 Recording No,: 72163, Official Records Which provides for, among other things; Regarding proposed stream or lakealtemation Reference is hereby made to said document for full particulars, CLTA Nellinlrnny H"it Fenx . Limlr,ed (Aftted: 11.47,20DS) Miled: Cd.20.11 q� 11:56 AJII d 0f,GT.FWIN42110.05571 MP&1.1&71017Z15I94 Exhibit "C" -4- Title No,: 71 p 1 7g6204-DD Amendment: 9 EXCEPTIONS (continued) 15. Ea3arnent(s) for the purposes) shown below and rights incidental thereto, as granted in a document: Granted to: Rancho California Water district Purpose: pipelines Recording Date: January 18, 1994 Recording No,: 94-18853, Official Records Affects: a portion of said land as describers therein 16. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Southern California Edison Company Purpose; public utilities Recording bate: December 15, 1994 Recording No,: 469945, Official Records Affects: all streets. Highways and public places, and within 6 feet of all front lot lines, also within three feet of all side lot lines, as shown on said tract. Limitations on the use, by the owners of said Land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. 17. Easament(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Rancho Cal ifomia Water district Purpose: pipelines Recording ©ate: July 26, 2006 Recording No.: 2006-545264, Official Records Affects: a portion of said land as described therein 18. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is uncncumbcrcd, and further rescrvrs tho right to mako additional requlrenlcnis or add additional items or exceptions Been receipt of tho rcciucsted ovidenc o. END OF EXCEPTIONS CLTAIPic IImin wyKopoaFcnn.Mod IF-ed {A&PUtd: 11, 7.20M[ l?rinle': 05.20.1&g11:55 AM 5 CA C1•FM%;-02sSo.055r1I-SF&1-S8-719470$76.1 Exhibit "C" -5- Title No.: 7101705264-DD Amendnienl� 1 NOTES Note 1. If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document. or deed to any person, California law requircrs that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page at any document provident or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement Is to be included in the manner described. Note 2. If this company is requested to disburse funds in connection with this transaction, Chapter 698, Statutes of 1989 mandates hold periods for checks deposited to escrow or sub -escrow accounts, The mandatory hold period for cashier's checks, certified checks and teIIees checks is one business day after the day deposited, Other checks require a hold period of from trio to five business days after the day deposited. In the event that the parties to the contemplated transaction wish to recard prior to tho tlmo that the fund$ Pro ova Iablo for disbursement (and subieat to Company approval), the (:ompany will require the prior written can sent of the parties, Upon request, a fora acceptable to the company authorizing said early recording may be provided to Escrow for execution, Wire Transfers There is no mandated hold period for funds deposited by confirmed wira transfer, The Company may disburse such funds the same day. Note 3. Any documents being executed in conjunction ►vlth this transaction must he signed In the presence of an authorized Company employee, an authorized empioyeo of an agent, an authorized employee of the insured lender, or by using Sancsery or other approved third -party service. If the above requirements cannot be rnet, please call the company at the number provided in this report. Note 4. Note: In compliance with the new RESPA regulations, Chicago Title Company will be averaging recording fees for Single; Family 1-4 Residential properties. Please contact your Title Officer to obtaln the current recording fees. in addition, Chicago Tale Company will pay our underwriter 12% of the title premium, as disclosed on lines 1107 and 1108 of the HUD-1, Jk END OF NOTES Cfrn?m]iK'rarfRnparrFarm�r.ladllis� {Adzetcd• 11,17.7t?'Afi] Prtnlcd: Ati.7a}.73¢AiS1;55AM B CA-CTfwlK�-021 ,q5571351'sr1-13r7101705234 Exhibit "C" -6- EXHIBIT "A" Legal Description For J4PN/Parcel lafsl: 961-450-003-8 Lot $7 of Tract No. 21067, in the tarty of Temecula, Coufty of R'imrside, Mats of California, as per map recorded in Beck 231, pages 41 Mrough 48, of Maps, In the office of tt>e cOunty m1carder of said county. CLTAPrarwmyRapti Form -Mpdiried (AddOW: 11.17ANO) PAMIed! oe,30,13@11;55AN 7 C14CT-r-1'IIN.{F8i8D Sb57133R�.1 18 71 at;<�6d Exhibit "C" -7- Exhibit "C" -8- Exhibit "C" -8- EXHIBIT "D" Form of Lot 87 Drainage Easement RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: TRI Pointe Homes, Inc. 5 Peters Canyon Road, Suite 100 Irvine, California 92606 Attention: Brian L. Sinderhoff SPACE ABOVE FOR RECORDER'S USE ONLY [X] All of Assessor's Parcel Number 961-450-003 Documentary Transfer Tax $ GRANT OF DRAINAGE EASEMENT Grantor City of Temecula, a municipal corporation (CITY or GRANTOR) is the record fee owner of that certain approximate, 4,791 square foot parcel located in the City of Temecula, County of Riverside, State of California known as Lot 87 of Tract No. 21067, and identified as Riverside County Tax Assessor's Parcel Number 961-450-003 (Lot 87). FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY hereby grants to TRI POINTE HOMES, INC., a Delaware corporation (GRANTEE), its successors, and assigns, a non-exclusive permanent easement on, over and under the CITY's Lot 87 for drainage purposes, including a water quality bio-retention basin and related uses and purposes in connection with GRANTEE's proposed Cypress Ridge Development on the adjacent real property commonly known as 41000 Pechanga Parkway, and identified as Riverside County Tax Assessor's Parcel Numbers 961-450-012-6 and 961-450-013-7 (Drainage Easement). GRANTEE's rights under this non-exclusive permanent Drainage Easement include the right to construct said water quality bio-retention basin on Lot 87, and the right to access, maintain, and repair any improvements constructed by GRANTEE on Lot 87 in connection with said water quality bio-retention basin. Lot 87 is described on Exhibit "A" hereto.and depicted on Exhibit "B" hereto, which are incorporated herein by this reference. Said Grant of Drainage Easement, is subject to the following conditions: 1. The Drainage Easement will terminate if (a) the Final Map for Tract No. 37021 is not approved by the CITY, and thus is not recorded by GRANTEE and/or (b) the Drainage Easement and/or improvements are abandoned by GRANTEE, in which event, upon GRANTOR's request, GRANTEE will, at GRANTEE's sole cost and expense, quitclaim its interest in the Drainage Easement to GRANTOR and demolish and remove from the Drainage Easement any drainage improvements located in the area of the Drainage Easement, and restore Lot 87 to substantially the condition that existed on said Drainage Easement prior to the construction of said drainage improvements. GRANTOR may elect that any portion of same be abandoned in Exhibit "D" -1- place, in which case, GRANTEE will only complete such demolition, removal, and restoration of the Drainage Easement area as requested by GRANTOR. 2. GRANTEE will, at its sole cost and expense, maintain any drainage improvements constructed in the area of the Drainage Easement in good condition and repair. 3. GRANTEE will keep Lot 87 free of any liens, including without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors or others that may have lien rights for work arising out of GRANTEE's use of the Drainage Easement and/or construction, maintenance, repair, or re -construction of the improvements in the Drainage Easement area. If any such lien is filed on Lot 87 in connection with the GRANTEE's use of the Drainage Easement area, GRANTEE will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to GRANTOR within 30 calendar days of receiving notice of the lien. If GRANTEE fails to remove the lien within such 30-day period, GRANTOR will have the right to remove the lien, and GRANTEE, upon demand, will reimburse GRANTOR for all reasonable costs and expenses, including without limitation reasonable attorney's fees incurred by GRANTOR in connection with such removal. 4. Except to the extent arising out of GRANTOR's gross negligence or willful misconduct, GRANTEE shall indemnify, hold harmless and defend, with counsel reasonably acceptable to GRANTOR, GRANTOR from any liabilities, costs, losses, claims, or damages (including reasonable attorneys' fees and costs) arising out of GRANTEE'S (or GRANTEE's contractors', agents' or employees') use of the Drainage Easement pursuant to this Grant of Drainage Easement and/or GRANTEE'S breach of GRANTEE'S obligations under this Grant of Drainage Easement. 5. GRANTOR agrees not to use or allow the use of the area comprising the Drainage Easement in a manner that materially interferes with the Drainage Easement granted hereby and GRANTEE's rights hereunder. 6. The rights and obligations of GRANTEE under this Grant of Drainage Easement shall run with the land and bind the successors and assigns of the parties hereto. 7. This Grant of Drainage Easement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Exhibit "D" -2- IN WITNESS WHEREOF, the parties have executed this Grant of Drainage Easement as of the date set forth below. GRANTOR CITY OF TEMECULA, a municipal corporation Date: In Aaron Adams, City Manager ATTEST in Randi Johl, City Clerk APPROVED AS TO FORM' go Peter M. Thorson, City Attorney GRANTEE TRI POINTE HOMES, INC., a Delaware corporation Date: M Title: Date: in Title. Exhibit "D" -3- Exhibit "A" Legal Description of Lot 87 Lot 87 of Tract No. 21067, in the City of Temecula, County of Riverside, State of California, as per map recorded in Book 231, pages 41 through 48, of Maps, in the office of the county recorder of said county. APN 961-450-003-8 Exhibit "D" -4- Os Exhibit "B" Depiction of Lot 87 9 i Ckrrk'' ] A5 '-I 11 o ! r k ! Si P� + 1 I71 l\ i ■ i LOVA-7110, s r 1 Exhibit T" -5- 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 Riverside On personally appeared )Ss, before me, __, Notary Public 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, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. 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: OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Number of Pages: 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: Document Date.- .... .. „ Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Exhibit "D" -6- 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 County On personally appeared s& before me, , Notary Public 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, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature. Signature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: . Number of Pages: Signer(s) Other Than Named Above: Document Date: Capacity(ies) claimed by Signer(s) Signer's Name. Signer's Name: ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited []General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing. 1193760.01/OC 11086-0191/11-13-18/add/add ❑ Corporate Officer — Title(s). ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: , -7- EXHIBIT "E" Form of Grant of Permanent Easement RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula Attention: Office of the City Clerk 41000 Main Street Temecula, California 92590 SPACE ABOVE FOR RECORDER'S USE ONLY [X] Portions of Assessor's Parcel Numbers 961-450-012-6 and 961-450-013-7 Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). GRANT OF PERMANENT EASEMENT GRANTOR TRI POINTE HOMES, INC., a Delaware corporation (GRANTOR) is the record fee owner of that certain real property located in the City of Temecula, County of Riverside, State of California commonly known as 41000 Pechanga Parkway, Temecula, and identified as Riverside County Tax Assessor's Parcel Numbers 961-450-012-6 and 961-450-013-7 (GRANTOR's Property). FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, GRANTOR hereby grants to the CITY OF TEMECULA, a municipal corporation (GRANTEE) an approximate 6,488 square foot permanent easement on, over and under GRANTOR'S Property for a public use, namely storm drain improvements, and all uses necessary or convenient thereto, including but not limited to construction of storm drain improvements, access, repair, maintenance, re -construction and replacement in connection with said storm drain improvements (Subject Easement). The approximate 6,488 square foot Subject Easement is more particularly described on Exhibit "A" hereto and depicted on Exhibit "B" hereto, which are incorporated herein by this reference. Said Grant of Permanent Easement, is subject to the following conditions: 1. The Subject Easement will terminate if the Subject Easement and/or improvements are abandoned by GRANTEE, in which event, upon GRANTOR's request, GRANTEE will, at GRANTEE's sole cost and expense, quitclaim its interest in the Subject Easement to GRANTOR and demolish and remove from the Subject Easement any storm drain Exhibit "E" -1- or related improvements located in the area of the Subject Easement, and restore GRANTOR's Property to substantially the condition that existed on said Subject Easement prior to the construction of said storm drain and related improvements. GRANTOR may elect that any portion of same be abandoned in place, in which case, GRANTEE will only complete such demolition, removal, and restoration of the Subject Easement area as requested by GRANTOR. 2. GRANTEE will, at its sole cost and expense, maintain any storm drain and related improvements constructed in the area of the Subject Easement in good condition and repair. 3. GRANTEE will keep GRANTOR's Property free of any liens, including without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors or others that may have lien rights for work arising out of GRANTEE's use of the Subject Easement and/or construction, maintenance, repair, or reconstruction of the improvements in the Subject Easement area. If any such lien is filed on GRANTOR's Property in connection with GRANTEE's use of the Subject Easement area, GRANTEE will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to GRANTOR within 30 calendar days of receiving notice of the lien. If GRANTEE fails to remove the lien within such 30 day period, GRANTOR will have the right to remove the lien, and GRANTEE, upon demand, will reimburse GRANTOR for all reasonable costs and expenses, including without limitation reasonable attorney's fees incurred by GRANTOR in connection with such removal. 4. Except to the extent arising out of GRANTOR's gross negligence or willful misconduct, GRANTEE shall indemnify, hold harmless and defend, with counsel reasonably acceptable to GRANTOR, GRANTOR from any liabilities, costs, losses, claims, or damages (including reasonable attorneys' fees and costs) arising out of GRANTEE'S (or GRANTEE's contractors', agents' or employees') use of the Subject Easement pursuant to this Grant of Permanent Easement and/or GRANTEE'S breach of GRANTEE'S obligations under this Grant of Permanent Easement. 5. GRANTOR agrees not to use or allow the use of the area comprising the Subject Easement in a manner that materially interferes with the Subject Easement granted hereby and GRANTEE's rights hereunder. 6. By execution of the Certificate of Acceptance, GRANTEE acknowledges that GRANTOR informed GRANTEE that GRANTOR may enter into a license agreement with the Pechanga Band of Luiseno Indians for use of the Subject Easement for the limited purpose of placement of certain rocks in the area of the Subject Easement depicted on Exhibit "C hereto, which is incorporated herein by this reference. 7. The rights and obligations of GRANTEE under this Grant of Permanent Easement shall run with the land and bind the successors and assigns of GRANTEE. 8. This Grant of Permanent Easement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Exhibit "E" -2- IN WITNESS WHEREOF, Grantor and Grantee have executed this Grant of Permanent Easement on the date set forth below. GRANTOR TRI POINTE HOMES, INC., a Delaware corporation Date: IN Title: Date: Title. GRANTEE CITY OF TEMECULA, a municipal corporation Date: al Aaron Adams, City Manager ATTEST: M Randi Johl, City Clerk APPROVED AS TO FORM, By. Peter M. Thorson, City Attorney Exhibit "E" -3- Exhibit "A" EXHIBIT "A" PROPERTY DESCRIPTION FOR A STORM DRAIN EASEMENT Being an easement for storm drainage purposes over and across Parcel 2 of Parcel Map No. SM. filed in Book 41 of Parcel Maps, at pages 72 and 73, Records of Riverside County, located in Rancho Temecula and little Rancho Temecula, California, being further described as follows: COMMENCING at the southwesterly corner of said Parcel 2, being a point in the northerly One of Pechanga Parkway (formerly Pala Road); THENCE, North 23'38'21" East along the westerly line of said Parcel 2, a distance of 25.32 feet to the northeasterly One of that certain Right of Way Dedication described in document recorded August 13, 2W3 as Document No. 2003-619613, said line being parallel with, distant northeasterly 24.00 feet, measured at right angles from said northeasterly line of Pechanga Parkway; THENCE, South 47.45'58" East along said parallel One, a distance of 228.08 feet to the point of beginning of a non -tangent curve, concave northerly and having a radius of 107.62 feet, a radial line bears South 3415'OS° West, said point being the TRUE POINT OF BEGINNING; THENCE, easterly along said curve, through a central angle of 41'28'48", an arc length of 77.92 feet to the beginning of a reverse curve, concave southerly and having a radius of 172,38 feet, a radial line to said beginning bears North 7'03'47" East; THENCE. easterly along said curve, through a central angle of 33'32'24", an arc length of 100.91 feet to the northwesterly One of Loma Linda Road; THENCE, South 42'3531" West, a distance of 76.33 feet along said northwesterly line, to the most easterly corner in sald Right of Way Dedication; THENCE, North 81'44'S9" West along the northerly line of said Right of Way Dedication, a distance of 24-32 feet to a line parallel with, distant northeasterly 24.00 feet, measured at right angles from said northeasterly line of Pechanga Parkway; THENCE, North 47.45'S8" West along said parallel line, a distance of 130.18 feet to the TRUE POINT OF BEGINNING; This parcel contains 6,488 square feet, more or less. See EXHIBIT'B", attached. Il-1-@ZGI'L Exhibit "E" -4- Exhibit "B" EXHIBIT IBis � 1 PARCH. 2 PARCEL MAP NO, 6855 fi.M,S. 41 f 72 - 7.3 ry ry I ? w M ell CUME go Q) 6=41'26'48• R=IaT,6z' 77,sr' ® AREA OF TAKE 1 " = 50' SHEET I of f ID LS SM * ap. 6-3o_2DZO 11-1401 b PWimmmn HRO c"P--aknn I 5879 1� vrl Oiivr, Rivanida CA 92504 Tef:(�53 j Sp8�D24i. Fnv.(99i} 688--M92 Exhibit "E" -5- CITY OF TEMECULA Office of the City Clerk 41000 Main Street Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT OF PERMANENT EASEMENT (Govt. Code § 27281) (Portions of Assessor's Parcel Numbers 961-450-012-6 and 961-450-013-7) This is to certify that the attached Grant of Permanent Easement, which grants to the City of Temecula an approximate 6,488 square foot permanent easement for a public use, namely storm drain purposes and all uses necessary or convenient thereto on portions of that certain vacant real property commonly known as 41000 Pechanga Parkway, Temecula and identified as Riverside County Tax Assessor's Parcel Numbers 961-450-012-6 and 961-450-013-7, is hereby accepted under the authority of the City Council of the City of Temecula and the City of Temecula consents to the recordation thereof by its duly authorized officer. Dated: ATTEST: In Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CITY OF TEMECULA, a municipal corporation Aaron Adams, City Manager Exhibit "E" -9- RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: TRI Pointe Homes, Inc. 5 Peters Canyon Road, Suite 100 Irvine, California 92606 Attention: Brian L. Sinderhoff SPACE ABOVE FOR RECORDER'S USE ONLY [X] All of Assessor's Parcel Number 961-450-003 Documentary Transfer Tax $ GRANT OF DRAINAGE EASEMENT Grantor City of Temecula, a municipal corporation (CITY or GRANTOR) is the record fee owner of that certain approximate, 4,791 square foot parcel located in the City of Temecula, County of Riverside, State of California known as Lot 87 of Tract No. 21067, and identified as Riverside County Tax Assessor's Parcel Number 961-450-003 (Lot 87). FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the CITY hereby grants to TRI POINTE HOMES, INC., a Delaware corporation (GRANTEE), its successors, and assigns, a non-exclusive permanent easement on, over and under the CITY's Lot 87 for drainage purposes, including a water quality bio-retention basin and related uses and purposes in connection with GRANTEE's proposed Cypress Ridge Development on the adjacent real property commonly known as 41000 Pechanga Parkway, and identified as Riverside County Tax Assessor's Parcel Numbers 961-450-012-6 and 961-450-013-7 (Drainage Easement). GRANTEE's rights under this non-exclusive permanent Drainage Easement include the right to construct said water quality bio-retention basin on Lot 87, and the right to access, maintain, and repair any improvements constructed by GRANTEE on Lot 87 in connection with said water quality bio-retention basin. Lot 87 is described on Exhibit "A" hereto.and depicted on Exhibit "B" hereto, which are incorporated herein by this reference. Said Grant of Drainage Easement, is subject to the following conditions: 1. The Drainage Easement will terminate if (a) the Final Map for Tract No. 37021 is not approved by the CITY, and thus is not recorded by GRANTEE and/or (b) the Drainage Easement and/or improvements are abandoned by GRANTEE, in which event, upon GRANTOR's request, GRANTEE will, at GRANTEE's sole cost and expense, quitclaim its interest in the Drainage Easement to GRANTOR and demolish and remove from the Drainage Easement any drainage improvements located in the area of the Drainage Easement, and restore Lot 87 to substantially the condition that existed on said Drainage Easement prior to the construction of said drainage improvements. GRANTOR may elect that any portion of same be abandoned in place, in which case, GRANTEE will only complete such demolition, removal, and restoration of the Drainage Easement area as requested by GRANTOR. -1- 11086-0191/2222550v1 2. GRANTEE will, at its sole cost and expense, maintain any drainage improvements constructed in the area of the Drainage Easement in good condition and repair. 3. GRANTEE will keep Lot 87 free of any liens, including without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors or others that may have lien rights for work arising out of GRANTEE's use of the Drainage Easement and/or construction, maintenance, repair, or re -construction of the improvements in the Drainage Easement area. If any such lien is filed on Lot 87 in connection with the GRANTEE's use of the Drainage Easement area, GRANTEE will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to GRANTOR within 30 calendar days of receiving notice of the lien. If GRANTEE fails to remove the lien within such 30-day period, GRANTOR will have the right to remove the lien, and GRANTEE, upon demand, will reimburse GRANTOR for all reasonable costs and expenses, including without limitation reasonable attorney's fees incurred by GRANTOR in connection with such removal. 4. Except to the extent arising out of GRANTOR's gross negligence or willful misconduct, GRANTEE shall indemnify, hold harmless and defend, with counsel reasonably acceptable to GRANTOR, GRANTOR from any liabilities, costs, losses, claims, or damages (including reasonable attorneys' fees and costs) arising out of GRANTEE'S (or GRANTEE's contractors', agents' or employees') use of the Drainage Easement pursuant to this Grant of Drainage Easement and/or GRANTEE'S breach of GRANTEE'S obligations under this Grant of Drainage Easement. 5. GRANTOR agrees not to use or allow the use of the area comprising the Drainage Easement in a manner that materially interferes with the Drainage Easement granted hereby and GRANTEE's rights hereunder. 6. The rights and obligations of GRANTEE under this Grant of Drainage Easement shall run with the land and bind the successors and assigns of the parties hereto. 7. This Grant of Drainage Easement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Grant of Drainage Easement as of the date set forth below. GRANTOR CITY OF TEMECULA, a municipal corporation Date: IN Aaron Adams, City Manager GRANTEE TRI POINTE HOMES, INC., a Delaware corporation Date: 12,11ol I By: -2- 11086-0191/2222550v1 ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: 0 Peter M. Thorson, City Attorney -3- Title: Date: 1 1 1 % By: Title: J 11086-0191/2222550v 1 "3TWW Exhibit "A" Legal Description of Lot 87 Lot 87 of Tract No. 21067, in the City of Temecula, County of Riverside, State of California, as per map recorded in Book 231, pages 41 through 48, of Maps, in the office of the county recorder of said county. APN 961-450-003-8 In 11086-0191/2222550v1 Exhibit "B" Depiction of Lot 87 3 F- Yi�F��i sF a ��A�•1 111'1 r� - - - 1 � 1 4 1 Cl! 1 Cr 1L r ,.no erg � � © ,.x4 �li�•r1 a Y. i � YJ C�• - o � t � � �' i �: � b CS w y •" y N i lk �a�i11l -5- 11086-0191/2222550v1 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 Riverside On personally appeared } } ss i before me, . Notary Public 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, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. 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: OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Number of Pages: 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: Document Date: Signer's Name: ❑ Corporate Officer — Title(s) ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -6- 11086-0191/2222550v1 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 ) ss. County of Orange County } On WV&If10, M IS before me, personally appeared Ch (rl,) PJAI t Public 61tll"yk., ��rsen _gq(� A r►� �1 who proved to me on the basis of satisfactory evidence to be the person6sj whose nam0(s),is9r-e subscribed to the within instrument and acknowledged to me that he/she/t9y executed the same in his/heriJ�teif authorized capacity, and that by hislher ei signaturs,}:.on the instrument the person , or the entitnr s s} upon behalf of which the perso acted, executed the instrument. "a'a'"F BAR11BARA ALEXANDER `"i NOTARY PUBLIC • CALIFORNIA # 2105501 m c e•_- a:��' COMMISSION ORANGE COUNTY lky Comm. Exp. Mey 22. 2010 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 officials I. Signature:���1 r Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Number of Pages: 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: Document Date: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -7- 110R6-0191/2222550v1 RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula Attention: Office of the City Clerk 41000 Main Street Temecula, California 92590 SPACE ABOVE FOR RECORDER'S USE ONLY [X] Portions of Assessor's Parcel Numbers 961-450-012-6 and 961-450-013-7 Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922), GRANT OF PERMANENT EASEMENT GRANTOR TRI POINTE HOMES, INC., a Delaware corporation (GRANTOR) is the record fee owner of that certain real property located in the City of Temecula, County of Riverside, State of California commonly known as 41000 Pechanga Parkway, Temecula, and identified as Riverside County Tax Assessor's Parcel Numbers 961-450-012-6 and 961-450-013-7 (GRANTOR's Property). FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, GRANTOR hereby grants to the CITY OF TEMECULA, a municipal corporation (GRANTEE) an approximate 6,488 square foot permanent easement on, over and under GRANTOR'S Property for a public use, namely storm drain improvements, and all uses necessary or convenient thereto, including but not limited to construction of storm drain improvements, access, repair, maintenance, re -construction and replacement in connection with said storm drain improvements (Subject Easement). The approximate 6,488 square foot Subject Easement is more particularly described on Exhibit "A" hereto and depicted on Exhibit "B" hereto, which are incorporated herein by this reference. Said Grant of Permanent Easement, is subject to the following conditions: 1. The Subject Easement will terminate if the Subject Easement and/or improvements are abandoned by GRANTEE, in which event, upon GRANTOR's request, GRANTEE will, at GRANTEE's sole cost and expense, quitclaim its interest in the Subject Easement to GRANTOR and demolish and remove from the Subject Easement any storm drain or related improvements located in the area of the Subject Easement, and restore GRANTOR's Property to substantially the condition that existed on said Subject Easement prior to the construction of said storm drain and related improvements. GRANTOR may elect that any portion of same be abandoned in place, in which case, GRANTEE will only complete such demolition, removal, and restoration of the Subject Easement area as requested by GRANTOR. -1- 2. GRANTEE will, at its sole cost and expense, maintain any storm drain and related improvements constructed in the area of the Subject Easement in good condition and repair. 3. GRANTEE will keep GRANTOR's Property free of any liens, including without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors or others that may have lien rights for work arising out of GRANTEE's use of the Subject Easement and/or construction, maintenance, repair, or reconstruction of the improvements in the Subject Easement area. If any such lien is filed on GRANTOR's Property in connection with GRANTEE's use of the Subject Easement area, GRANTEE will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to GRANTOR within 30 calendar days of receiving notice of the lien. If GRANTEE fails to remove the lien within such 30 day period, GRANTOR will have the right to remove the lien, and GRANTEE, upon demand, will reimburse GRANTOR for all reasonable costs and expenses, including without limitation reasonable attorney's fees incurred by GRANTOR in connection with such removal. 4. Except to the extent arising out of GRANTOR's gross negligence or willful misconduct, GRANTEE shall indemnify, hold harmless and defend, with counsel reasonably acceptable to GRANTOR, GRANTOR from any liabilities, costs, losses, claims, or damages (including reasonable attorneys' fees and costs) arising out of GRANTEE'S (or GRANTEE's contractors', agents' or employees') use of the Subject Easement pursuant to this Grant of Permanent Easement and/or GRANTEE'S breach of GRANTEE'S obligations under this Grant of Permanent Easement. 5. GRANTOR agrees not to use or allow the use of the area comprising the Subject Easement in a manner that materially interferes with the Subject Easement granted hereby and GRANTEE's rights hereunder. 6. By execution of the Certificate of Acceptance, GRANTEE acknowledges that GRANTOR informed GRANTEE that GRANTOR may enter into a license agreement with the Pechanga Band of Luiseno Indians for use of the Subject Easement for the limited purpose of placement of certain rocks in the area of the Subject Easement depicted on Exhibit "C hereto, which is incorporated herein by this reference. 7. The rights and obligations of GRANTEE under this Grant of Permanent Easement shall run with the land and bind the successors and assigns of GRANTEE. 8. This Grant of Permanent Easement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. -2- IN WITNESS WHEREOF, Grantor and Grantee have executed this Grant of Permanent Easement on the date set forth below. GRANTOR GRANTEE TRI POINTE HOMES, INC., CITY OF TEMECULA, a municipal a Delaware corporation corporation Date: l z 10 1 Date: By: _At.By: l J LAW^ Aaron Adams, City Manager Title: P�''�-�a� ATTEST: Date: I L� By: Rick M. Wood Title: Mee PFeside#rProject Manager Randi Johl, City Clerk APPROVED AS TO FORM: Bv: Peter M. Thorson, City Attorney -3- Jm Exhibit "A" ExHlBfi "A" PROPERTY DESCRIPTION FOR A STORM DRAIN EASEMENT Being an easement for storm drainage purposes over and across Parcel 2 of Parcel Map No. 8856, filed In Book 41 of Parcel Maps, at pages 72 and 73, Records of Riverside County, located in Rancho Temecula and Uttle Rancho Temecula, California, being further described as follows: COMMENCING at the southwesterly corer of said Parcel 2, being a point in the northerly line of Pechanga Parkway (formerly Pala Road); THENCE, North 23.38'21" East along the westerly line of said Parcel 2, a distance of 25.32 feet to the northeasterly line of that certain Right of Way Dedication described in document recorded August 13, 2003 as Document No. 2003-619613, said line being parallel with, distant northeasterly 24.00 feet, measured at right angles from said northeasterly line of Pechangs Parkway; THENCE, South 47'45'58" East along said parallel line, a distance of 128.08 feet to the point of beginning of a non -tangent curve, concave northerly and having a radius of 107.62 feet, a radial line bears South 34'25'01" West, said point being the TRUE POINT OF BEGINNING; THENCE, easterly along said curve, through a central angle of WNW. an arc length of 77.91 feet to the beginning of a reverse curve, concave southerly and having a radius of 172.38 feet, a radial line to said beginning bears North 7003'47" East; THENCE, easterly along said curve, through a central angle of 3332'24", an arc length of 100.91 feet to the northwesterly line of Loma Linda Road; THENCE, South 42'3531" West, a distance of 76.33 feet along said northwesterly line, to the most easterly comer in said Right of Way Dedication; THENCE, North 81.44'59" West along the northerly line of said Right of Way Dedication, a distance of 24.32 feet to a line parallel with, distant northeasterly 24M feet, measured at right angles from said northeasterly line of Perhanga Parkway; THENCE, North 47'45'S8" West along said parallel line, a distance of 130.18 feet to the TRUE POINT OF BEGINNING; This parcel contains 6,488 square feet, more or less. See EXH181T "B", attached. 1f-1-201% Exhibit "B" Depiction of Storm Drain Easement EXHIBIT "B" SHEET f OF 1 -0 PARCEL 2 q4 Boa PARCEL MAP NO. W56 F.M.6. 41 / 72 — 73 r�• ti a 4 ��a► rrs. �q, 4 LS 6678 * E}fF. 6-3U-292a EATA \� (p a =41.28 48' R-107.62' L=77.91- C ('D A-33'32'24' R-172.38' L-100.91' Pft ® AREA OF TAKE 1" = 50' EN®1' NEERS 4878 Akpod D&w RkwaideCA 92504 T047(Yit) 598-92at.Fou(96ty Bea-nSss Exhibit "C" Depiction of Location of Rocks Pursuant to Potential License Agreement between Grantor and the Pechanga Band of Luiseno Indians CENTER OF BOX CULVERT BEAT NG `T YP. 0 R` ,7 XF/ d STORY BOARD------- 7 EXHIBIT "C" .z Depiction of Location of Rocks Pursuant to Potential License Agreement between Grantor and the Pechanga Band of Luiseno Indians 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 County On personally appeared ) ss. i before me,, , Notary PI h (2x it l ' 4 S w, &&101 AAcdftl_ L 'A , Ala- d-t ( who proved to me on the basis of satisfactory evide ce to be the persoros whose nVr } is1 subscribed to the within instrume and acknowledged to me that helshel 1e executed the same ' hislherl authorized capacity, and that by hislher he' signature�j on the instrument the person, or the entit ie upon behalf of which the person} acted, executed the instrument. .......... BARBARA ALEXANOER NOTARY PUBLIC - CALIFonNiA COMMISSION #2108501 ORANGE COUNTY My Comm. Exp. May 22, 2019 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: 0y�- Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Number of Pages: 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: Document Date: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -7- 1 1 OR(,-11191 /2222S5nv1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .'iWnJ�~�L!�./•1�'�.L�.+ni�W: Yv\/Y'/-+VW-VV.�A.i� inn~.^J�VI.I�+�Mn•�.V����1i+�i^y���wRti�%i�.V~ji"i�W v�V'v'���r•�V�W ni\�.1_^'�l\M�/�1�/v.n VtiV�! A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On personally appeared ...... ss. before me, Notary Public 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, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. 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. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: v 0 Corporate Officer — Title(s) Partner— ❑ Limited ❑ General Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Document Date: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 E/vl Mrvnr.,'..t; •.^.: .. _ ..fL-tir-^^✓ .'� "i't'�h^J. ft�•Nti•�iV�/vVt�vfVv-r �hl•Nvti�'11i+/��W�V�+/'•-"'. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On personally appeared ss. before me, . Notary Public 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, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. 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 OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Number of Pages 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: Document Date: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: . Signer Is Representing. IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT NO. 37021 FOR CO MINIUM PURPOSES INTEN® LEGEND . - _ N ra I`- 'T =. a``•.:. I acts TEYECULA LANE QQ' R/W PUBLIC n, C/L MUIRFIELD DRIVE 2s ` •;b \ -E Lxr- Inc wnlrv+Lc' 9 31 4 LM I - n. 9 /-"s 1 1 1 I I sf:f I =i', .,,.• n/', :: .: ii I I �:: I qY e= I ri ! .•.. .... r ? I .i„ I m .• � Ttrt u yr rO m smal6ffi �' CUA. IrxNwr we .., rx• �. EASEMENT DEDICATION LM TO TRI POINT HOMES EASEMENT DEDICATION TO CITY OF TEM ECU LA 3 ?Mh. ire No 0 "\ • �� 8P-12 P�.Q-FASp7Nit� ' r 9P-12titi •I.r. �runm;I"�rir�rr• OASIS GF BCANIN2� NDIE ■I�rrnwN �.-- :n �L�v pwu� Iv recta a xxls IN uL u.re , rrNn r uwnRN nwr. eey�wlr Y%✓:• 1Y'w'N K'r lIFNN rUTFS "Ah ,•,.s _k ,r IT �, —T—s I pRRNO � r>,wnrrQm oxa wrt �wre. mm� v .Id MNa I� nvY.tir. i w.wr. ryA enneu .aa.C.Rnlb w�Er min �iI"'. r y1.I lll. rD.. i NaNa.n � rv.-, Heal pAVAa. Ir.m 1r1rNN• i I.1'ANr illn}�saFuwi wl.q•I. ui.yDwW;•<I 1: tiiN^k wN� i�+L p,e�:fpp�iyµ�iq�dip:►x v�Na' u .v.s Rwn•..-d as ImuN u..wmr enN.r.v..n<. LEGAL OESCNIPTI DN _ �a,�, sI�L PO};�� _ - ��' 4. w•t�?•4. S:�Se.. t�g5 � ` SECTION �r-r lFr: 1hE'LNAhY:A zo• 1.r iti r�' M. Dyf�E�NyLW w..= r - - . ♦ ... t�U rad i. ."ttNr 6aw�w.T..,. Mum— "121. MCI":kY;:. V .- sn TRACT NO, 37201 CYPRESS RIDGE r y I •,N _ PLANNING APPLICATIW ND PA15-1893 � i'K ��}yL. y~�#T�, �r��q'j� �.,��`,'�"'"-�•r4d QlG1tEF8 SHEET I OF 1 SHEETS - �1�� INTER N A T I O IN A L�.�.n-, cv LOCATION MAP Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 9, 2019 SUBJECT: Award a Construction Contract to EBS General Engineering, Inc. for the Citywide Concrete Repairs Fiscal Years 2017-18, PW18-07 PREPARED BY: Amer Attar, Principal Civil Engineer Avlin R. Odviar, Senior Civil Engineer RECOMMENDATION: That the City Council: 1. Award a Construction Contract to EBS General Engineering, Inc., in the amount of $301,290, for the Citywide Concrete Repairs Fiscal Years 2017-18, PW18-07; 2. Authorize the City Manager to approve change orders up to 10% of the contract amount, $30,129. BACKGROUND: On February 12, 2019, the City Council approved the plans and specifications, authorized the Department of Public Works to solicit construction bids, and made a finding of CEQA exemption for the Citywide Concrete Repairs Fiscal Years 2017-18, PW 18-07. The construction contract was publicly advertised between February 13, 2019 and March 13, 2019. Ten bids were received and publicly opened on March 13, 2019. Staff has reviewed and analyzed the bids. The results are as follows: Rank Bidder Bid Amount 1. EBS General Engineering, Inc. $ 301,290.00 2. Gentry General Engineering, Inc. $ 307,829.00 3. Cal romax Engineering, Inc. $ 349,479.00 4. Leonida Builders, Inc. $ 412,611.00 5. Victor Concrete, Inc. $ 426,847.00 6. Onyx Paving $ 476,600.00 7. L C Paving & Sealing, Inc. $ 486,114.05 8. CT&T Concrete Paving $ 488,708.50 9. Hardy and Harper $ 594,015.00 Golden Gate Steel, Inc. Non -responsive The Subcontractors List submitted by Golden Gate Steel, Inc. shows subcontracting 70% of its total bid. This does not meet the requirements of the contract documents, specifically the 2015 Standard Specifications for Public Works Construction, Section 2-3.2 Self Performance, which states in part, "The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price..." Their bid has been deemed non -responsive. Of the remaining bids, staff found EBS General Engineering, Inc. of Corona, California to be the lowest responsible bidder. EBS General Engineering, Inc. has successfully completed similar projects for the City of Temecula and other public agencies. The Engineer's Estimate for the construction contract is $315,000. The project specifications allow for 85 working days (approximately 4 months) to complete the work. FISCAL IMPACT: Adequate funds are available in the Department of Public Works, Maintenance Division, Fiscal Year 2018-19 budget to cover the contract amount of $301,290 plus the 10% contingency of $30,129 for a total encumbrance of $331,419. ATTACHMENTS: 1. Contract 2. List of Concrete Repair Areas CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for CITYWIDE CONCRETE REPAIRS FISCAL YEARS 2017-18 PROJECT NO. PW18-07 THIS CONTRACT, made and entered into the 911 day of April, 2019 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and EBS General Engineering, Inc., hereinafter referred to as "Contractor." WITNESSETH: That City and Contractor, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled CITYWIDE CONCRETE REPAIRS FISCAL YEARS 2017-18, PROJECT NO. PW18-07, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the 2015 version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for CITYWIDE CONCRETE REPAIRS FISCAL YEARS 2017-18, PROJECT NO. PW18-07. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for CITYWIDE CONCRETE REPAIRS FISCAL YEARS 2017-18, PROJECT NO. PW18-07. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. C-1 The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: CITYWIDE CONCRETE REPAIRS FISCAL YEARS 2017-18, PROJECT NO. PW18-07 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: Three Hundred and One Thousand, Two Hundred and Ninety DOLLARS and No CENTS ($301,290.00), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed eighty-five (85) working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. 5. CHANGE ORDERS All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS a. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City. c-2 C. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will C-3 be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 10. TIME OF THE ESSENCE Time is of the essence in this contract. 11. INDEMNIFICATION All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. 12. GRATUITIES Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall C-4 immediately give notice thereof, including all relevant information with respect thereto, to City. 16. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. 20. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. C-5 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Patrick A. Thomas, PE Director of Public Works / City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 23. CLAIM DISPUTE RESOLUTION. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. C-6 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: �J/�it, / M CONTRACTOR: EBS General Engineering, Inc. 1320 E. Sixth Street, Suite 100 Corona, California 92879 bids@ebsgeneral.com 951-279-6869 i Joseph A. Nanci Print or type NAME President Print or type TITLE Em Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: Michael S. Naggar, Mayor C-7 ACTION AND RESOLUTION BY THE BOARD OF DIRECTOR OF EBS GENERAL ENGINEERING, INC A CALIFORNIA CORPORATION All of the Board of Directors of EBS General Engineering, Inc,, desiring to insure that all the proper and authorized individuals, who have corporate authority to bind the said corporation to any and contracts executed by such authorized individuals, have been approved by the board of directors of EBS General Engineering, held a meeting on January 3, 2010. The Board, following a review of the foregoing matter, and upon motion made and seconded, the Board of Directors hereby determines and votes unanimously as follows: BE IT THEREFORE RESOLVED that Joseph Nanci is hereby designated, authorized and empowered, to be duly authorized with all the attendant powers and authorizations related thereto, to bind, obligate and corn nit EBS General Engineering, Inc. to any and all contracts executed by and between EBS General Engineering, Inc. and any other contracting party. There being no further or pending business before the Board, the meeting was ad j ourned. BOARD OF DIRECTORS Date: January 3, 2010 Josep anci, Sofa Director ATTESTATION I, being the Secretary of the above referenced corporation, do hereby certify that the above resolution is the resolution of the corporation. Dated: 1 3 1 Q /'4" zi� Josep anci, Secretary City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 1 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE 1 RIVERTON LN 31082 RIVERTON LN SIDEWALK NIBLICK RD 2 NIBLICK RD S/O DOG LEG CIR SIDEWALK E/S OF STREET HARWICK LN 3 HARWICK LN N/O STONEFIELD LN SIDEWALK W/S OF STREET 4 SHOREWOOD CT 41899 SHOREWOOD CT SIDEWALK DRIVE 5 CAMINO ROMO 42245 CAMINO ROMO APPROACH WOLF CREEK DR SOUTH 6 WOLF CREEK DR SOUTH BETWEEN FIRESIDE DR AND LIVE OAK DR SIDEWALK E/S OF STREET CURB & 7 PENNANT CT 31479 PENNANT CT GUTTER 8 CORTE SANTA CATALINA 32318 CORTE SANTA CATALINA SIDEWALK CAMINO RUBI 9 CAMINO RUBI BEHIND (S/0) 45624 CORTE ROYAL SIDEWALK N/S OF STREET INTERSECTION OF CALLE REDONDELA & CORTE SAGUNTO 10 CALLE REDONDELA SIDEWALK N/E CORNER PARKSIDE DR 11 PARKSIDE DR SIDEWALK BETWEEN TISCHA DR & ALLEYWAY 12 CAMINO HERNANDEZ 33482 CAMINO HERNANDEZ SIDEWALK City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 2 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE BUTTERFIELD STAGE RD 13 BUTTERFIELD STAGE RD APPROX. 580 FT S/O ROTHENBERG DR SIDEWALK W/S OF STREET AGENA ST CURB & 14 AGENA ST APPROX. 50 FT N/O SKY TERRACE DR GUTTER W/S OF STREET INTERSECTION OF AGENA ST & SOUTHERN CROSS RD 15 AGENA ST APRON CATCH BASIN AT S/E CORNER INTERSECTION OF AGENA ST & SOUTHERN CROSS RD CURB & 16 AGENA ST CATCH BASIN AT S/E CORNER GUTTER CAMPANULA WY 17 CAMPANULA WY APPROX. 140 FT W/O MEADOWS PKWY SIDEWALK S/S OF STREET CAMPANULA WY 18 CAMPANULA WY APPROX. 80 FT E/O VOLTA WY SIDEWALK S/S OF STREET CAMPANULA WY 19 CAMPANULA WY APPROX. 130 FT E/O VOLTA WY SIDEWALK S/S OF STREET CAMPANULA WY 20 CAMPANULA WY APPROX. 225 FT E/O VOLTA WY SIDEWALK S/S OF STREET CAMPANULA WY 21 CAMPANULA WY APPROX. 330 FT E/O VOLTA WY SIDEWALK S/S OF STREET CAMPANULA WY 22 CAMPANULA WY APPROX. 430 FT E/O VOLTA WY SIDEWALK S/S OF STREET CAMPANULA WY 23 CAMPANULA WY APPROX 160 FT E/O PAVIA WY SIDEWALK S/S OF STREET INTERSECTION OF CAMPANULA WY & PAVIA WY ADA ACCESS 24 CAMPANULA WY N/E CORNER RAMP City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 3 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE INTERSECTION OF CAMPANULA WY & PAVIA WY CURB & 25 CAMPANULA WY N/E CORNER GUTTER PAVIA WY 26 PAVIA WY APPROX. 20 FT S/O CAMPANULA WY SIDEWALK E/S OF STREET PAVIA WY CURB & 27 PAVIA WY APPROX. 20 FT S/O CAMPANULA WY GUTTER E/S OF STREET TEE DR 28 TEE DR APPROX. 40 FT N/O RANCHO CALIFORNIA RD SIDEWALK W/S OF STREET MEADOWS PKWY 29 MEADOWS PKWY APPROX. 290 FT S/O DE PORTOLA RD SIDEWALK E/S OF STREET BUTTERFIELD STAGE RD 30 BUTTERFIELD STAGE RD APPROX 250 FT N/O JEREZ LN SIDEWALK W/S OF STREET BUTTERFIELD STAGE RD 31 BUTTERFIELD STAGE RD APPROX 120 FT S/O JEREZ LN SIDEWALK W/S OF STREET BUTTERFIELD STAGE RD 32 BUTTERFIELD STAGE RD APPROX 275 FT N/O DE PORTOLA RD SIDEWALK W/S OF STREET MARGARITA RD CURB & 33 MARGARITA RD APPROX 200 FT S/O WINCHESTER RD GUTTER E/S OF STREET CURB & 34 AGENA ST 42672 AGENA ST GUTTER BUTTERFIELD STAGE RD 35 BUTTERFIELD STAGE RD APPROX. 1140 FT S/O ROTHENBERG DR SIDEWALK W/S OF STREET 36 COSMIC DR 42029 COSMIC DR SIDEWALK City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 4 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE RANCHO VISTA RD 37 RANCHO VISTA RD APPROX. 70 FT E/O AVENIDA DE LA REINA SIDEWALK N/S OF STREET INTERSECTION OF CORTE MADERA & VIA EL GRECO ADA ACCESS 38 CORTE MADERA S/E CORNER RAMP INTERSECTION OF DE PORTOLA RD & MONTOVA DR 39 DE PORTOLA RD SIDEWALK S/W CORNER INTERSECTION OF REDHAWK PKWY & VIA RIO TEMECULA ADA ACCESS 40 REDHAWK PKWY N/W CORNER RAMP ROCK BLUFF AVE 41 ROCK BLUFF AVE APPROX. 120 FT N/O RAINBOW CREEK DR SIDEWALK E/S OF STREET ROCK BLUFF AVE CURB AND 42 ROCK BLUFF AVE APPROX. 120 FT N/O RAINBOW CREEK DR GUTTER E/S OF STREET 42015 COSMIC DR CURB & 43 COSMIC DR OPPOSITE SIDE OF STREET GUTTER 44 BUSINESS PARK DR 43475 BUSINESS PARK DR SIDEWALK 45 BUSINESS PARK DR 43475 BUSINESS PARK DR SIDEWALK 46 BUSINESS PARK DR 43475 BUSINESS PARK DR SIDEWALK 47 CAMINO ROMO 42245 CAMINO ROMO SIDEWALK 48 ANNAPOLIS DR 40163 ANNAPOLIS DR SIDEWALK City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 5 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE INTERSECTION OF WINCHESTER RD & PROMENADE MALL EAST ADA ACCESS 49 WINCHESTER RD S/E CORNER RAMP INTERSECTION OF WINCHESTER RD & PROMENADE MALL EAST ADA ACCESS 50 WINCHESTER RD S/E CORNER RAMP INTERSECTION OF WINCHESTER RD & PROMENADE MALL EAST 51 WINCHESTER RD SIDEWALK S/E CORNER INTERSECTION OF WINCHESTER RD & PROMENADE MALL EAST CURB & 52 WINCHESTER RD S/E CORNER GUTTER WINCHESTER RD CURB & 53 WINCHESTER RD APPROX. 175 FT E/O PROMENADE MALL EAST GUTTER S/S OF STREET INTERSECTION OF HARVESTON DR & FARIMONT LN 54 HARVESTON DR SIDEWALK S/W CORNER INTERSECTION OF MARGARITA RD & OVERLAND DR ADA ACCESS 55 MARGARITA RD N/W CORNER RAMP INTERSECTION OF MARGARITA RD & OVERLAND DR ADA ACCESS 56 MARGARITA RD N/W CORNER RAMP INTERSECTION OF MARGARITA RD & OVERLAND DR CURB & 57 MARGARITA RD N/W CORNER GUTTER 58 LIVE OAK DR 32154 LIVE OAK DR SIDEWALK HONORS DR 59 HONORS DR APPROX. 40 FT W/O BALATA DR SIDEWALK S/S OF STREET HONORS DR 60 HONORS DR APPROX. 100 FT W/O VARDON DR SIDEWALK N/S OF STREET City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 6 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE INTERSECTION OF HONORS DR & VARDON DR 61 HONORS DR SIDEWALK N/W CORNER INTERSECTION OF HONORS DR & SOUTHERN HILLS DR ADA ACCESS 62 HONORS DR N/E CORNER RAMP INTERSECTION TEMEKU DR & GLENEAGLES DR ADA ACCESS 63 TEMEKU DR N/E CORNER RAMP INTERSECTION TEMEKU DR & GLENEAGLES DR ADA ACCESS 64 TEMEKU DR N/E CORNER RAMP INTERSECTION TEMEKU DR & GLENEAGLES DR 65 TEMEKU DR SIDEWALK S/E CORNER VIA LA VIDA 66 VIA LA VIDA APPROX. 45 FT S/O SOLONA WY SIDEWALK E/S OF STREET VIA LA VIDA CURB AND 67 VIA LA VIDA APPROX. 45 FT S/O SOLONA WY GUTTER E/S OF STREET INTERSECTION OF VIA LA VIDA & SOLANA WY ADA ACCESS 68 VIA LA VIDA S/W CORNER RAMP INTERSECTION OF VIA LA VIDA & SOLANA WY ADA ACCESS 69 VIA LA VIDA S/W CORNER RAMP INTERSECTION OF VIA LA VIDA & SOLANA WY 70 VIA LA VIDA SIDEWALK S/W CORNER 71 LEIGH LN 31943 LEIGH LN SIDEWALK 41397 BUECKING DR UNDER 72 BUECKING DR APPROX. 60 FT E/O DRIVE APPROACH SIDEWALK N/S OF STREET DRAIN City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 7 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE 41397 BUECKING DR 73 BUECKING DR APPROX. 60 FT E/O DRIVE APPROACH SIDEWALK N/S OF STREET 41397 BUECKING DR CURB AND 74 BUECKING DR APPROX. 60 FT E/O DRIVE APPROACH GUTTER N/S OF STREET 75 CAMINO ROMO 42245 CAMINO ROMO SIDEWALK INTERSECTION OF LOGGER TR & FIRESIDE DR 76 LOGGER TR SIDEWALK N/W CORNER 77 SWEETBRIER CIR 39881 SWEETBRIER CIR SIDEWALK 78 MADISON AVE 27235 MADISON AVE SIDEWALK 79 BRISTOL RD 28905 BRISTOL RD SIDEWALK MARGARITA RD 80 MARGARITA RD APPROX. 290 FT N/0 DE PORTOLA RD SIDEWALK W/S OF STREET UNDER 81 RIO NEDO RD 42327 RIO NEDO RD SIDEWALK DRAIN CURB & 82 RIO NEDO RD 42327 RIO NEDO RD GUTTER RANCHO VISTA RD 83 RANCHO VISTA RD APPROX. 100 FT E/O CAMINO ROMO SIDEWALK S/S OF STREET HARVESTON DR 84 HARVESTON DR APPROX. 215 FT S/O SAVANNAH DR SIDEWALK E/S OF STREET City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 8 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE HARVESTON DR 85 HARVESTON DR APPROX. 110 FT S/O SAVANNAH DR SIDEWALK E/S OF STREET HARVESTON DR 86 HARVESTON DR APPROX. 15 FT S/O SAVANNAH DR SIDEWALK E/S OF STREET INTERSECTION OF HARVESTON DR & SAVANNAH DR ADA ACCESS 87 HARVESTON DR S/E CORNER RAMP INTERSECTION OF HARVESTON DR & SAVANNAH DR ADA ACCESS 88 HARVESTON DR S/E CORNER RAMP HARVESTON DR 89 HARVESTON DR APPROX. 100 FT S/O EASTON PL SIDEWALK E/S OF STREET HARVESTON DR 90 HARVESTON DR APPROX. 10 FT S/O EASTON PL SIDEWALK E/S OF STREET HARVESTO DR 91 HARVESTON DR APPROX. 150 FT S/O HARVESTON SCHOOL RD SIDEWALK E/S OF STREET HARVESTO DR 92 HARVESTON DR APPROX. 125 FT S/O HARVESTON SCHOOL RD SIDEWALK E/S OF STREET HARVESTO DR 93 HARVESTON DR APPROX. 55 FT S/O HARVESTON SCHOOL RD SIDEWALK E/S OF STREET INTERSECTION OF HARVESTON DR & HARVESTON SCHOOL RD ADA ACCESS 94 HARVESTON DR S/E CORNER RAMP HARVESTON SCHOOL RD 95 HARVESTON SCHOOL RD APPROX. 85 FT E/O HARVESTON DR SIDEWALK S/S OF STREET HARVESTON SCHOOL RD 96 HARVESTON SCHOOL RD APPROX. 15 FT E/O HARVESTON DR SIDEWALK S/S OF STREET City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 9 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE INTERSECTION OF HARVESTON DR & HARVESTON SCHOOL RD 97 HARVESTON DR SIDEWALK N/E CORNER HARVESTON DR 98 HARVESTON DR APPROX. 50 FT S/O WELLSLEY CT SIDEWALK E/S OF STREET HARVESTON DR 99 HARVESTON DR APPROX. 150 FT N/0 WELLSLEY CT SIDEWALK E/S OF STREET HARVESTON DR UNDER 100 HARVESTON DR APPROX. 80 FT N/0 TOWNSHIP RD SIDEWALK W/S OF STREET DRAIN TOWNSHIP RD 101 TOWNSHIP RD APPROX. 130 FT E/O VILLAGE RD SIDEWALK S/S OF STREET TOWNSHIP RD 102 TOWNSHIP RD APPROX. 35 FT W/O HARVESTON DR SIDEWALK S/S OF STREET TOWNSHIP RD 103 TOWNSHIP RD APPROX. 10 FT W/O HARVESTON DR SIDEWALK S/S OF STREET HARVESTON DR 104 HARVESTON DR APPROX. 20 FT W/O AUBURN LN SIDEWALK N/S OF STREET INTERSECTION OF HARVESTON DR & FAIRMONT LN ADA ACCESS 105 HARVESTON DR S/W CORNER RAMP HARVESTON DR 106 HARVESTON DR APPROX. 55 FT S/O FAIRMONT LN SIDEWALK W/S OF STREET HARVESTON DR 107 HARVESTON DR APPROX. 170 FT S/O FAIRMONT LN SIDEWALK W/S OF STREET HARVESTON DR 108 HARVESTON DR APPROX. 220 FT S/O FAIRMONT LN SIDEWALK W/S OF STREET City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 10 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE HARVESTON DR 109 HARVESTON DR APPROX. 240 FT S/O FAIRMONT LN SIDEWALK W/S OF STREET HARVESTON DR 110 HARVESTON DR APPROX. 300 FT S/O FAIRMONT LN SIDEWALK W/S OF STREET INTERSECTION OF CONGRESSIONAL DR & SEA ISLAND CT 111 CONGRESSIONAL DR SIDEWALK ADJACENT TO CATCH BASIN ON S/S OF STREET CONGRESSIONAL DR UNDER 112 CONGRESSIONAL DR APPROX. 60 FT W/O SEA ISLAND CT SIDEWALK S/S OF STREET DRAIN CONGRESSIONAL DR 113 CONGRESSIONAL DR APPROX. 60 FT W/O SEA ISLAND CT SIDEWALK S/S OF STREET CONGRESSIONAL DR UNDER 114 CONGRESSIONAL DR APPROX. 90 FT E/O SEA ISLAND CT SIDEWALK S/S OF STREET DRAIN CONGRESSIONAL DR 115 CONGRESSIONAL DR APPROX. 90 FT E/O SEA ISLAND CT SIDEWALK S/S OF STREET MEADOW BROOK WY 116 MEADOW BROOK WY APPROX. 70 FT S/O CONGRESSIONAL DR SIDEWALK W/S OF STREET RANCHO CALIFORNIA RD 117 RANCHO CALIFORNIA RD APPROX. 220 FT W/O TEE DR SIDEWALK N/S OF STREET RANCHO CALIFORNIA RD 118 RANCHO CALIFORNIA RD APPROX. 135 FT W/O BAHIA VISTA SIDEWALK N/S OF STREET HARVESTON DR 119 HARVESTON DR APPROX. 500 FT W/O CHARLESTON LN SIDEWALK N/S OF STREET HARVESTON DR 120 HARVESTON DR APPROX. 580 FT W/O CHARLESTON LN SIDEWALK N/S OF STREET City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 11 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE HARVESTON DR 121 HARVESTON DR APPROX. 600 FT W/O CHARLESTON LN SIDEWALK N/S OF STREET HARVESTON DR 122 HARVESTON DR APPROX. 660 FT W/O CHARLESTON LN SIDEWALK N/S OF STREET HARVESTON DR 123 HARVESTON DR APPROX. 50 FT N/O ABERDEEN LN SIDEWALK W/S OF STREET HARVESTON DR 124 HARVESTON DR APPROX. 110 FT N/O FAIRMONT LN SIDEWALK W/S OF STREET INTERSECTION OF HARVESTON DR & PASADENA DR ADA ACCESS 125 HARVESTON DR S/W CORNER RAMP INTERSECTION OF HARVESTON DR & PASADENA DR ADA ACCESS 126 HARVESTON DR S/W CORNER RAMP INTERSECTION OF HARVESTON DR & PASADENA DR 127 HARVESTON DR SIDEWALK S/W CORNER INTERSECTION OF HARVESTON DR & PASADENA DR ADA ACCESS 128 HARVESTON DR S/E CORNER RAMP INTERSECTION OF HARVESTON DR & PASADENA DR 129 HARVESTON DR SIDEWALK S/E CORNER LAKEVIEW RD 130 LAKEVIEW RD APPROX. 145 FT S/O DATE ST SIDEWALK W/S OF STREET LAKEVIEW RD 131 LAKEVIEW RD APPROX. 195 FT S/O DATE ST SIDEWALK W/S OF STREET LAKEVIEW RD 132 LAKEVIEW RD APPROX. 210 FT S/O DATE ST SIDEWALK W/S OF STREET City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 12 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE LAKEVIEW RD 133 LAKEVIEW RD APPROX. 240 FT S/O DATE ST SIDEWALK W/S OF STREET LAKEVIEW RD 134 LAKEVIEW RD APPROX. 290 FT S/O DATE ST SIDEWALK W/S OF STREET LAKEVIEW RD 135 LAKEVIEW RD APPROX. 160 FT N/O HARVESTON DR SIDEWALK W/S OF STREET LAKEVIEW RD 136 LAKEVIEW RD APPROX. 15 FT N/O HARVESTON DR SIDEWALK W/S OF STREET RANCHO CALIFORNIA RD 137 RANCHO CALIFORNIA RD APPROX. 60 FT E/O CALLE ARAGON SIDEWALK N/S OF STREET RANCHO CALIFORNIA RD 138 RANCHO CALIFORNIA RD APPROX. 40 FT E/O CALLE ARAGON SIDEWALK N/S OF STREET RANCHO CALIFORNIA RD 139 RANCHO CALIFORNIA RD APPROX. 90 FT W/O MEADOWS PKWY SIDEWALK N/S OF STREET RANCHO CALIFORNIA RD 140 RANCHO CALIFORNIA RD APPROX. 150 FT W/O MEADOWS PKWY SIDEWALK N/S OF STREET RANCHO CALIFORNIA RD 141 RANCHO CALIFORNIA RD APPROX. 220 FT W/O MEADOWS PKWY SIDEWALK N/S OF STREET RANCHO CALIFORNIA RD 142 RANCHO CALIFORNIA RD APPROX. 420 FT E/O MARGARITA RD SIDEWALK N/S OF STREET RANCHO CALIFORNIA RD 143 RANCHO CALIFORNIA RD APPROX. 25 FT E/O MARGARITA RD SIDEWALK N/S OF STREET INTERSECTION OF RANCHO CALIFORNIA RD & MARGARITA RD ADA ACCESS 144 RANCHO CALIFORNIA RD N/E CORNER RAMP City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 13 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE INTERSECTION OF RANCHO CALIFORNIA RD & MARGARITA RD 145 RANCHO CALIFORNIA RD SIDEWALK N/E CORNER RANCHO CALIFORNIA RD 146 RANCHO CALIFORNIA RD APPROX. 50 FT E/O YUKON RD SIDEWALK N/S OF STREET YUKON RD CURB & 147 YUKON RD APPROX. 25 FT N/0 RANCHO CALIFORNIA RD GUTTER W/S OF STREET RORIPAUGH RD 148 RORIPAUGH RD APPROX. 160 FT N/0 STARLING ST SIDEWALK W/S OF STREET HARVESTON DR 149 HARVESTON DR APPROX 85 FT E/O CHARLESTON LN SIDEWALK N/S OF STREET HARVESTON DR 150 HARVESTON DR APPROX 45 FT W/O CHARLESTON LN SIDEWALK N/S OF STREET HARVESTON DR 151 HARVESTON DR APPROX 320 FT W/O CHARLESTON LN SIDEWALK N/S OF STREET LAKEVIEW RD 152 LAKEVIEW RD APPROX. 35 FT N/0 HARVESTON DR SIDEWALK W/S OF STREET LAKEVIEW RD 153 LAKEVIEW RD APPROX. 130 FT N/0 HARVESTON DR SIDEWALK W/S OF STREET LAKEVIEW RD 154 LAKEVIEW RD APPROX. 75 FT N/0 HARVESTON DR SIDEWALK W/S OF STREET LAKEVIEW RD 155 LAKEVIEW RD APPROX. 205 FT N/0 HARVESTON DR SIDEWALK W/S OF STREET INTERSECTION OF HARVESTON DR & ANN ARBOR PL 156 HARVESTON DR SIDEWALK S/E CORNER City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 14 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE INTERSECTION OF HARVESTON DR & NEWPORT RD ADA ACCESS 157 HARVESTON DR S/W CORNER RAMP INTERSECTION OF HARVESTON DR & NEWPORT RD ADA ACCESS 158 HARVESTON DR S/W CORNER RAMP INTERSECTION OF HARVESTON DR & NEWPORT RD 159 HARVESTON DR SIDEWALK S/W CORNER INTERSECTION OF NEWPORT RD & HARVESTON DR 160 NEWPORT RD SIDEWALK S/E CORNER HARVESTON DR ADA ACCESS 161 HARVESTON DR APPROX. 10 FT E/O NEWPORT RD RAMP S/S OF STREET HARVESTON DR 162 HARVESTON DR APPROX. 10 FT E/O NEWPORT RD SIDEWALK S/S OF STREET HARVESTON DR 163 HARVESTON DR APPROX. 180 FT E/O NEWPORT RD SIDEWALK S/S OF STREET HARVESTON DR 164 HARVESTON DR APPROX. 265 FT E/O NEWPORT RD SIDEWALK S/S OF STREET HARVESTON DR 165 HARVESTON DR APPROX. 175 FT W/O SHERBOURNE PL SIDEWALK S/S OF STREET HARVESTON DR 166 HARVESTON DR APPROX. 215 FT W/O SHERBOURNE PL SIDEWALK S/S OF STREET SHERBOURNEPL 167 SHERBOURNE PL APPROX. 20 FT N/0 HARVESTON DR SIDEWALK W/S OF STREET INTERSECTION OF HARVESTON DR & SHERBOURNE PL ADA ACCESS 168 HARVESTON DR N/W CORNER RAMP City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 15 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE HARVESTON DR 169 HARVESTON DR APPROX. 80 FT W/O SHERBOURNE PL SIDEWALK N/S OF STREET HARVESTON DR 170 HARVESTON DR APPROX. 160 FT W/O SHERBOURNE PL SIDEWALK N/S OF STREET INTERSECTION OF HARVESTON DR & EVANSTON PL ADA ACCESS 171 HARVESTON DR N/E CORNER RAMP HARVESTON DR 172 HARVESTON DR APPROX. 270 FT W/O EVANSTON PL SIDEWALK N/S OF STREET HARVESTON DR 173 HARVESTON DR APPROX. 340 FT W/O EVANSTON PL SIDEWALK N/S OF STREET INTERSECTION OF HARVESTON DR & NEWPORT RD 174 HARVESTON DR SIDEWALK N/S OF STREET HARVESTON DR 175 HARVESTON DR APPROX. 20 FT W/O NEWPORT RD SIDEWALK N/S OF STREET INTERSECTION OF HARVESTON DR & ANN ARBOR PL 176 HARVESTON DR SIDEWALK S/S OF STREET INTERSECTION OF HARVESTON DR & ANN ARBOR PL ADA ACCESS 177 HARVESTON DR N/E CORNER RAMP INTERSECTION OF HARVESTON DR & ANN ARBOR PL ADA ACCESS 178 HARVESTON DR N/E CORNER RAMP INTERSECTION OF HARVESTON DR & ANN ARBOR PL ADA ACCESS 179 HARVESTON DR N/W CORNER RAMP INTERSECTION OF HARVESTON DR & ANN ARBOR PL ADA ACCESS 180 HARVESTON DR N/W CORNER RAMP City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 16 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE HARVESTON DR 181 HARVESTON DR APPROX. 90 FT W/O ANN ARBOR PL SIDEWALK N/S OF STREET LAKEVIEW RD 182 LAKEVIEW RD APPROX. 110 FT N/O HARVESTON DR SIDEWALK E/S OF STREET LAKEVIEW RD 183 LAKEVIEW RD APPROX. 140 FT N/O HARVESTON DR SIDEWALK E/S OF STREET LAKEVIEW RD 184 LAKEVIEW RD APPROX. 160 FT N/O HARVESTON DR SIDEWALK E/S OF STREET LAKEVIEW RD 185 LAKEVIEW RD APPROX. 230 FT N/O HARVESTON DR SIDEWALK E/S OF STREET NORTH END OF PARKING LOT 186 PALA COMMUNITY PARK ADJACENT TO BASKETBALL COURTS SIDEWALK AT LIGHT POLE 187 PALA COMMUNITY PARK ENTRANCE TO PICNIC TABLE AT NORTH END OF BASKETBALL COURTS SIDEWALK PARKING STALL NEXT TO MAIN ENTRANCE @ BASKETBALL COURT NEXT TO CURB & 188 PALA COMMUNITY PARK BIKE RACK GUTTER PARKING STALL NEXT TO MAIN ENTRANCE @ BASKETBALL COURT NEXT TO 189 PALA COMMUNITY PARK SIDEWALK BIKE RACK FIRST PARKING STALL ON RIGHT HAND SIDE (S/S) OF ENTRANCE FROM 190 PATRICA H. BIRDSALL SPORTS PARK SIDEWALK WOLF CREEK DR SOUTH 191 PABLO APIS PARK AT EXIT FROM LARGE PLAYGROUND SLIDE SIDEWALK 192 TEMECULA CREEK TRAIL PARK BACK OF PLAYGROUND BETWEEN SLIDE STRUCTURE AND LARGE TREE SIDEWALK City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 17 of 19 CONCRETE ID NO. STREET OR PARK LOCATION FACILITY TYPE ENTRANCE FROM DE PORTOLA RD ADA ACCESS 193 PALOMA DEL SOL PARK S/E CORNER RAMP ENTRANCE FROM DE PORTOLA RD 194 PALOMA DEL SOL PARK SIDEWALK S/E CORNER ENTRANCE FROM DE PORTOLA RD DRIVE 195 PALOMA DEL SOL PARK S/E CORNER APPROACH ENTRANCE FROM DE PORTOLA RD CURB & 196 PALOMA DEL SOL PARK S/E CORNER GUTTER 197 RONALD REAGAN SPORTS PARK TOP OF ADA RAMP @ NORTH/SOUTH FIELD SIDEWALK 198 RONALD REAGAN SPORTS PARK BOTTOM OF ADA RAMP @ NORTH/SOUTH FIELD SIDEWALK 199 RONALD REAGAN SPORTS PARK BOTTOM OF ADA RAMP @ NORTH/SOUTH FIELD CURB CROSS 200 RONALD REAGAN SPORTS PARK CROSS GUTTER THROUGH WASH TO SKATE PARK GUTTER 201 RONALD REAGAN SPORTS PARK BEHIND HOME PLATE OF FIELD #5 SIDEWALK 202 RONALD REAGAN SPORTS PARK BEHIND BLEACHERS OF FIELD #3 SIDEWALK 203 RONALD REAGAN SPORTS PARK ADA RAMP @ 3RD BASE LINE OF FIELD #6 SIDEWALK 204 MARGARITA DOG PARK NEAR SPRING PLAYGROUND FEATURE 9 TRASH CAN & BIG TREE SIDEWALK City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 18 of 19 ID NO. STREET OR PARK LOCATION CONCRETE FACILITY TYPE 205 TEMEKU HILLS PARK NORTH END OF PARKING LOT FROM MEADOWS PKWY AT YELLOW BOLLARDS AND BASKETBALL COURT SIDEWALK 206 RIVERTON PARK AT PICNIC SHELTER AND SWING SET, ADJACENT TO BENCH SIDEWALK 207 NICOLAS ROAD PARK ADJACENT TO 27680 PARKSIDE DR SIDEWALK 208 LONG CANYON CREEK PARK BETWEEN MOTORCYCLE SPRING PLAYGROUND FEATURE AND LARGE TREE SIDEWALK 209 MARGARITA COMMUNITY PARK AT CORNER OF SPLASH PAD FENCE BY ACCESS PATH TO TENNS COURTS SIDEWALK 210 MARGARITA COMMUNITY PARK AT DRINKING FOUNTAIN BETWEEN TENNIS COURTS AND HOCKEY RINK SIDEWALK 211 HARVESTON COMMUNITY PARK PARKING LOT OFF EQUITY DR NEXT TO N/E PARKING SPOT AT BIG TREE SIDEWALK 212 HARVESTON LAKE PARK AT PARK OFF BALBOA DR BEHIND /RESTROOM BUILDING SIDEWALK 213 HARVESTON LAKE PARK AT PARK OFF BALBOA DR BY TRASH CAN NEAR PARK RULES SIGN SIDEWALK 214 HARVESTON LAKE PARK ACROSS FROM 40101 BALBOA DR SIDEWALK 215 HARVESTON LAKE PARK ACROSS FROM 40053 BALBOA DR AT TREE SIDEWALK 216 HARVESTON LAKE PARK LAKE SIDE OF 40079 ASHVILLE LN SIDEWALK City of Temecula LIST OF CONCRETE AREAS PW18-07 Department of Public Works Page 19 of 19 ID NO. STREET OR PARK LOCATION CONCRETE FACILITY TYPE 217 HARVESTON LAKE PARK LAKE SIDE OF 40085 ASHVILLE LN SIDEWALK 218 HARVESTON LAKE PARK LAKE SIDE OF 40164 STOWE RD SIDEWALK Item No. 12 TEMECULA CITY COUNCIL AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: April 9, 2019 SUBJECT: Adopt a Resolution Determining that the Emergency Repairs Authorized by Resolution 2019-11 Pursuant to Public Contract Code Section 22050 Have Been Completed and There is No Longer a Need For the Emergency Authorization RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA THAT THE ACTIONS AUTHORIZED BY RESOLUTION NO. 2019-11 FOR THE EMERGENCY REPAIR OF DAMAGED ROADS INCLUDING YNEZ ROAD, OLD TOWN FRONT STREET, JEFFERSON AVENUE, DEL REY ROAD, CHANDLER DRIVE, SUZI LANE, SHREE ROAD, SKYLINE DRIVE, LIEFER ROAD, NICOLAS ROAD, PECHANGA PARKWAY, REDHAWK PARKWAY, AND THE TEMECULA PARKWAY ON -RAMP TO INTERSTATE 15-SOUTH PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050 HAVE BEEN COMPLETED AND THERE IS NO LONGER A NEED FOR THE EMERGENCY AUTHORIZATION BACKGROUND: As a result of the storm events the week of February 11, 2019 which were particularly intense with over 5-inches of rain falling in the 24-hour period covering Thursday, February 14, 2019; there were many areas throughout the City that experienced extensive sediment deposition in public streets, clogging underground drainage systems and causing extensive erosion and damage to surrounding areas. In addition to typical surface damage, pot -holes, rutting and debris within the roadway, several roadways including Ynez Road south of Pauba, Old Town Front Street south of Santiago Road, and Jefferson Avenue northwest of Overland Drive have moderate to severe underground erosion causing sink -holes and failures of the roadway such that traffic had to be diverted around the compromised portion of the roadway for safety. In order to quickly restore the full use of impacted roadways, the emergency provisions of the Public Contract Code were implemented with the City Council, jointly with the Temecula Community Services District Board of Directors, adopting Resolution 19-11 at an emergency meeting on February 26, 2019. The Public Works Maintenance division, responded to the extent possible, but the extreme nature of the repairs necessitated that they engage the services of their on -call contractors to facilitate timely repairs. The impacted areas have been addressed, sediment and debris deposited on surface streets has been cleared. Total cost of clean-up and repair is still being finalized but is estimated to be $124,000. The storm drain system running beneath Ynez Road south of Pauba, that failed and caused a large sink hole, has been repaired, and the resulting trench has been backfilled and the pavement restored. Total cost of repairs are still being finalized but are estimated to be $123,000. The necessary repairs to the Temecula Parkway onramp to southbound I-15, including clearing the sediment clogged storm drain system, which drains the interchange, have been completed. The total cost is being finalized, but is estimated to be $100,000. FISCAL IMPACT: None — the necessary funds for the repairs were appropriated at the February 26, 2019 emergency meeting along with the adoption of Resolution 19-11. ATTACHMENTS: Resolution RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA THAT THE ACTIONS AUTHORIZED BY RESOLUTION NO. 2019-11 FOR THE EMERGENCY REPAIR OF DAMAGED ROADS INCLUDING YNEZ ROAD, OLD TOWN FRONT STREET, JEFFERSON AVENUE, DEL REY ROAD, CHANDLER DRIVE, SUZI LANE, SHREE ROAD, SKYLINE DRIVE, LIEFER ROAD, NICOLAS ROAD, PECHANGA PARKWAY, REDHAWK PARKWAY, AND THE TEMECULA PARKWAY ON -RAMP TO INTERSTATE 15-SOUTH PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050 HAVE BEEN COMPLETED AND THERE IS NO LONGER A NEED FOR THE EMERGENCY AUTHORIZATION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council does hereby find, determine and declare that: (a) On February 26, 2019, the City Council adopted Resolution No. 2019-11 finding that severe problems with portions of the roadway, underlying soils and surrounding land as a result of the storms on February 14 and 15, 2019 consisting of the following: sinkholes; road failures; underlying soil failures; flooding; excessive ground water; and other related problems resulting from these conditions due to the recent rains in the City ("Damaged Roads"). The Damaged Roads include Ynez Road, Old Town Front Street, Jefferson Avenue, Del Rey Road, Chandler Drive, Suzi Lane, Shree Road, Skyline Drive, Liefer Road, Nicolas Road, Pechanga Parkway, Redhawk Parkway, and the Temecula Parkway on -ramp to Interstate 15-South. All are major roads in the City. (b) Resolution 2019-11 also authorized the City Manager to proceed at once to replace or repair the Damaged Roads without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts and authorized the City Manager to enter into one or more contracts not exceeding a combined amount of $500,000 to do such work pursuant to Public Contract Code Sections 22035 and 22050. (c) The repair work for the Damaged Roads proceeded under the authority of Resolution No. 2019-11. The City Manager has submitted a written report to the City Council of this date detailing the status of the repair work. Section 2. Continued Finding of Emergency. Based on the evidence submitted in the City Manager's Staff Report to the City Council, the City Council hereby finds, based on substantial evidence in the record, that the Damaged Roads constitutes a continuing emergency that will not permit a delay resulting from a competitive solicitation for bids, and that the actions described in Resolution No. 2019-11 were necessary and continued to be necessary to respond to the emergency, complete the repairs to the Damaged Roads and protect the public using these roads. As of April 9, 2019, all work for the repair and replacement of Damaged Roads has been completed. There is no longer a need to continue the emergency work authorization, provided, however, the Director of Finance is hereby authorized to pay any invoices properly incurred for such work. Section 3. Ratification of Staff Actions to Repair Damaged Roads. The City Council hereby ratifies and affirms the actions of the City Manager and City employees and contractors taken so far to repair or replace portions of the Damaged Roads and associated rights of way as a result of the Damaged Roads, any directly related and immediate action required to mitigate the Damaged Roads, and procurement of the necessary equipment, services, and supplies for those purposes. Section 4. Certification. The City shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of April, 2019. Michael S. Naggar, 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. 19- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of April, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk TEMECULA COMMUNITY SERVICES DISTRICT CONSENT Item No. 13 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 26, 2019 CALL TO ORDER at 7:40 PM: President James "Stew" Stewart ROLL CALL: Edwards, Naggar, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS None CSD CONSENT CALENDAR 17. Approve the Action Minutes of March 12, 2019 Recommendation: That the Board of Directors approve the action minutes of March 12, 2019. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Rahn. The electronic vote reflected unanimous approval. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:43 PM, the Community Services District meeting was formally adjourned to Tuesday, April 9, 2019, at 5:30 PM for a Closed Session, with a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. James Stewart, President ATTEST: Randi Johl, Secretary [SEAL] Item No. 14 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: April 9, 2019 SUBJECT: Introduce Ordinance Amending Portions of the Temecula Municipal Code to Add Definitions and Make Minor Clarifications and Typographical Corrections PREPARED BY: Dale West, Associate Planner II RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 19- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 1, 8,10, 15,16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO ADD DEFINITIONS, MAKE MINOR POLICY CLARIFICATIONS AND MAKE MINOR TYPOGRAPHICAL EDITS AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3). SUMMARY OF ORDINANCE: An amendment to the Temecula Municipal Code amending Titles 1, 8, 10, 15, 16, and 17 to add definitions, make minor policy clarifications and make minor typographical corrections. BACKGROUND: The City of Temecula City Council adopted the Municipal Code in January 1990. Since its adoption, the City Council has periodically made amendments to various sections of the Code to improve its clarity and to make necessary corrections. The proposed amendments to the Temecula Municipal Code include amendments to Titles 1, 8, 10, 15, 16, and 17. The proposed amendments are not substantial policy changes and do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Municipal Code. A red -lined version of the proposed text changes to the Temecula Municipal Code is attached to this staff report for your reference. Outlined below is the explanation for the proposed amendments. Procedure for serving administration citation. Section 1.21.05(C) There is a typographical error in the second sentence of this section regarding signing an administrative citation. The proposed ordinance corrects the error to change the phrase from "...falls to sign" to "... fails to sign" the administrative citation. 2. Prohibition of smoking in public places, places of employment and other areas. Section 8.36.030(B) The Riverside County Sheriff's Department requested that the City update its Municipal Code regarding smoking prohibitions to clarify that smoking is not permitted on public or private school property, and that the prohibition extends to "possession of tobacco, nicotine, vapes, and smoking paraphernalia." The Sheriff's Department believes the recent increase in usage of tobacco and nicotine products and the possession of vaping devices and other smoking paraphernalia on school campuses is due to the removal of Section 308(b) from the California Penal Code, no longer making it illegal for minors to possess or use tobacco/nicotine/vape devices. The Temecula Valley Unified School District (TVUSD) requested assistance from the Temecula Police Department to help "develop a plan of action against this rising epidemic." The proposed amendment is intended to address that concern. 3. Parking for certain purposes prohibited. Section 10.16.050 The proposed amendment would remove the prohibition for a person to park a vehicle upon any roadway for the principle purpose of displaying a vehicle for sale. The City Attorney has opined that prohibiting a for sale sign on a vehicle parked within the public right-of- way is an infringement upon a person's First Amendment right. 4. Application for development fee reduction. Section 15.06.050(A)(2) There is a typographical error in the second sentence of this paragraph regarding when the application for a fee reduction may be filed with the Director of Community Development. The proposed ordinance corrects the error from "shall be ... fried" to "shall be ... filed" with the Director of Community Development. 5. Processing_ procedures for lot line adjustments. Section 16.36.080(C The proposed ordinance clarifies that the City's procedure for processing lot line adjustments complies with State Subdivision Map Act guidelines by adding "Pursuant to Subdivision Map Act Guidelines" to the beginning of the sentence. 6. Conditional use permits. Time extension. Section 17.04.010(H) The proposed ordinance corrects a text error. The section currently indicates the extension of time application for an existing conditional use permit applies to a "plot plan". The amendment replaces the text "plot plan" with "conditional use permit." 7. Temporary use permits. Major temporary uses. Section 17.04.020(B)(1) The proposed ordinance establishes that temporary construction offices will require a temporary use permit in all zones except the Open Space and Conservation Zone. Refer to item 14 in this list for the related amendment that deletes temporary facilities and construction offices as an accessory structure to a main permanent building, because the use is not permanent and therefore, it is more appropriately permitted as a temporary use. 8. Temporary Use Permits. Findings. Section 17.04.020(D)(3) There is a grammatical error in subsection 3, which is one of the findings that must be made to approve a temporary use permit. The proposed ordinance adds the word "is" to the following sentence: The nature of the proposed use is not detrimental to the health, safety, or welfare of the community. 9. Modifications to an approved development plan. Time extensions. Section 17.05.030(F) The proposed amendment establishes provisions for the expiration and extension of time for a modification to an unexpired or vested development plan by adding subsection F and G to section 17.05.030. The proposed amendment specifies that a modification to a development plan application expires three years after the date of approval, and up to five one-year extension of time may be granted, subject to notification requirements and compliance with development code provisions. Requests for extensions beyond the fifth approval may be granted by the City Council. 10. Residential districts special use standards and regulations. Accessory structures and uses. Section 17.06.050 (D). The proposed ordinance makes two changes to the notes in Table 17.06.050A regarding setback requirements for accessory structures. First, it amends note 4 to change the name of "second dwelling unit" to "accessory dwelling unit" to correspond with the referenced use name. Second, it adds note 7 clarifying that only one detached guest house shall be permitted on any one lot with a single family dwelling. 11. Residential districts special use standards and regulations. Fences, Hedges, Walls (Section 17.06.050(J)(1) This section establishes regulations for fences, hedges, and walls in residential districts, which currently does not mention chain link fencing. When a use or a regulation is not addressed in the municipal code, it is considered prohibited; however, for public clarification, the proposed ordinance adds a sentence stating that chain link fencing with or without slats is prohibited in the front yard setback within residential zoning districts. 12. Residential performance standards. Section 17.06.070(B� The proposed ordinance clarifies that additions or accessory structures "shall," not "should," be designed in a manner that is compatible and integrated with the existing structures and avoid the appearance of being simply tacked on by the owner. 13. Commercial/Office/Industrial districts use regulations. Section 17.08.030 The proposed ordinance corrects a text error in first sentence of the introductory paragraph to the Schedule of Permitted Uses Commercial/Office/Industrial Districts land use table (Table 17.08.030) to change the reference from "residential" to "commercial." 14. Supplemental development standards. Modular buildings and structures. Section 17.10.020 As discussed under item 7, temporary facility and construction offices are temporary uses in all zones except the Open Space and Conservation Zone, therefore, it is more appropriate to permit them under the provisions for major temporary use permits than as an accessory structure to a permanent building. The proposed ordinance deletes the use from this section, but moves it to Section 17.04.020(B)(1). 15. Off-street parking and loading. Parking, spaces required. Section 17.24.040 The proposed ordinance amends Table 17.24.040 by clarifying the guest parking requirements for multiple -family residential of thirteen or more units. The proposed amendment requires a minimum of four guest parking spaces for all multi -family residential with thirteen or more units, plus one guest space for every six units thereafter. 16. Off-street parking and loading. Parkin facility acility lqXout and dimensions. Lighting. Section 17.24.050(F) The proposed ordinance adds language to clarify that the requirement for one footcandle of illumination throughout the parking area includes "all drive aisles and pedestrian paths of travel." 17. Definitions of terms. Section 17.34.010. The proposed ordinance deletes the definition of Caretaker's Residence because it is the same as an Accessory Dwelling Unit, amends the definition for Large Family Day Care Home to be consistent with State definitions, and amends the definition for Guest Houses to further differentiate from an Accessory Dwelling Unit. The Planning Commission reviewed the proposed amendments to Title 17 and adopted Resolution No. 19-11 recommending that the City Council approve the proposed amendments. FISCAL IMPACT: None ATTACHMENTS: 1. Ordinance 2. Planning Commission Staff Report 3. Planning Commission Resolution No. 19-11 ORDINANCE NO. 19- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 1, 8, 10, 15, 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO ADD DEFINITIONS, MAKE MINOR POLICY CLARIFICATIONS AND MAKE MINOR TYPOGRAPHICAL EDITS AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3)• THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make minor revisions and clarifications to portions of Title 1 (General Provisions), Title 8 (Health and Safety), Title 10 (Vehicles and Traffic), Title 15 (Building and Construction), Title 16 (Subdivisions), and Title 17 (Zoning) of the Temecula Municipal Code. B. The Planning Commission considered the proposed amendments to Title 17 Zoning of the Temecula Municipal Code ("Ordinance") on March 20, 2019, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 19-11, recommending that the City Council approve the Title 17 amendments. D. The City Council, at a regular meeting, considered the Ordinance on , 2019, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: 1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. The proposed amendments to Title 17 of the Temecula Municipal Code do not proposed any land use that is inconsistent with the Temecula General Plan. The proposed guest parking for multi -family residential developments of 13 or more units is consistent with establishing parking standards for the established residential land use designations of the General Plan. All other proposed amendments are minor clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan. 2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed parking standards for multi -family residential developments are consistent with Goal 7 of the Circulation Element of the Temecula General Plan, which is to ensure "an adequate supply of private and public parking to meet the needs of residents and visitors to the City." The proposed guest parking for multi -family residential developments of 13 or more units, provides the standards needed to ensure adequate parking is available to residents and visitors to the City by establishing the parking standards based on the number of bedrooms per unit for multi -family development projects. The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and typographical edits and do not result in an contrary policy direction, or indicate an inconsistency between the Temecula Municipal Code and the adopted General Plan. 3. The proposed use is to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The proposed parking standards for multi -family residential developments will ensure adequate parking is available to residents and visitors to the City when future multi -family development proposals are reviewed by City staff through the entitlement process, thus maintaining the supply of adequate parking residents and visitors. The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and typographical edits and do not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections, which do not result in a significant increase in the intensity or density of any land use above what is currently 2 allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 4. Subsection "C" of Section 1.21.050 (Procedure for serving administrative citation.) of Chapter 1.21 (Administrative Penalties - Citations) of Title 1 (General Provisions) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "C. The enforcement official shall attempt to obtain on the administrative citation the signature of the responsible person, or in cases in which the responsible person is a corporation or business, the signature of the person served with the administrative citation. If a responsible person or person served refuses or fa#sfails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings." Section 5. Section 8.36.20 (Definitions) and Subsection "B" of Section 8.36.030 (Prohibition of smoking in public places, places of employment and other areas) of Chapter 8.36 (Smoking in Public Places) of Title 8 (Health and Safety) of the Temecula Municipal Code is hereby amended by replacing the definition of "smoking" or "to smoke" and adding location where smoking is prohibited to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): IM ..- - - -- ... ._ - -. .. .._ .. ._ .. OW "Smokina" or "to smoke" means inhalina. exhalina. burnina. or carrvina anv liahted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" or "to smoke" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking." "B. Unenclosed Places. Smoking is prohibited in the following unenclosed places except in places listed in subsection C of this section, and except in such places in which smoking is already prohibited by state or federal law in which case the state or federal law applies: 3 Places of employment; 2. Service areas; 3. Dining areas; 4. Parks, playgrounds, and recreational areas; 5. The grounds of any public or private elementary or secondary school and includes the possession of tobacco, nicotine, vapes, and smoking paraphernalia. This subsection does not prohibit the possession of smoking cessation products. 66. Ticket, boarding and waiting areas of transit depots; 67. Public plazas; and 7-8. The sites of public events including, for example, sports events, entertainment, artistic or speaking performances, ceremonies, pageants, and fairs, provided however that this prohibition shall not prevent the establishment of a separate, designated smoking area set apart from and no larger than the primary event area." Section 6. Section 10.16.050 (Parking for certain purposes prohibited.) of Chapter 10.16 (Stopping, Standing, and Parking) of Title 10 (Vehicles and Traffic) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "No person shall park a vehicle upon any roadway for the principal purpose of washina. waxina. wixna. areasina or reaairina such vehicle. exceot reaairs necessitated by an emergency. A. Displaying S inhyehinlo for s lo• B. `gin i n n � e a v i n n' n ii r� i n ry ivT� o c- --o�Te ai g sip C�-i� C��e�Cce f3�e FPS neGeSS1tated by an omorrror�ni °0 "h � `" I I " Section 7. Subsection "A.2." of Section 15.06.050 (Fee reduction.) of Chapter 15.06 (Public Facilities Development Impact Fee) of Title 15 (Buildings and Construction) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "A.2. Any developer whose development is subject to the public facilities development impact fee required by this chapter, including a developer who, in connection with the development, has constructed or financed regional or regionally significant public facilities substantially similar to those facilities that are listed or otherwise identified in the city's capital improvement plan, either through participation in a special district (e.g., a community facilities district or a special assessment district) or as a result of conditions of approval for the development, may apply to the director of community development for a reduction in that fee. The application shall be made in writing and fry filed with the director of community development no later than ninety days after the effective date of this section (the effective date of this section when originally enacted by Ordinance No. 97-09 was June 26, 1997), or ninety days after the city issues a building permit for the development, whichever is later. The application shall state in detail the 9 factual basis for the request for reduction. The city shall consider entering into an agreement, or modifying an existing agreement, with any developer applying for a reduction pursuant to this subsection (A)(2)." Section 8. Subsection "C" of Section 16.36.080 (Processing procedures.) of Chapter 16.36 (Lot Line Adjustment) of Title 16 (Subdivisions) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "C. Pursuant to the Subdivision Map Act Guidelines, the Taae applicant shall provide the City with new grant deeds which reflect the approved lot line adjustment. City shall record new grant deeds and provide copies to the applicant." Section 9. Subsection "H" of Section 17.04.010 (Variances) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "H. Time extension. Notwithstanding the foregoing, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year extensions of time in which to use the plot p conditional use permit." Section 10. Subsection "B" of Section 17.04.020 (Temporary use permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text): "B. Permitted uses. Temporary uses are divided into three general categories: major, minor and master. Major temporary uses have a potential to create health and safety problems, can occur on undeveloped property, could create traffic problems and/or could potentially disrupt community life. Minor temporary uses occur on developed private property, generally commercial, for very short time periods. These temporary uses produce little noise, and have no impacts to adjacent properties or to traffic and public safety. Master temporary uses are similar, in effect, to minor temporary uses; however, they commonly occur for longer time periods. 1. Major temporary uses. The following major temporary uses may be permitted, subject to the issuance of a temporary use permit. a. Real estate offices and model homes within approved development projects; b. Temporary construction offices in all zones, except the Open Space and Conservation Zone. c. On- and off -site contractors' construction yards in conjunction with an approved active development project; 5 d. Trailers, coaches or mobilehomes as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to one hundred eighty days, or upon expiration of the building permit, whichever first occurs; e. Christmas tree sales lots, however, a permit shall not be required when such sale is in conjunction with a business operating from a permanent building on a developed commercial site, holding a valid business license, provided such activity shall be only held from November 1st through December 31 st; f. Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities; g. Pumpkin sales lots; h. Seasonal sale of agricultural products; i. Outdoor temporary swap meets or auctions, limited to two events per calendar year, not exceeding four consecutive days." Section 11. Subsection "D" of Section 17.04.020 (Temporary use permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text): "D. Findings. The director of planning may approve, or conditionally approve a temporary use permit application, only when the following findings can be made: 1. The proposed temporary use is compatible with the nature, character and use of the surrounding area. 2. The temporary use will not adversely affect the adjacent uses, buildings or structures. 3. The nature of the proposed use is not detrimental to the health, safety, or welfare of the community." Section 12. Section 17.05.030 (Modifications to an approved development plan.) of Chapter 17.05 (Development Plans) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "A. Purpose and Intent. The purpose of this section is to establish the requirements and procedures to allow for the administratimodification of an unexpired or vested development plan or conditional use permit. For the purposes of this section, the following changes are not eligible for consideration as an administrative modification: A a change in the type of building (commercial, office, industrial), a substantial intensification of the project or type of use, or substantial changes to the project layout or access. Proposed project changes that are not eligible for a modification under this section will require resubmittal of a new application. B. Types of Modifications. Modifications to approved development plans are divided into two categories: major and minor. If a proposed modification includes both major and minor modifications, the application shall be considered a major modification. The final decision as to whether a modification is major or minor shall be at the sole discretion of the dire„tOF of planning director of community development. 1. Major modifications to approved development plans include the following types of project changes: a. Increasing the height of the building by more than ten feet or one-story; b. An increase of more than ten percent of the building footprint; c. A substantial change in the architecture of the building or substantial changes to the exterior elevations including, but not limited to, the locations of windows or doors; d. A modification in the approved access to the project site; e. The shift of building location that effects the layout and location of the required parking, site access, or substantially changes the conceptual landscape plan; f. A change in the number of primary structures; g. Changes to a conditional use permit that requires the physical modification of the site. 2. Minor modifications to approved development plans include the following types of project changes: a. An increase of less than ten percent of the building footprint; b. A change in the layout of the parking or loading area; c. The relocation of windows or doors on one or two wall surfaces; d. An adjustment in the location of buildings provided the general location of each building is similar to the approved development plan; 7 e. Changes to a conditional use permit that does not require the physical modification of the site. 3. Modifications to approved development plans that are subject to the administrative development plan process include the following: a. Changes to the approved landscaping plant palette; b. Changes in exterior colors or materials. C. Application Requirements. Applications for modifying development plans shall be completed in accordance with Section 17.03.030 of this development code. D. Procedure for Approval. Minor modifications may be approved administratively and never require a specific notice or consideration at a public hearing. The approval of major modifications requires consideration by the original approval body. Major modifications which were approved at a director hearing may be approved administratively by the rdireGter of nlanninrr director of community development, providing the revised project could have been approved initially by the di�^vf plaRRORg director of community development. The direGter of nlonninn director of community development may refer any modifications or changes in building design to the planning commission for consideration. Construction plans that do not adhere to the exact details of an approved development plan shall not be administratively approved without filing an application for a major or minor modification, whichever is applicable. However, if the dia�0 plaRRORg director of community development determines that changes to an approved development plan are insignificant and they are not specifically cited in subsections (B)(2) and (13)(3) of this section, then an application for a minor modification may not be necessary. E. Findings. Approving modifications to an approved development plan shall require the same findings as were made on the original approval. F. Expiration of Approval of a Modification to a Development Plan. Within three years of approval of a modification to a development plan, commencement of construction shall have occurred or the approval shall become null and void. G. Time Extension. The director of community development may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to five one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, the director of community development shall ensure that conditions of the approval comply with all current development code provisions. 51 1. For any time extension that extends an approval that was originally approved at a public hearing, notice of the director of community development's decision to administratively approve a time extension shall be posted at the site and mailed at least ten days prior to its approval to the applicant and its representative (as shown on the application); to the property owner (as shown on the latest available equalized assessment roll of the county of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the county of Riverside as owners of property within a distance of six hundred feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty Property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the director of community development's judgment, be affected by the establishment of the use or zone requested. Notice shall also be sent to public departments, bureaus, or agencies which are determined by the director of community development to be affected by the application. 2. A request for an extension of time beyond the fifth approval of an extension of time may be granted b try council at a public hearing. 3. A modification made to an approved development plan does not affect the original approval date of a development plan. H. Revocations. Approval of a modification to a development plan may be revoked or modified by the director of planning in accordance with Section 17.03.060 17.03.080." Section 13. Table 17.06.050A (Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts) of Section 17.06.050(D) (Accessory Structures and Uses.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.06.050A remaining unchanged: Table 17.06.050A Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts Accessory Structure Front Yard Rear Yard Interior Side Yard' Accessory dwelling Not permitted in the Refer to the rear yard Refer to the side yard unit actual front yard setbacks in Table setbacks in Table unless it complies 17.06.0406 17.06.0406 with Section 17.06.050 L 11 4 6 Detached guest Not permitted in the Refer to the rear yard Refer to the side yard house'- actual front yard' setbacks in Table setbacks in Table 17.06.040 17.06.040 4. Accessory Dwelling Unit in the L-1, VL, RR and HR zoning districts may be located in the actual front yard and shall be subject to the front yard setback requirements in Table 17.06.040, the residential performance standards as outlined in Section 17.06.070, and the special use standards as outlined in Section 17.06.050(L). 7. Only one detached guest house shall be permitted on any one lot with a single family dwelling. Section 14. Subsection "J.1." of Section 17.06.050 (Special use standards and regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended as follows (additions appearing in underlined text): 19J.1. Solid fences, hedges and walls within the front setback shall have a maximum height of three feet in order to maintain safe visibility for pedestrians and egress and ingress of vehicular traffic. A combination of solid and open fences not exceeding six feet in height may be located in a required front yard, corner, side yard, or visibility clearance area, provided such fences are constructed with at least ninety percent of the top three feet of their vertical surface open, and non -view obscuring. Chain link fencing with or without slats is prohibited." Section 15. Subsection "L" of Section 17.06.050 (Special use standards and regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a new number "12" to read as follows: "12. Compliance with Building Code. Accessory dwelling units shall comply with local buildina code reauirements that aaDly to detached dwellinas." Section 16. Subsection "B" of Section 17.06.070 (Residential performance standards.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): T. Additions and Remodeling and New Construction of Accessory Structures. Additions, renovations and new accessory structures should be designed to provide variety and interest while creating an overall unified image. Building facades should be designed with consideration of appropriate materials, complementary colors, and by using materials with textures and depth of materials such as brick or stone. The additions or accessory structures should shall be designed in a manner that is integrated with the existing structures and avoid the appearance of being simply tacked on by the owner. This can be accomplished by: 1. Using similar roof pitches and types; 2. Using complementary or consistent materials and colors; 10 3. Designing additions as an integral part of the building; 4. Maintaining appropriate proportions of the existing building design; and 5. Maintaining a balance between the proportions of the existing building in terms of building mass and scale. Avoiding placing architectural elements that are visually more massive or heavier above elements that are visually lighter or less massive." Section 17. Section 17.08.030 (Use regulations.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.08.030 remaining unchanged: "The land uses list in the following Table 17.08.030 shall be permitted in one or more of the commercial zoning districts as indicated in the columns corresponding to each resodentma4 commercial district. Where indicated with a letter "P," the use shall be a permitted use. Where indicated with a "-," the use is prohibited within the zone. A letter "C" indicates the use shall be conditionally permitted subject to the approval of a conditional use permit." Section 18. Subsection "I" of Section 17.10.020 (Supplement development standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text): Modular Buildings and Structures. Modular buildings may be allowed in some circumstances as described in this section if they comply with the following requirements: 1. Accessory Structure. Modular buildings may be approved as accessory structures to a larger permanent building. The accessory buildings or structures shall be smaller in size than the main permanent building. Accessory structures can be allowed, subject to the approval of a development plan, for the following uses or activities: a. Religious institutions in all zones, except the open space and conservation zone. b. Industrial uses in the business park, light industrial, and service commercial zones. Section 19. Table 17.24.040 (Parking Spaces Required) in Section 17.24.040 (Parking requirements.) of Chapter 17.24 (Off -Street Parking and Loading) of Title 17 11 (Zoning) of the Temecula Municipal Code is hereby amended as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.24.040 remaining unchanged: Table 17.24.040 Parking Spaces Required Description of Use Required Number of Spaces Residential Uses Multiple -family residential-13 or more units 1 covered parking space plus 1 uncovered parking space for 2 bedroom units. In addition, 1 quest space for every 6 units. 1 covered parking space plus 1 uncovered parking space for 2 bedroom units. In addition, 1 quest space for every 6 units. 2 covered parking spaces and 0.5 uncovered parking space for three bedroom (or more) units. In addition, 1 quest space for every 6 units. IR addition,'1 crane fer eVeFY 6 U (nits guest o minimi im snores with of 4 guest A minimum of 4 guest spaces is required for all multi -family residential with 13 or more units. Section 20. Subsection "F" of Section 17.24.050 (Parking facility layout and dimensions) of Chapter 17.24 (Off -Street Parking and Loading) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text)- "F. Lighting. Lighting of outdoor parking areas shall be designed and maintained in a manner to prevent glare or direct illumination from intruding into any adjacent residential zone. A minimum of one footcandle of illumination shall be provided throughout the parking area, including all drive aisles and pedestrian paths of travel. Light standards shall conform to design specifications as determined by the director of public works. Lighting shall be consistent with the requirements established by Riverside County to reduce impacts upon the Mount Palomar Observatory Section 21. Section 17.34.010 (Definition and illustration of terms.) of Chapter 17.34 (Definition of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the definition of "caretaker's residence", and to amend the definitions of "large family day care home" and guest house" as follows (deletions shown in strikethrough text, additions shown in underline), with all other provisions of Section 17.34.010 remaining unchanged: 12 "Large family day care home" means a home which provides family day care to seven to fourteentwelve children, including children under the age of ten years who reside in the home, as defined in Chapter 3.4, Division 2 of the California Health and Safety Code, and up to fourteen children under specified conditions as provided in Section 1597.465 of the California Health and Safetv Code. "Guest house" means an additional structure to a primary residence on a parcel zoned for single-family residential, designed to provide accommodations for visitors, attached or detached, utilized as aR innideRtal use to the primary rocideRGo but shall not be utilized as self GGRtaiRec IiViRg quarters or a seGORdary dwelling en++ (fe y dwelling , i 444 an accessory dwelling unit, and shall not contain provisions for the preparation of food, cooking, facilities or wet bar, wh,TGh require e tsideyeRtiRg per A guest house shall not exceed one thousand two hundred square feet in area and shall contain a bathroom with a toilet, sink, and a bathtub and/or shower if it is over eight hundred square feet." Section 22. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 23. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 24. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula the _day of , 2019. ATTEST: 13 Michael S. Naggar, Mayor Randi Johl City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 19- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , 2019, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2019, by the following vote: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: 14 Randi Johl City Clerk STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: March 20, 2019 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Dale West, Associate Planner II APPLICANT NAME: City of Temecula PROJECT SUMMARY: Long Range Planning Application Number LR18-0861, an amendment to the Temecula Municipal Code amending Titles 1, 8, 10, 15, 16, and 17 to add definitions, make minor policy clarifications and make minor typographical corrections. CEQA: In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be exempt from further environmental review as there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. RECOMMENDATION: Adopt a Resolution of the Planning Commission of the City of Temecula recommending that the City Council adopt an ordinance entitled "An Ordinance of the City Council of the City of Temecula amending Titles 1, 8, 10, 15, 16, and 17 of the Temecula Municipal Code to add definitions, make minor policy clarifications and make minor typographical edits and finding that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3)." BACKGROUND The City of Temecula City Council adopted the Municipal Code in January 1990. Since its adoption, the City Council has periodically made amendments to various sections of the Code to improve its clarity and to make necessary corrections. The proposed amendments to the Temecula Municipal Code include amendments to Titles 1, 8, 10, 15, 16, and 17. The proposed amendments are not substantial policy changes and do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Municipal Code. Pursuant to Government Code Section 65800, the Planning Commission is required to review and make recommendations to the City Council regarding zoning regulations and amendments to Title 17 (Development Code) of the Temecula Municipal Code. As such, this staff report only addresses proposed amendments to Title 17 of the Temecula Municipal Code. The remaining proposed amendments to Titles 1, 8, 10, 15 and 16 will be considered by the City Council. The proposed amendments to the other titles of the Temecula Municipal Code are included in the attached draft Ordinance, but are not reflected in this staff report. Listed briefly below are the proposed changes to Title 17 of the Municipal Code, each of which is discussed in greater detail below. Time extension for conditional use permits. Section 17.04.010(H) - Corrects text that references "plot plan" instead of "conditional use permit' under CUP Extension of Time. 2. Temporary use permits for major temporary uses. Section 17.04.020(B)(1) - Adds "temporary construction offices" as a major temporary use that may be permitted in all zones except for Open Space and Conservation, subject to issuance of a temporary use permit. Also related to number 16 in this list. 3. Findings for temporary use permits.. Section 17.04.020(D)(3) - Corrects text by adding the word "is" and making the sentence grammatically correct. 4. Time extensions for modifications to an approved development plan. Section 17.05.030(F) - Clarifies time extensions for modifications to approved development plans. 5. Revocations for modifications to an approved development plan. Section 17.05.030(G) - Corrects an internal reference to indicate that the revocation of an approved development plan will be in accordance with the procedures for revocations and modifications. 6. Accessory structures and uses in residential districts. Section 17.06.050 (D) - Amends the notes section in the table establishing setbacks for accessory structures to clarify that only one detached guest house is permitted on a lot and to update the name of "second dwelling unit' to "accessory dwelling unit' to correspond with State terminology. 7. Fences in residential districts. Section 17.06.050(J)(1) - Clarifies that chain link fencing is prohibited on residentially zoned property. 8. Special use standards. Section 17.06.050 — Clarifies that accessory dwelling units are subject to compliance with the Building Code. 9. Residential performance standards. Section 17.06.070(B) - Clarifies that additions or accessory structures "shall", not "should", be designed in a manner that is integrated with the existing structures. 10. Commercial/Office/Industrial districts use regulations. Section 17.08.030 -Corrects text that references the commercial districts allowable uses table from "residential" to "commercial." 11. Modular buildings and structures. Section 17.10.020 - Deletes the reference to temporary facilities and construction offices under supplemental development standards because the use was relocated to temporary use permits. Also related to number 7 in this list. 12. Guest parking for multi -family residences. Section 17.24.040 -Amends the off-street parking requirements for multiple -family residential uses of 13 or more uses to add or clarify the number of required guest parking spaces. 13. Lighting requirements for parking lots. Section 17.24.050(F) - Clarifies that required illumination in parking areas includes all drive aisles and pedestrian paths of travel. 14. Definitions of terms. Section 17.34.010 — Amends definition for Large Family Day Care Home, amends definition for Guest Houses, adds definition for California Room, and deletes definition of Caretaker's Residence. ANALYSIS Outlined below is the explanation for the proposed amendments. 1. Conditional use permits. Time extension. Section 17.04.010(H) The proposed ordinance corrects a text error. The section currently indicates the extension of time application for an existing conditional use permit applies to a "plot plot". The amendment replaces the text "plot plan" with "conditional use permit." 2. Temporary use permits. Major temporary uses. Section 17.04.020(B)(1) The proposed ordinance establishes temporary construction offices as a major temporary use subject to issuance of a temporary use permit in all zones except the Open Space and Conservation Zone. Refer to item 16 in this list for the associated amendment that deletes temporary facilities and construction offices as an accessory structure to a main permanent building because the use is not permanent, therefore, more appropriately permitted as a temporary use. 3. Temporary Use Permits. Findings. Section 17.04.020(D)(3) There is a grammatical error in subsection 3, which is one of the findings that must be made to approve a temporary use permit. The proposed ordinance adds the word "is" to the following sentence: The nature of the proposed use is not detrimental to the health, safety, or welfare of the community. 4. Modifications to an approved development plan. Time extensions. Section 17.05.030(F) The proposed ordinance establishes provisions for the Director of Community Development to grant a time extension for a modification to an approved development plan by adding subsection F to section 17.05.030. A one-year extension may be granted subject to notification requirements and compliance with development code provisions. Up to five extensions may be granted. Projects of special significance or impact may be referred to the Planning Commission. Requests for extensions beyond the fifth approval will be considered by the City Council. 5. Modifications to an approved development plan. Revocations. Section 17.05.030(G) There are two proposed changes to this section. First, the section was formerly section F. With the addition of the time extension subsection (refer to item 9), it has been renumbered G. Second, the reference to the procedures for the revocation or modification of a development plan modification has been updated to correctly reference section 17.03.080. 6. Residential districts special use standards and regulations. Accessory structures and uses. Section 17.06.050(D). The proposed ordinance makes two changes to the notes in Table 17.06.050A regarding setback requirements for accessory structures. First, it amends note 4 to change the name of "second dwelling unit" to "accessory dwelling unit" to correspond with the referenced use name. Second, it adds note 7 clarifying that only one detached guest house shall be permitted on any one lot with a single family dwelling. 7. Residential districts special use standards and regulations. Fences, Hedges, Walls. Section 17.06.050(J)(1) This section establishes regulations for fences, hedges, and walls in residential districts, but currently does not mention chain link fencing. When a use or a regulation is not addressed in the municipal code, it is considered prohibited; however, for public clarification, the proposed ordinance adds a sentence stating that chain link fencing with or without slats is prohibited in residential districts. 8. Residential districts special use standards and regulations. Accessory Dwelling Units. Section 17.06.050(L) The proposed ordinance adds to the list of standards, that detached accessory dwelling units are subject to compliance with the City's Building Code. 9. Residential performance standards. Section 17.06.070(B) The proposed ordinance clarifies that additions or accessory structures "shall", not "should", be designed in a manner that is integrated with the existing structures and avoid the appearance of being simply tacked on by the owner. 10. Commercial/Office/Industrial districts use regulations. Section 17.08.030 The proposed ordinance corrects a text error in first sentence of the introductory paragraph to the Schedule of Permitted Uses Commercial/Office/Industrial Districts land use table (Table 17.08.030) to change the reference from "residential" to "commercial." 11. Supplemental development standards. Modular buildings and structures. Section 17.10.020 As discussed under number 7, temporary facility and construction offices in all zones except the open space and conservation zone, are temporary uses, therefore, it is more appropriate to permit them under the provisions for major temporary use permits than as an accessory structure to a permanent building. The proposed ordinance deletes the use from this section. 12. Off-street parking and loading. Parking spaces required. Section 17.24.040 The proposed ordinance amends the guest parking requirements in Table 17.24.040 for multiple -family residential - 13 or more units. The proposed amendment clarifies the guest parking requirements by unit type and that a minimum of four guest spaces are required for all multi -family residential with 13 or more units. 13. Off-street parking and loading. Parking facility layout and dimensions. Lighting. Section 17.24.050(F) The proposed ordinance adds language to clarify a minimum requirement of one footcandle of illumination throughout the parking area includes "all drive aisles and pedestrian paths of travel." 14. Definitions of terms. Section 17.34.010. The proposed ordinance deletes definition of Caretaker's residence, amends definition for Large Family Day Care Home to be consistent with State definitions, amends definition for Guest Houses to further differentiate from an Accessory Dwelling Unit, and adds definition for California Room. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the San Diego Union Tribune on March 7, 2019. ATTACHMENTS 1. Planning Commission Resolution 2. Exhibit A —Draft City Council Ordinance 3. Notice of Public Hearing PLANNING COMMISSION RESOLUTION PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 1, 8, 10, 15, 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO ADD DEFINITIONS, MAKE MINOR POLICY CLARIFICATIONS AND MAKE MINOR TYPOGRAPHICAL EDITS AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (113)(3)." Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to amend portions of Title 17 Zoning of the Temecula Municipal Code to make minor revisions and clarifications to the Temecula Municipal Code (Planning Application No. LR18-0861). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 17 Zoning of the Temecula Municipal Code on March 20, 2019, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. D. The Ordinance is consistent with the City of Temecula General Plan, and each element thereof. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit "A". F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Compliance. In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be exempt from further environmental review as there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 3. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR18-0861, a proposed Citywide Ordinance as set forth on Exhibit "A", attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20t" day of March 2019. Gary Watts, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20t" day of March 2019, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT CITY COUNCIL ORDINANCE ORDINANCE NO. 19- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 1, 8, 10, 15, 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO ADD DEFINITIONS, MAKE MINOR POLICY CLARIFICATIONS AND MAKE MINOR TYPOGRAPHICAL EDITS AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3)• THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make minor revisions and clarifications to portions of Title 1 (General Provisions), Title 8 (Health and Safety), Title 10 (Vehicles and Traffic), Title 15 (Building and Construction), Title 16 (Subdivisions), and Title 17 (Zoning) of the Temecula Municipal Code. B. The Planning Commission considered the proposed amendments to Title 17 Zoning of the Temecula Municipal Code ("Ordinance") on March 20, 2019, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 19-_, recommending that the City Council approve the Title 17 amendments. D. The City Council, at a regular meeting, considered the Ordinance on , 2019, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: 1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. The proposed amendments to Title 17 of the Temecula Municipal Code do not proposed any land use that is inconsistent with the Temecula General Plan. The proposed guest parking for multi -family residential developments of 13 or more units is consistent with establishing parking standards for the established residential land use designations of the General Plan. All other proposed amendments are minor clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan. 2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed parking standards for multi -family residential developments are consistent with Goal 7 of the Circulation Element of the Temecula General Plan, which is to ensure "an adequate supply of private and public parking to meet the needs of residents and visitors to the City." The proposed guest parking for multi -family residential developments of 13 or more units, provides the standards needed to ensure adequate parking is available to residents and visitors to the City by establishing the parking standards based on the number of bedrooms per unit for multi -family development projects. The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and typographical edits and do not result in an contrary policy direction, or indicate an inconsistency between the Temecula Municipal Code and the adopted General Plan. 3. The proposed use is to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The proposed parking standards for multi -family residential developments will ensure adequate parking is available to residents and visitors to the City when future multi -family development proposals are reviewed by City staff through the entitlement process, thus maintaining the supply of adequate parking residents and visitors. The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and typographical edits and do not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections, which do not result in a significant increase in the intensity or density of any land use above what is currently 2 allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 4. Subsection "C" of Section 1.21.050 (Procedure for serving administrative citation.) of Chapter 1.21 (Administrative Penalties - Citations) of Title 1 (General Provisions) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "C. The enforcement official shall attempt to obtain on the administrative citation the signature of the responsible person, or in cases in which the responsible person is a corporation or business, the signature of the person served with the administrative citation. If a responsible person or person served refuses or fa#sfails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings." Section 5. Section 8.36.20 (Definitions) and Subsection "B" of Section 8.36.030 (Prohibition of smoking in public places, places of employment and other areas) of Chapter 8.36 (Smoking in Public Places) of Title 8 (Health and Safety) of the Temecula Municipal Code is hereby amended by replacing the definition of "smoking" or "to smoke" and adding location where smoking is prohibited to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): IM Ili w" .1111ON .01 V _- _ .. ... ._ .. .. .._ .. ._ .. "Smokina" or "to smoke" means inhalina. exhalina. burnina. or carrvina anv liahted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" or "to smoke" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking." "B. Unenclosed Places. Smoking is prohibited in the following unenclosed places except in places listed in subsection C of this section, and except in such places in which smoking is already prohibited by state or federal law in which case the state or federal law applies: 3 Places of employment; 2. Service areas; 3. Dining areas; 4. Parks, playgrounds, and recr-eational areas; 5. The grounds of any public or private elementary or secondary school and includes the possession of tobacco, nicotine, vapes, and smoking paraphernalia. This subsection does not prohibit the possession of smoking cessation products. 66. Ticket, boarding and waiting areas of transit depots; 67. Public plazas; and 7-8. The sites of public events including, for example, sports events, entertainment, artistic or speaking performances, ceremonies, pageants, and fairs, provided however that this prohibition shall not prevent the establishment of a separate, designated smoking area set apart from and no larger than the primary event area." Section 6. Section 10.16.050 (Parking for certain purposes prohibited.) of Chapter 10.16 (Stopping, Standing, and Parking) of Title 10 (Vehicles and Traffic) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "No person shall park a vehicle upon any roadway for the principal purpose of washina. waxina. wixna. areasina or reaairina such vehicle. exceot reaairs necessitated by an emergency. A. Displaying S inhyehinlo for sale--, B. `gin i n n � e a v i n n' n ii n i n ry greasing --orTe ai g sip C�-i� C��e�Cce f3�e FPS nonoccitated by an omorrv--Y °0 "h � `" I I " Section 7. Subsection "A.2." of Section 15.06.050 (Fee reduction.) of Chapter 15.06 (Public Facilities Development Impact Fee) of Title 15 (Buildings and Construction) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "A.2. Any developer whose development is subject to the public facilities development impact fee required by this chapter, including a developer who, in connection with the development, has constructed or financed regional or regionally significant public facilities substantially similar to those facilities that are listed or otherwise identified in the city's capital improvement plan, either through participation in a special district (e.g., a community facilities district or a special assessment district) or as a result of conditions of approval for the development, may apply to the director of community development for a reduction in that fee. The application shall be made in writing and fry filed with the director of community development no later than ninety days after the effective date of this section (the effective date of this section when originally enacted by Ordinance No. 97-09 was June 26, 1997), or ninety days after the city issues a building permit for the development, whichever is later. The application shall state in detail the 9 factual basis for the request for reduction. The city shall consider entering into an agreement, or modifying an existing agreement, with any developer applying for a reduction pursuant to this subsection (A)(2)." Section 8. Subsection "C" of Section 16.36.080 (Processing procedures.) of Chapter 16.36 (Lot Line Adjustment) of Title 16 (Subdivisions) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "C. Pursuant to the Subdivision Map Act Guidelines, the Taae applicant shall provide the City with new grant deeds which reflect the approved lot line adjustment. City shall record new grant deeds and provide copies to the applicant." Section 9. Subsection H of Section 17.04.010 (Variances) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "H. Time extension. Notwithstanding the foregoing, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year extensions of time in which to use the plot p conditional use permit." Section 10. Subsection "B" of Section 17.04.020 (Temporary use permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text): "B. Permitted uses. Temporary uses are divided into three general categories: major, minor and master. Major temporary uses have a potential to create health and safety problems, can occur on undeveloped property, could create traffic problems and/or could potentially disrupt community life. Minor temporary uses occur on developed private property, generally commercial, for very short time periods. These temporary uses produce little noise, and have no impacts to adjacent properties or to traffic and public safety. Master temporary uses are similar, in effect, to minor temporary uses; however, they commonly occur for longer time periods. 1. Major temporary uses. The following major temporary uses may be permitted, subject to the issuance of a temporary use permit. a. Real estate offices and model homes within approved development projects; b. Temporary construction offices in all zones, except the Open Space and Conservation Zone. c. On- and off -site contractors' construction yards in conjunction with an approved active development project; 5 d. Trailers, coaches or mobilehomes as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to one hundred eighty days, or upon expiration of the building permit, whichever first occurs; e. Christmas tree sales lots, however, a permit shall not be required when such sale is in conjunction with a business operating from a permanent building on a developed commercial site, holding a valid business license, provided such activity shall be only held from November 1st through December 31 st; f. Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities; g. Pumpkin sales lots; h. Seasonal sale of agricultural products; i. Outdoor temporary swap meets or auctions, limited to two events per calendar year, not exceeding four consecutive days." Section 11. Subsection "D" of Section 17.04.020 (Temporary use permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text): "D. Findings. The director of planning may approve, or conditionally approve a temporary use permit application, only when the following findings can be made: 1. The proposed temporary use is compatible with the nature, character and use of the surrounding area. 2. The temporary use will not adversely affect the adjacent uses, buildings or structures. 3. The nature of the proposed use is not detrimental to the health, safety, or welfare of the community." Section 12. Subsection "F" (Revocations) of Section 17.05.030 (Modifications to an approved development plan.) of Chapter 17.05 (Development Plans) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "G. Revocations. Approval of a modification to a development plan may be revoked or modified by the director of planning in accordance with Section 47.03.060 17n,�nRn°, C. Section 13. Section 17.05.030 (Modification to an approved development plan.) of Chapter 17.05 (Development Plans) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a new subsection "G" to read as follows: "G. Time extensions. The Director of Community Development may, upon an application being filed prior to the expiration, grant a time extension of one year (up to five extensions may be granted). Upon granting the extension, the Director of Community Development shall ensure that the modification to an approved development plan complies with all Development Code provisions. 1. For any time extension that administratively extends an approval that was originally approved at a public hearing, notice of the Director of Community Development's decision to administratively approve a time extension shall be posted at the site and mailed at least ten days prior to its approval to the applicant and its representative (as shown on the application); to the property owner (as shown on the latest available equalized assessment roll of the County of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the County of Riverside as owners of property within a distance of six hundred feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the Director of Community Development's judgment, be affected by the establishment of the use or zone requested. Notice shall also be sent to public departments, bureaus, or agencies which are determined by the Director of Community Development to be affected by the application. 2. For matters that are considered to have special significance or impact, the Director of Community Development may refer such items to the Planning Commission for consideration at a noticed public hearing. 3. A request for an extension of time beyond the fifth approval of an extension of time may be granted by the City Council at a public hearing. 4. A modification made to an approved development plan does not affect the original approval date of a development plan." Section 14. Table 17.06.050A (Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts) of Section 17.06.050(D) (Accessory Structures and Uses.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.06.050A remaining unchanged: 7 Table 17.06.050A Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts Accessory Structure Front Yard Rear Yard Interior Side Yard' Accessory dwelling Not permitted in the Refer to the rear yard Refer to the side yard unit actual front yard setbacks in Table setbacks in Table unless it complies 17.06.0406 17.06.0406 with Section 17.06.050 L 11 4 6 Detached guest Not permitted in the Refer to the rear yard Refer to the side yard house'- actual front yard' setbacks in Table setbacks in Table 17.06.040 17.06.040 4 SeGGR' dweiliRg unit Accessory Dwelling Unit in the L-1, VL, RR and HR zoning districts may be located in the actual front yard and shall be subject to the front yard setback requirements in Table 17.06.040, the residential performance standards as outlined in Section 17.06.070, and the special use standards as outlined in Section 17.06.050(L). 7. Only one detached quest house shall be permitted on any one lot with a single family dwellin . Section 15. Subsection "J.1." of Section 17.06.050 (Special use standards and regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended as follows (additions appearing in underlined text): "J.1. Solid fences, hedges and walls within the front setback shall have a maximum height of three feet in order to maintain safe visibility for pedestrians and egress and ingress of vehicular traffic. A combination of solid and open fences not exceeding six feet in height may be located in a required front yard, corner, side yard, or visibility clearance area, provided such fences are constructed with at least ninety percent of the top three feet of their vertical surface open, and non -view obscuring. Chain link fencing with or without slats is prohibited." Section 16. Subsection "U of Section 17.06.050 (Special use standards and regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a new number 12" to read as follows: "12. Compliance with Buildina Code. Accessory dwellina units shall comDly with local building code requirements that apply to detached dwellings." Section 17. Subsection "B" of Section 17.06.070 (Residential performance standards.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): T. Additions and Remodeling and New Construction of Accessory Structures. Additions, renovations and new accessory structures should be designed to provide M. variety and interest while creating an overall unified image. Building facades should be designed with consideration of appropriate materials, complementary colors, and by using materials with textures and depth of materials such as brick or stone. The additions or accessory structures shouldshall be designed in a manner that is integrated with the existing structures and avoid the appearance of being simply tacked on by the owner. This can be accomplished by: 1. Using similar roof pitches and types; 2. Using complementary or consistent materials and colors; 3. Designing additions as an integral part of the building; 4. Maintaining appropriate proportions of the existing building design; and 5. Maintaining a balance between the proportions of the existing building in terms of building mass and scale. Avoiding placing architectural elements that are visually more massive or heavier above elements that are visually lighter or less massive." Section 18. Section 17.08.030 (Use regulations.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.08.030 remaining unchanged: "The land uses list in the following Table 17.08.030 shall be permitted in one or more of the commercial zoning districts as indicated in the columns corresponding to each resodentma4 commercial district. Where indicated with a letter "P," the use shall be a permitted use. Where indicated with a "-," the use is prohibited within the zone. A letter "C" indicates the use shall be conditionally permitted subject to the approval of a conditional use permit." Section 19. Subsection "I" of Section 17.10.020 (Supplement development standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text): Modular Buildings and Structures. Modular buildings may be allowed in some circumstances as described in this section if they comply with the following requirements: 1. Accessory Structure. Modular buildings may be approved as accessory structures to a larger permanent building. The accessory buildings or structures shall be smaller in size than the main permanent building. Accessory structures can be allowed, subject to the approval of a development plan, for the following uses or activities: N a. Religious institutions in all zones, except the open space and conservation zone. b. Industrial uses in the business park, light industrial, and service commercial zones. .s r Section 20. Table 17.24.040 (Parking Spaces Required) in Section 17.24.040 (Parking requirements.) of Chapter 17.24 (Off -Street Parking and Loading) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.24.040 remaining unchanged: Table 17.24.040 Parking Spaces Required Description of Use Required Number of Spaces Residential Uses Multiple -family residential-13 or more units 1 covered parking space plus 1 uncovered parking space for 2 bedroom units. In addition, 1 quest space for every 6 units. 1 covered parking space plus 1 uncovered parking space for 2 bedroom units. In addition, 1 quest space for every 6 units. 2 covered parking spaces and 0.5 uncovered parking space for three bedroom (or more) units. In addition, 1 quest space for every 6 units. In addition 1 f lmono for eVeF i 6 rn > guest units, > o minima of it manes with rn guest A minimum of 4 guest spaces is required for all multi -family residential with 13 or more units. Section 21. Subsection "F" of Section 17.24.050 (Parking facility layout and dimensions) of Chapter 17.24 (Off -Street Parking and Loading) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "F. Lighting. Lighting of outdoor parking areas shall be designed and maintained in a manner to prevent glare or direct illumination from intruding into any adjacent residential zone. A minimum of one footcandle of illumination shall be provided throughout the parking area, including all drive aisles and pedestrian paths of travel. Light standards shall conform to design specifications as determined by the director 10 of public works. Lighting shall be consistent with the requirements established by Riverside County to reduce impacts upon the Mount Palomar Observatory Section 22. Section 17.34.010 (Definition and illustration of terms.) of Chapter 17.34 (Definition of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the definitions of "caretaker's residence" and to add the definition of "California Room" in alphabetical order, and to amend the definitions of "large family day care home" and guest house" as follows (deletions shown in strikethrough text, additions shown in underline), with all other provisions of Section 17.34.010 remaining unchanged: California Room" means an attached outdoor living space, enclosed by three or more walks and a roof that includes indoor amenities such as cooking facilities and heating. A California Room shall be considered part of the living space and shall be subject to the same setbacks of the primary structure for rear and side yard setbacks. "Large family day care home" means a home which provides family day care to seven to fGUFteeRtwelve children, including children under the age of ten years who reside in the home, as defined in Chapter 3.4, Division 2 of the California Health and Safety Code, and up to fourteen children under specified conditions as provided in Section 1597.465 of the California Health and Safety Code. "Guest house" means an additional structure to a primary residence on a parcel zoned for single-family residential, designed to provide accommodations for visitors, attached or detached, utilized as an innideRtal use to the primary rocirdeRGe but shall not be utilized as self_rnntained living quarters or a seGendary dwelling unit (coo SeGendary dwelling „nit` an accessory dwelling unit, and shall not contain provisions for the preparation of food, cooking, facilities or wet bar, whTGh require outside Venting perthe A guest house shall not exceed one thousand two hundred square feet in area and shall contain a bathroom with a toilet, sink, and a bathtub and/or shower if it is over eight hundred square feet." Section 23. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 24. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. 11 Section 25. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula the _day of , 2019. Michael S. Naggar, Mayor ATTEST: Randi Johl City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 19- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , 2019, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: 12 Randi Johl City Clerk NOTICE OF PUBLIC HEARING CASE NO: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: LR18-0861 APPLICANT: City of Temecula PROPOSAL: An amendment to the Temecula Municipal Code amending twenty sections in six titles to add definitions, make minor policy clarifications and make minor typographical edits. RECOMMENDATION: Adopt a Resolution of the Planning Commission of the City of Temecula recommending that the City Council adopt an ordinance entitled "An Ordinance of the City Council of the City of Temecula amending Titles 1, 8, 10, 15, 16 and 17 of the Temecula Municipal Code to add definitions, make minor policy clarifications and make minor typographical edits and finding that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3)." ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be exempt from further environmental review as there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. CASE PLANNER: PLACE OF HEARING: DATE OF HEARING: Dale West, 951-693-3918 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers March 20, 2019 TIME OF HEARING: 6:00 p.m. The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — TemeculaCA.gov — and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400. PC RESOLUTION NO. 19-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 1, 8, 10, 15, 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO ADD DEFINITIONS, MAKE MINOR POLICY CLARIFICATIONS AND MAKE MINOR TYPOGRAPHICAL EDITS AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (113)(3)." Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to amend portions of Title 17 Zoning of the Temecula Municipal Code to make minor revisions and clarifications to the Temecula Municipal Code (Planning Application No. LR18-0861). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 17 Zoning of the Temecula Municipal Code on March 20, 2019, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. D. The Ordinance is consistent with the City of Temecula General Plan, and each element thereof. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit "A". F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Compliance. In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be exempt from further environmental review as there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 3. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR18-0861, a proposed Citywide Ordinance as set forth on Exhibit "A", attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20t" day of March 2019. Gary Watts, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19-11 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20t" day of March 2019, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Guerriero, Watts, Turley-Trejo NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 2 PLANNING COMMISSIONERS: Telesio, Youmans ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: April 9, 2019 SUBJECT: Adopt an Urgency Ordinance Amending the Temecula Municipal Code to Add a New Section Pertaining to Small Wireless Facilities Within the Public Right - Of -Way and a Resolution Establishing a Design Policy for Small Wireless Facilities PREPARED BY: Dale West, Associate Planner II RECOMMENDATION: That the City Council: 1. Adopt an urgency ordinance entitled: ORDINANCE NO. 19- AN URGENCY ORDINANCE AMENDING CHAPTER 17.40 OF THE CITY OF TEMECULA DEVELOPMENT CODE (TELECOMMUNICATIONS FACILITY AND ANTENNA ORDINANCE) TO ADD A NEW SECTION 17.40.260, SMALL CELL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 36934, 36937, AND 65858 DECLARING THE URGENCY THEREOF, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 2. Adopt a resolution entitled: RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A POLICY IMPLEMENTING DESIGN REQUIREMENTS FOR SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY SUMMARY OF ORDINANCE: An amendment to Chapter 17.40 of the Temecula Municipal Code adding a new section pertaining to small wireless facilities within the public right-of-way. BACKGROUND: On September 27, 2018, the Federal Communications Commission ("FCC") issued a Declaratory Ruling and Third Report ("FCC Ruling"), which became effective January 14, 2019. The purpose of the FCC Ruling was to simplify the proliferation of next generation small wireless site facilities required for the expansion of 5G networks by removing state and local government barriers. The issue for jurisdictions is that the small wireless technology that will support next generation wireless networks require many more small wireless sites in closer proximity to create a network. This is a departure from macro wireless sites that can cover a much larger area. The three key methods the FCC Ruling uses to accomplish its goal of increasing the deployment of next generation wireless networks are: • Allow only objective reasonable fees that local agencies are able to charge wireless carriers for placement of small wireless facilities in the public right-of-way; • Place a time limit on jurisdictions to consider and approve small wireless facilities applications; and • Limit non -fee regulations that impede new small wireless facility sites, including regulating aesthetics. The FCC Ruling reiterated Congress' intent to preempt state and local regulations that prohibit or have the effect of prohibiting telecommunications services, while acknowledging that Congress preserved state and local authority over the placement, construction, and modification of certain wireless facilities. Local jurisdiction regulations cannot discriminate among providers and, again, cannot prohibit or have the effect of prohibiting the provision of service. It is the City's intention to work closely with the carriers to develop solutions beneficial to all, while maintaining our local control of City right of way. Amendment to Chapter 17.40 Telecommunications Facility and Antenna Ordinance Because small wireless technology is relatively new, the City's existing wireless ordinance (Chapter 17.40) does not explicitly address small wireless facilities. Consequently, staff is recommending a new section to be added to Chapter 17.40 of the Temecula Municipal Code ("TMC") to recognize small wireless facilities and regulate those facilities by adopting a City Council Policy overseeing the permitting of these facilitates. The new Section (17.40.260) defines small wireless facilities and specifies that small wireless facilities shall comply with the Policy on Small Wireless Facilities in the public right-of-way. City Council Policy on Small Wireless Facilities Current language in the TMC, Section 5.12.160, gives the City broad authority to impose reasonable regulations on telecommunication facilities in addition to what is codified in the TMC, as long those conditions are consistent with federal and state law. In the same vein, existing permit requirements under Section 5.12.160 allow for reasonable placement, operation, and aesthetic restrictions on facilities within the right-of-way. With that in mind, staff has developed the attached City Council Policy for consideration. The intent is to comply with the FCC Ruling and have reasonable and objective aesthetic regulations in place in compliance with the FCC Ruling. At a later date, after staff has been able to fully research all the pertinent language in the TMC, staff will propose changes to the TMC that will support a streamlined application and permitting process. FISCAL IMPACT: None ATTACHMENTS: 1. Ordinance 2. Resolution 3. City Council Policy ORDINANCE NO. 19- AN URGENCY ORDINANCE AMENDING CHAPTER 17.40 OF THE CITY OF TEMECULA DEVELOPMENT CODE (TELECOMMUNICATIONS FACILITY AND ANTENNA ORDINANCE) TO ADD A NEW SECTION 17.40.260, SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF- WAY, ENACTED PURSUANT TO GOVERNMENT CODE SECTIONS 36934, 36937, AND 65858, DECLARING THE URGENCY THEREOF, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Purpose and Intent. Pursuant to Article XI, section 7 of the California Constitution and sections 36931 et seq. of the California Government Code, the City Council may make and enforce within its limits all local, police, and sanitary laws, and other ordinances and regulations not in conflict with general laws; A. Significant changes in federal and state law that affect local authority over wireless communications facilities ("WCFs") have occurred, including but not limited to the following: 1. On November 18, 2009, the Federal Communications Commission ("FCC") adopted a declaratory ruling (the "2009 Shot Clock"), which established presumptively reasonable timeframes for state and local governments to act on applications for WCFs; 2. On February 22, 2012, Congress adopted Section 6409(a) of the Middle Class Tax Relief and Job Creation Act ("Section 6409(a)"), which mandated that state and local governments approve certain modifications and collocations to existing WCFs; 3. On October 17, 2014, the FCC adopted a report and order that, among other things, implemented new limitations on how state and local governments review applications covered by Section 6409(a), established an automatic approval for such applications when the local reviewing authority fails to act within 60 days, and also further restricted generally applicable procedural rules under the 2009 Shot Clock. This report and order effectively preempted local moratoria on WCFs by finding that the 2009 Shot Clock continues to run even when a valid moratorium is adopted; 4. On October 9, 2015, California adopted Assembly Bill No. 57 (Quirk), which deemed approved any WCF applications when the local reviewing authority fails to act within the 2009 Shot Clock timeframes; 5. On August 2, 2018, the FCC adopted a declaratory ruling that formally prohibited express and de facto moratoria for all telecommunications services and facilities under 47 U.S.C. § 253(a) and directed the Wireline Competition Bureau and the Wireless Telecommunications Bureau to hear and resolve all complaints on an expedited basis; 6. On September 27, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order ("FCC Order") that, among other things, creates a new regulatory classification for small wireless facilities, requires State and local governments to process applications for small wireless facilities within 60 days or 90 days, establishes a national standard for an effective prohibition and provides that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition; and 7. The FCC Order establishes fee amounts that are deemed to be presumptively fair and reasonable recurring and non -recurring compensation to be paid by small wireless facility applicants and permittees with respect to small wireless facilities, including those attached to City infrastructure, located in the City rights -of -way. B. Given the rapid and significant changes in Federal and State laws pertaining to small wireless facilities, and the significant adverse consequences for noncompliance with Federal and State laws, the City Council desires to amend City of Temecula Development Code Chapter 17.40, to allow greater flexibility and responsiveness to new Federal and State laws in order to preserve the City's police powers to the maximum extent practicable (collectively, the "Amendments"). Section 2. Legislative Findings. On April 9, 2019, the City Council considered the adoption of this Urgency Ordinance at a duly noticed public meeting and on the basis of the record thereof makes the following findings in support of the immediate adoption and application of this Urgency Ordinance regulating land use within the City. A. The facts set forth in the recitals in this Urgency Ordinance are true and correct and incorporated by reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Urgency Ordinance. B. The Amendments are consistent with the General Plan, Temecula Municipal Code, and applicable federal and state law. 1. The City of Temecula's General Plan Community Design Policy 2.1 states, Establish and consistently apply design standards and guidelines for both residential and non- residential development. Community Design Policy 4.2 states, Establish a comprehensive streetscape program for the major streets in the City, including unified landscaping, lighting, paving patterns, and other public improvements. 2. The City of Temecula's Municipal Code section 17.01.030.(B). states, To promote the health, safety, welfare, and general prosperity with the aim of preserving a wholesome, serviceable and attractive community in accordance with the general plan for the city. C. The City Council finds that the public health need of the community is met by the immediate adoption of the Amendments since wireless communications facilities are aesthetically displeasing and out of harmony with the character of this community so as to constitute visual blight which reduces the quality of life within the community to the extent that the overall public health is detrimentally affected. Given the short time the City has to process applications for small wireless communication facilities, there is an immediate need to adopt procedures and policies for the processing of small cell wireless applications. Due to the foregoing circumstances, the City Council finds and determines that the immediate preservation of the public health, safety, and welfare requires that this Urgency Ordinance be enacted as an interim measure pursuant to Government Code sections 36934, 36937 and 65858, and that it take effect immediately upon adoption, and that its urgency is hereby declared. D. The City Council finds that, as a result of the regulations adopted by the Federal Communications Commission effective as of January 14, 2019, as more fully described in the Recitals to this Ordinance, some City regulations governing third party use of its public rights -of - way will be invalidated which will result in an absence of standards designed to protect the public. Therefore, unless this Urgency Ordinance is effective and its regulations are immediately put in place, the public health, safety and welfare will be at risk. Therefore the immediate preservation of the public health, safety and welfare requires that this Urgency Ordinance be enacted as an urgency ordinance pursuant to Government Code Section 36937(b) and take effect immediately upon adoption, and its urgency is hereby declared. Section 3. CEQA Finding. Pursuant to California Environmental Quality Act ("CE A") Guidelines § 15378 and California Public Resources Code § 21065, the City Council finds that this Urgency Ordinance is not a "project" because its adoption is not an activity that has the potential for a direct physical change or reasonably foreseeable indirect physical change in the environment. Accordingly, this Urgency Ordinance is not subject to CEQA. Even if this Urgency Ordinance qualified as a "project" subject to CEQA, the City Council finds that, pursuant to CEQA Guidelines § 15061(b)(3), there is no possibility that this project will have a significant impact on the physical environment. This Urgency Ordinance merely amends the Temecula Development Code to authorize the adoption of regulations related to small wireless facilities. This Urgency Ordinance does not directly or indirectly authorize or approve any actual changes in the physical environment. Applications for any new small wireless facilities or changes to an existing small wireless facility would be subject to additional environmental review on a case -by -case basis. Accordingly, the City Council finds that this Urgency Ordinance would be exempt from CEQA under the general rule. In addition, the City Council has determined that this Urgency Ordinance is categorically exempt pursuant to CEQA Guidelines § 15301 applicable to minor alterations of existing governmental and/or utility -owned structures. Section 4. Chapter 17.40 of Title 17 of the Development Code is hereby amended by adding a new Section 17.40.260, Small Wireless Facilities in the Public Right -of -Way, which reads as follows: "Small Wireless Facilities in the Public Right -of -Way. A. Notwithstanding any other provision of this chapter as provided herein, all small wireless facilities as defined by the Federal Communications Commission ("FCC") in 47 C.F.R. § 1.6002(1), as may be amended or superseded, must submit an application and obtain a permit as specified in the City Council Policy on Small Wireless Facilities in the Public Right -of -Way, which shall be adopted and may be amended by City Council Resolution. All small wireless facilities shall comply with the City Council Policy on Small Wireless Facilities in the Public Right -of -Way. A standard City encroachment permit may also be required as a condition of small wireless facility permit approval. B. Small wireless facilities shall pay the following fees, as applicable: 1. $500 for non -recurring fees, including a single up -front application fee that includes up to five small wireless facilities, with an additional $100 for each small wireless facility beyond five, or $1,000 for non -recurring fees for a new pole (i.e., not a collocation) intended to support one or more small wireless facilities; and 2. $270 per small wireless facility per year for all recurring fees, including any possible right-of-way access fee or fee for attachment to municipally -owned structures in the right-of-way. C. The establishment of the above -referenced fees does not in any way affect the right of the City to (1) adopt a resolution amending any of the fees adopted in subsection B above if the City finds that the fees are insufficient to compensate the City for its reasonable costs related to the permitting and administration of small wireless facilities; or (2) enter into an agreement with any wireless provider with respect to the deployment of small wireless facilities, which provides for the payment of fees that exceed the amounts established in subsection B above; or (3) adopt an entirely different fee structure, including a market - based fee structure, in the event that any FCC Order is invalidated or modified in any way with respect to fees related to small wireless facilities. D. In the event that any FCC Order regarding small wireless facilities is invalidated by a court of competent jurisdiction or repealed and not replaced, the other provisions in this Chapter shall control over the Policy on Small Wireless Facilities in the Public Right -of -Way." Section 5. Conflicts with Prior Ordinances. If the provisions in this Urgency Ordinance conflict in whole or in part with any other City regulation or ordinance adopted prior to the effective date of this section, the provisions in this Urgency Ordinance will control. No permit for small wireless facilities shall be issued unless they comply with the requirements set forth in Section 4 above. Section 6. Immediate Effect. This Urgency Ordinance is for the immediate preservation of the public peace, health, and safety within the meaning of Government Code sections 36934, 36937 and 65858, and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption, by a minimum four -fifths (4/5) vote of the City Council. Section 7. Publication and Posting. The City Clerk shall certify to the passage and adoption of this Urgency Ordinance and shall cause the same or a summary thereof, to be published and posted in the manner required by law. Section 8. Severability. Should any sections, subsections, sentence, clause, or phrase of the Chapter adopted by this Ordinance is for any reason held to be invalid or unconstitutional by the decision or legislation of any court of competent jurisdiction, or by reason of preemptive legislation, such decision or legislation shall not affect the validity of the remaining portions of the Chapter. The City Council declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses, or phrases thereof is declared invalid or unconstitutional. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of April, 2019. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 19- was duly adopted and passed as an urgency ordinance at a meeting of the City Council of the City of Temecula on the 9th day of April, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A POLICY IMPLEMENTING DESIGN REQUIREMENTS FOR SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to California Constitution and the laws of the State of California, the City of Temecula ("City") may make and enforce within its city limits all local, police, and sanitary laws and other ordinances, resolutions and other regulations not in conflict with general laws for the preservation of the public health, safety, and welfare. Section 2. Applicable federal and state laws and regulations reserved to cities authority over the placement, construction, and modification of personal wireless facilities, including reasonable aesthetic and design regulations. Section 3. The City currently regulates wireless communications facilities via both the California Building Code, including requiring, an encroachment permit for wireless utilities within the right-of-way and reserving the ability to regulate further, provided such regulations are consistent with federal and state law. Section 4. On September 27, 2018, the Federal Communications Commission ("FCC") adopted a Declaratory Ruling and Third Report and Order, FCC 18-133, setting forth limitations on local government regulation of small cell wireless facilities in an effort to facilitate and remove barriers for the expansion of 5G technology, effective January 14, 2019 (the "FCC Ruling"). Section 5. The FCC Ruling allows local agencies to charge wireless carriers objective reasonable fees for small wireless facilities; imposes time limits (a "shot clock") on processing small cell applications; and limits non -fee regulations that could impede new small cell sites including aesthetic regulations. Section 6. The FCC ruling requires that, in order to be considered and not preempted by federal law and regulations, any aesthetic regulations for processing of small wireless facilities be reasonable, non-discriminatory, and objective and published in advance. Section 7. Given the rapid and substantial changes in applicable law and regulations, the City Council finds that aesthetic and design regulations adopted through a policy that supplements Chapter 5.12 of the Temecula Municipal Code is a necessary and appropriate means to protect the public health, safety, and welfare — including the aesthetic character of the City, its neighborhoods, and community — from the potential harms caused by unregulated small wireless facilities and other infrastructure deployments, while balancing the benefits that flow from technological advancements such as advanced wireless services. Section 8. The Temecula City Council hereby adopts policies establishing design requirements for small wireless facilities in the public right-of-way (Attachment A). PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of April, 2019. Michael S. Naggar, 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. 19- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of April, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA Small Wireless Facilities in the Public Right -of -Way Aft Af The Heart of Southern California Wine Country Title: Small Wireless Facilities in the Public Right -of -Way Issued: Responsible Dept./Division: Community Development/Public Works Revised: Forms: Revised: Approval: Revised: PURPOSE To establish reasonable, uniform design guidelines for small wireless facilities located in the public rights of way, in recognition of and in compliance with applicable state and federal laws and regulations including, but not limited to, the Federal Communications Commission's (FCC) Declaratory Ruling and Third Report and Order, FCC 18-133. The standards and procedures contained in this Policy are intended to, and should be applied to, protect and promote public health, safety and welfare, balancing the benefits that result from technological advancements such as faster wireless networks with the City's local values including, but not limited to, aesthetic concerns and consistency and compatibility with the character of neighborhoods, an avoidance of clutter in the public right-of-way, and traffic and pedestrian safety. POLICY Wireless communication facilities (WCFs) have become ubiquitous features in urban settings as demand has increased for faster and more reliable cellular and data service. Wireless communication providers have simultaneously developed and deployed new technologies to meet growing consumer demand. The rapid advancement of technologies and facility innovations have required local agencies to adapt their regulatory approaches to maintain visual harmony while ensuring quality wireless service for residents, visitors, and emergency personnel. Like many California cities, Temecula will receive requests from wireless carriers interested in deploying the next generation of wireless networks, using "small wireless facilities" as defined by the FCC in 47 C.F.R. § 1.6002(1) and as it may be amended or superseded. Small wireless facilities equipment is commonly mounted on utility poles in public rights -of -way and consists of relatively small antenna and equipment boxes that may be placed on the pole and/or the ground beneath the pole, and associated electrical wiring and cables. This policy is not intended to, nor shall it be interpreted or applied to: Prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services. • Prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights -of -way management. Small Wireless Facilities in the Public Right-of-way (03/27/2019) Page 1 of 4 Unreasonably discriminate among providers of functionally equivalent services. • Deny any request for authorization to place, construct, or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions. • Prohibit any collocation or modification that the City may not deny under federal or California state law, including under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, • Impose any unfair, unreasonable, discriminatory, or anticompetitive fees or requirements that exceed the reasonable cost to provide the services for which the fee is charged or that exceed the burden or impact imposed by the facility installation. Otherwise authorize the City to preempt any applicable federal or California law. Applicability. Except as expressly provided otherwise in this Policy, the provisions in this Policy shall be applicable to all existing small wireless facilities (as defined in 47 CFR Subpart U, § 1.6002, as may be amended from time to time) and all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate or otherwise deploy small wireless facilities within the City's jurisdictional and territorial boundaries within the public rights -of -way. Notwithstanding the foregoing, all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 of the Spectrum Act will be reviewed consistent with the standards required by law. To the extent that other infrastructure deployments involve the same or substantially similar structures, apparatus, equipment, fixtures, equipment or improvements, the City official(s) responsible for reviewing and approving or denying requests for authorization in connection with such other infrastructure deployments shall apply the preferences and requirements in this Policy unless specifically prohibited by applicable law. Design Standards. To the extent technically feasible, all small wireless facilities shall be designed in accordance with the following standards: • Proposed installations must be the least intrusive possible with regard to appearance, size, and location. If installations are available (e.g., have been installed in other jurisdictions) that are less intrusive than those allowed by the City's telecommunications ordinance, applicants must use those installations unless the Public Works Director determines that those installations are not feasible. • All applications for installation shall include accurate global position system (GPS) coordinates in a degrees, minutes, and seconds format, as well as a pole ID, FCC ID, owner(s), carrier(s), • All equipment shall not cause interference with operation of City facilities, including signs, banners, etc. • Equipment shall be located within the antenna shroud and behind street signs located on the pole. Antenna shroud shall not interfere with the mast arm of streetlight. Small Wireless Facilities in the Public Right-of-way (03/27/2019) Page 2 of 4 • Equipment shall be located such that it in no way impedes, obstructs, or hinders the usual pedestrian or vehicular travel, affects public safety, obstructs the legal access to or use of the public right-of-way, violates applicable law, violates or conflicts with public right-of-way design standards, specifications, or design district requirements, violates the Federal Americans with Disabilities Act of 1990, or in any way creates a risk to public health, safety, or welfare. Devices shall not emit audible sounds beyond twenty decibels (dBA). • The City reserves the right to require steel or concrete poles finished to match existing light poles. Finish color of device/enclosure shall match streetlight unless otherwise approved. • The small cell designer shall choose poles that are located outside of driveways and intersection sight lines. Where feasible, poles shall be located near property corners or side property lines, and not directly in front of residences and businesses. Equipment shall be located entirely on the pole in a vertical arrangement. • Ground mounted equipment cabinets shall not be used, to the maximum extent possible. If utilized, ground mounted equipment must be placed in a location that does not obstruct pedestrian or vehicular traffic and in the least conspicuous location available within a reasonable distance from the pole. Ground mounted equipment should be installed within or immediately adjacent to an existing or replacement street feature including, without limitation, bus stop shelters, trash bins, benches, kiosks, advertisement panels or other street furniture to conceal the equipment. • All cables, wires and other connectors must be routed through conduits within a pole whenever possible, and all external conduits, conduit attachments, cables, wires, and other connectors must be concealed from public view to the extent feasible. • New facility installations shall not obstruct views from habitable living areas (such as bedrooms or living rooms) of residential units that directly face the antenna within 100 feet horizontal distance. • Flashing lights or large repetitive warning stickers shall not be installed. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator's site name or identification number and a toll -free number to the owner/operator's network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under existing and future FCC or other United States governmental agencies for compliance with radio frequency (RF) emissions regulations. RF notification signs shall be placed where appropriate, and not at pedestrian eye level, unless required by the FCC or other regulatory agencies. • Pole heights shall be minimized. The maximum height of any facilities mounted on an existing pole shall not exceed (i) the minimum separation from supply lines required by CPUC General Order 95 ("GO 95"), as may be amended or superseded, plus four feet or (ii) four feet above the height of the existing support structure. Legally required lightning arresters and beacons shall be included when calculating the height of facilities. • Wireless facility designers shall use Southern California Edison Smart Meters or flat -rate billing with no electric meter, if available. Small Wireless Facilities in the Public Right-of-way (03/27/2019) Page 3 of 4 Small wireless facilities shall not be located on decorative streetlights. Small wireless facilities shall not be located on traffic signal poles. • Small wireless facilities shall not be located on streetlights with existing Southern California Edison or other City electronic/communication devices. • The City is in the process of acquiring streetlights from Southern California Edison and will be developing standards for new poles consistent with the updated streetlights, to the extent a new pole is necessary. A maximum of two (2) carriers may co -locate small cell facilities on same pole. Small wireless facilities shall not damage existing trees. Fans shall not be utilized, to the maximum extent possible. • Devices and associated equipment must be UL listed and FCC certified or authorized for the intended use. • Wireless facilities and associated equipment shall not result in any obstruction or interfere with or detrimentally affect public safety including by, but not limited to, physically interfering with or impeding access to traffic control, streetlights, or related structures; access to public transportation or public safety vehicles; access to above -ground or underground infrastructure owned or operated by any public or private utility; access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building or other structure appurtenant to the right-of-way; access to any fire escape; access to any driveway or entryway to any private property that abuts the public right -of- way; or access to any fire hydrant or water valve. Small Wireless Facilities in the Public Right-of-way (03/27/2019) Page 4 of 4 Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Lisa McConnell, Chief of Police DATE: April 9, 2019 SUBJECT: Police Department Monthly Report (February) PREPARED BY: RECOMMENDATION: James Rayls, Lieutenant Receive and file. The following report reflects the activity of the Temecula Police Department for the month of February 2019. PATROL SERVICES Overall calls for police service 5,722 "Priority One" calls for service 64 Average response time for "Priority One" calls 5.62 VOLUNTEERS Volunteer administration hours 234 Special Events hours 32 Community Action Patrol (CAP) hours 323 Reserve officer hours (patrol) 44 Training/Meeting hours 56 Total Volunteer hours 815 CRIME PREVENTION Crime prevention workshops/Neighborhood watch meetings conducted 0/1 Safety presentations/Training 2/2 Special events 1/1 Residential/Business security surveys conducted 0/0 Businesses visited 7 Residences/Businesses visited for past crime follow-up 0/1 Station Tour 1 Planning Review Projects/Temp Outdoor Use Permits 2/6 Sq. Footage of Graffiti Removed 1294 TOWN STOREFRONT Total customers served 239 Sets of fingerprints taken 62 Police reports filed 38 Citations signed off 25 Total receipts $4,725 SPECIAL TEAMS (POP / HOT / SET) On sight felony arrests 28 On sight misdemeanor arrests 72 Felony arrest warrants served 12 Misdemeanor arrest warrants served 47 Follow-up investigations 8 Parole/Probation Searches 12 Pedestrian Checks 52 Traffic Stops/Vehicle Checks 68 Crime Free Housing Checks 43 TRAFFIC Citations issued for hazardous violations 371 Grant funded D.U.I. / Traffic safety checkpoints 0 Grant funded traffic click it or ticket 0 D.U.I. Arrests 28 Non -hazardous citations 354 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 85 Neighborhood Enforcement Team (N.E.T.) citations 0 Parking citations 43 School Zone 0 Seatbelts 2 Cell Phone Cites 150 Injury collisions 24 INVESTIGATIONS Beginning Caseload 236 Total Cases Assigned 35 Total Cases Closed 9 Search Warrants Served 6 Arrests 5 Out of Custody Filings 7 PROMENADE MALL TEAM Calls for service 238 Felony arrest/filings 5 Misdemeanor arrest/filings 37 Traffic Citations 8 Fingerprints/Livescans 244 Total receipts $8,844 SCHOOL RESOURCE OFFICERS Felony arrests Misdemeanor arrests Reports 10 Citations 30 Meetings/Presentations 108 REQUESTS TO SPEAK REQUEST TO SPEAK >- CITY OF TEMECULA 1989 1 \\9 Date: LJ I wish to peak on Public Comment Circle One: 'CITY COUNCIL SD / SARDA/THA/TPFA Subject: Wefif O` a &W cireA Agenda Item No. For Against 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 rec.ord. '/� l c,� n ) \ � �` ` Address: If you are representing an or a zationor l group, please give the name: itwv\. 1) aid -\\`` 6sun\-5 `11C\A-- Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA .. _ . , 1989 er 9' Date: p _// I wish to speak on: imii 0 Pu/blic Comment Circle On • CITY COUNCIL CSD / SARDDA//THA/TPFA Subject: LQae C3 i i✓/�/ C �t)n v 6 VC�'►� L i Agenda Item No. For Against 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 I items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. /- - � � Name: /n C1��ds Phone Number: �� Address:, / /-71 --CJ 4 , � -- sz Email address: If you are represent g an organization or r p, please giv the nam \ -Tmp J� I/ 7 �, /2-,-�� Acr;en Ade �.� ��, . ' ' Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 01 I"' REQUEST TO SPEAK p istoOP CITY OF TEMECULA • Date: I wish to speak on: Public Comment Circle ne: CITY COUNCIL CSD/SARDA/THA/TPFA Subject: LA J e 3-2 CD r a Agenda Item No. For Nit Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name:rnA Q`d BN.),Ns mic)<R6on\ra, Phone Number: Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 0,7 ",�, REQUEST TO SPEAK P� ijikOP ., CITY OF TEMECULA 1989 ^ Date: "-'� S I wish to speak on: /l Public Comment Circle One: CITY COUNCIL/CSD/SARDA/THAj/TPFA � �� Subject: i A5T Q \ v W(€ J L 1 \Ci;_ � fL - Agenda Item No. For j5 . Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.,� Name Y / Ury g j 4/1.1 Phone Number: ` Address: r a E'C 9 2 S 7 Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.