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HomeMy WebLinkAbout121421 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 14, 2021 - 7:00 PM CALL TO ORDER: Mayor Maryann Edwards INVOCATION: Chaplain Buck Longmore, Retired Firefighter FLAG SALUTE: Mayor Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS Presentation to John Squares and Jayden Michael Squares BOARD / COMMISSION REPORTS Community Services Commission, Planning Commission, Public/Traffic Safety Commission PUBLIC SAFETY REPORT California Department of Forestry and Fire Protection PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports. Page 1 City Council Agenda December 14, 2021 CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 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 Action Minutes of November 23 and November 30, 2021 Recommendation: That the City Council approve the action minutes of November 23 and November 30, 2021. Attachments: 11/23/2021 Action Minutes 11/30/2021 Action Minutes 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021- 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 City Treasurer's Report as of August 31, 2021 Recommendation: That the City Council approve and file the City Treasurer's Report as of August 31, 2021. Page 2 City Council Agenda December 14, 2021 Attachments: Agenda Report Treasurer's Report 5. Adopt Ordinance 2021-05 Amending Article I and Article XIV of Chapter 8.20 of the Temecula Municipal Code Pursuant to SB 1383 Regulations (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE 2021-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ARTICLE I, DEFINITIONS, OF CHAPTER 8.20 OF THE TEMECULA MUNICIPAL CODE AND AMENDING ARTICLE XIV, MANDATORY ORGANIC WASTE DISPOSAL REDUCTION, OF THE TEMECULA MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA GUIDELINES SECTIONS 15061(B)(3) AND 15308 Attachments: Agenda Report OrdinnnrP 6. Adopt Ordinance 2021-06 Amending the Municipal Code Relatingto Adjustment of Council District Boundaries to Comply with Amendments to Elections Code Sections 21600 to 21609 (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO.2021-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.08.028 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE ADJUSTMENT OF COUNCIL DISTRICT BOUNDARIES PURSUANT TO THE REQUIREMENTS OF ELECTIONS CODE SECTIONS 21600 TO 21609 Attachments: Agenda Report (lydinnnrP 7. Approve Cancellation of the Regularly Scheduled Meeting of December 28, 2021 Recommendation: That the City Council approve the cancellation of the regularly scheduled meeting of December 28, 2021. Attachments: Agenda Report 8. Adopt Resolution Regarding Settlement of National Opioid Litigation Page 3 City Council Agenda December 14, 2021 9. 10. Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY TO ENTER INTO THE SETTLEMENT AGREEMENTS WITH MCKESSON CORPORATION, CARDINAL HEALTH, INC., AMERISOURCEBERGEN CORPORATION, JOHNSON & JOHNSON, JANSSEN PHARMACEUTICALS, INC., ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUTICA, INC., AGREE TO THE TERMS OF THE MEMORANDUM OF UNDERSTANDING ALLOCATING SETTLEMENT PROCEEDS, AND AUTHORIZE ENTRY INTO THE MEMORANDUM OF UNDERSTANDING WITH THE ATTORNEY GENERAL AND AUTHORIZE THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY AND CONVENIENT TO IMPLEMENT THE SETTLEMENTS Attachments: Agenda Report Resolution Exhibit E - Opioid Remediation Uses Riverside County Treatment Programs Authorize the Mayor to Execute the Amendment to the Joint Powers Agreement of the Western Riverside Council of Governments Recommendation: That the City Council authorize the Mayor to execute the amendment to the Joint Powers Agreement of the Western Riverside Council of Governments. Attachments: Agenda Report Amendment Authorize Purchase of Additional Cameras for the Flock Automated License Plate Recognition System Recommendation: Attachments: That the City Council approve the additional services agreement with Flock Group, Inc., to increase the amount of the contract in the amount of $5,500, for additional cameras to be installed as part of the Flock Automated License Plate Recognition System ("Flock System"), for a total agreement amount of $143,000. Agenda Report Additional Services Agreement 11. Approve Assigmnent and Assumption Agreement for Transfer of Rights and Obligations of Development Agreement Between City of Temecula and Temecula West Village, LLC and Page 4 City Council Agenda December 14, 2021 12. 13. 14. Settlement Agreement from Temecula Valley West, LLC to SBT Altair, LLC Recommendation Attachments: That the City Council approve an Assignment and Assumption Agreement for Transfer of Rights and Obligations of Development Agreement between City of Temecula and Temecula West Village, LLC and Settlement Agreement from Temecula Valley West, LLC to SBT Altair, LLC. Agenda Report Agreement Annrove Memorandum of Understandinc Between the Citv of Temecula and the Wolf Creek Maintenance Corporation Recommendation: That the City Council approve the Memorandum of Understanding between the City of Temecula and Wolf Creek Maintenance Corporation (MOU) and authorize the City Manager to execute the memorandum. Attachments: Agenda Report Memorandum of Understanding Approve Agreement with Aztec Landscape, Inc. d/b/a Aztec Janitorial, Inc., for Janitorial Services for Park Restrooms for Fiscal Year 2021-2023 Recommendation: That the City Council: 1. Approve the Minor Maintenance Agreement for Janitorial Services for Park Restrooms with Aztec Landscaping, Inc., d/b/a Aztec Janitorial, Inc., in the amount of $54,589.32 for Fiscal Year 2021-2022 and $109,178.64 for Fiscal Year 2022-2023, for a total contract amount of $163,767.96; and 2. Approve contingency for extra work in the amount of $16,377, which is approximately 10% of the agreement amount. Attachments: Agenda Report Agreement Approve Agreement for Consultant Services with Jeff Katz Architecture for Community Recreation Center Splash Pad and Shade Structures, PW21-07 Recommendation: That the City Council: 1. Approve the Agreement for Consultant Services with Jeff Katz Architecture in the amount of $152,790 for the Community Recreation Center Splash Pad and Shade Structures; and 2. Authorize the City Manager to approve additional work not to exceed the contingency amount of $15,279, which is approximately 10% of the Page 5 City Council Agenda December 14, 2021 15. 16. 17. Attachments: agreement amount. Agenda Report Agreement Project Description Project Location Approve First Amendment to Agreement for Minor Maintenance Services with TWM Roofing,. Inc. Recommendation: That the City Council approve the First Amendment for Minor Maintenance Services with TWM Roofing, Inc. to increase payment for an additional $180,000, for a total agreement amount of $360,000. Attachments: Agenda Report First Amendment Award Construction Contract to Baker Electric, Inc., for Pedestrian Signalquipment Upgrade ade - Citywide, PW19-10 Recommendation: That the City Council: 1. Award a construction contract to Baker Electric, Inc., in the amount of $773,060 for the Pedestrian Signal Equipment Upgrade - Citywide, PW19-10; and 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $77,306, which is equal to 10% of the contract amount; and 3. Make a finding that the Pedestrian Signal Equipment Upgrade - Citywide, PW19-10, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Attachments: Agenda Report Contract Project Description Project Location Map Approve Utility Agreement with Southern California Edison Company for I-15/French Valley Parkway Improvements - Phase 11, PW 16-01 Recommendation That the City Council approve an agreement with Southern California Edison Company (SCE), in the amount of $972,540, to relocate utilities for the I-I5/French Valley Parkway Improvements - Phase H project. Page 6 City Council Agenda December 14, 2021 Attachments: Agenda Report UtilityAgreement Project Description Project Location 18. Approve Purchase and Sale Agreement for the Partial Acquisition on Assessor's Parcel Number 916-400-054 in Connection with I-15/French Valley Parkway improvements - Phase II, PW16-01 Recommendation: That the City Council take the following actions: 1. Adopt a resolution entitled: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND HOEHN ENTERPRISE 4 TEMECULA LLC IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF APN 916-400-054) 2. Authorize the City Manager to approve and execute all necessary documents, including those in substantially the form attached to the Agenda Report, and take all necessary actions to effectuate the purchase of the approximate 10,114 square foot partial fee acquisition on the real property located at 40955 Temecula Center Drive, Temecula (portions of Assessor's Parcel Number 916-400-054). Attachments: Agenda Report Resolution Purchase and Sale Agreement Project Description Project Location 19. Approve Purchase and Sale Agreement for the Partial Acquisition on Assessor's Parcel Number 916-400-061 in Connection with I-15/French Valley Parkway Improvements - Phase II, PW 16-01 Recommendation: That the City Council take the following actions: 1. Adopt a resolution entitled: RESOLUTION NO. 2021- Page 7 City Council Agenda December 14, 2021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND HOEHN ENTERPRISE 5 TEMECULA LLC IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF APN 916-400-061) 2. Authorize the City Manager to approve and execute all necessary documents, including those in substantially the form attached to the Agenda Report, and take all necessary actions to effectuate the purchase of the approximate 6,428 square foot partial fee acquisition on the real property located on Temecula Center Drive, west of Ynez Road in the City of Temecula (portions of Assessor's Parcel Number 916-400-061). Attachments: Agenda Report R esnlntinn Purchase and Sale Agreement Project Description Project Location RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE TEMECULA PUBLIC FINANCING AUTHORITY Page 8 City Council Agenda December 14, 2021 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Zak Schwank ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS - NON -AGENDA ITEMS All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CSD CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 20. Approve Action Minutes of November 23, 2021 Recommendation: That the Board of Directors approve the action minutes of November 23, 2021. Attachments: Action Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS Page 9 City Council Agenda December 14, 2021 CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, January 11, 2021, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 10 City Council Agenda December 14, 2021 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO MEETING TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. For all Public Hearings each speaker is limited to five minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. At Public Hearings involving land use matters the property owner or the applicant/property owner has the burden of proof and, therefore, shall be allowed fifteen (15) minutes for an initial presentation and an additional ten (10) minutes for rebuttal by its development team following other comments on the matter. The Mayor may allow more time if required to provide due process for the property owner or applicant. An appellant, other than the property owner or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the Public Hearing, shall be allowed fifteen (15) minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the appellant. All other members of the public may speak during the Public Hearing for a maximum period five (5) minutes each. Deferral of one speaker's time to another is not permitted. In the event there is a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 21. Recommended Adoption of Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes on Assessor's Parcel Number 910-281-001 and Certain Interests in Dominant Estate Interest in APN 910-271-002 in Connection with the I-15/French Valley Parkway Improvements — Phase II Recommendation: That the City Council take the following actions: 1. Consider the following Resolution, which is a Resolution of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in connection with the I-I5/French Valley Parkway Improvements — Phase II: RESOLUTION NO. 2021- Page 11 City Council Agenda December 14, 2021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-I5/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN PROPERTY INTERESTS ON APN 910-281-001 AND CERTAIN INTERESTS IN DOMINANT ESTATE INTEREST ON APN 910-271-002) 2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity. 3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2021- , ("Resolution of Necessity"), which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the Subject Property Interests summarized below and described more particularly in the Exhibits to the Resolution of Necessity: (i) BRE 26201 Ynez Owner, LLC, a Delaware limited liability company — Certain Real Property Interests in Connection with APN 910-281-001 and Certain Interests in Dominant Estate Interest in APN 910-271-002 • A fee interest in an approximate 177 square foot portion of APN 910-281-001 identified as Caltrans Parcel 25216-1, and described more particularly on Exhibit "A-1" to Resolution No. 2021- • A permanent footing easement on an approximate 500 square foot portion of APN 910-281-001 identified as Caltrans Parcel 25216-2, and described more particularly on Exhibit "A-2" to Resolution No. 2021- • An approximate 822 square foot temporary construction easement with a term of twenty-eight (28) months to help facilitate the City's construction of Phase II on the portion of APN 910-281-001 identified as Caltrans Parcel 25216-3, and described more particularly on Exhibit "A-3" to Resolution No. 2021- Page 12 City Council Agenda December 14, 2021 • Interest of BRE 26201 Ynez Owner, LLC in and to (a) an approximate 10 square foot portion of the footing easement on the access and parking easement (dominant estate) that benefits APN 910-281-001 located on the portion of the adjacent real property identified as APN 910-271-002, which is owned by Ynez Acres II, a California general partnership, included within the legal description of Caltrans Parcel 24616-2 and (b) an approximate 215 square foot portion of the temporary construction easement with a term of twenty-eight (28) months on the access and parking easement (dominant estate) portion of APN 910-271-002 included within the legal description of Caltrans Parcel 24616-3 that the City seeks to acquire on the Ynez Acres II Parcel. Caltrans Parcel 24616-2 is described on Exhibit "A-4" to Resolution No. 202 1 - Caltrans Parcel 24616-3 is described on Exhibit "A-5" to Resolution No. 2021- The above real property interests required from the BRE 26201 Ynez Owner, LLC Parcel and the interests of BRE 26201 Ynez Owner, LLC in and to the approximate 10 square foot portion of BRE 26201 Ynez Owner's dominant estate in the footing easement on APN 910-271-002 and the approximate 215 square foot portion of the temporary construction easement required from BRE 26201 Ynez Owner's dominant estate interest in APN 910-271-002 are referred to collectively below as the "Subject Property Interests". 4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney's Office to file and prosecute eminent domain proceedings for the acquisition of the Subject Property Interests by eminent domain. 5. Authorize the City Manager to execute all necessary documents. 6. Authorize the City Clerk to certify the adoption of the Resolution of Necessity. Attachments: Agenda Report Resolution Project Description Project Location 22. Recommended Adoption of Resolution of Necessitv for the Acauisition by Eminent Domain of Interests in Billboards Identified as Sign Number 33321 and Sign Number 33322 Located on Portions of the Real Properties Identified as Assessor's Parcel Numbers 910-060-002 and 910-060-004 for Public Purposes in Connection with the I-15/French Valley ParkwaX Improvements — Phase II, PW 16-01 Page 13 City Council Agenda December 14, 2021 Recommendation: That the City Council take the following actions: 1. Consider the following Resolution, which is a Resolution of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in connection with the I-I5/French Valley Parkway Improvements — Phase II, PW 16-01: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-I5/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN REAL PROPERTY INTERESTS IN CONNECTION WITH OUTDOOR ADVERTISING STRUCTURES/BILLBOARDS IDENTIFIED AS SIGN NUMBER 33321 AND SIGN NUMBER 33322, LOCATED ON PORTIONS OF THE REAL PROPERTIES IDENTIFIED AS APNS 910-060-002 & 910-060-004) 2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity. 3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2021- , ("Resolution of Necessity"), which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the Subject Property Interests summarized below and described more particularly in the Exhibits to the Resolution of Necessity: (i) Lamar Central Outdoor, Inc. — Interests in Outdoor Advertising Structures/Billboards Identified as Sign Number 33321 and Sign Number 33322 located on portions of the real properties identified as Riverside County Tax Assessor's Parcel Numbers 910-060-002 and 910-060-004 • Certain real property interests of Lamar Central Outdoor, Inc. ("Lamar") consisting of the interests of Lamar in and to the outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number Page 14 City Council Agenda December 14, 2021 33322, leasehold interests in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with the use of the portions of APNs 910-060-002 and 910-060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor advertising structuresibillboards located on portions of the real properties identified as APNs 910-060-002 and 910-060-004 depicted on the Exhibits to Resolution No. 2021- The above interests of Lamar in and to Sign Number 33321 and Sign Number 33322, interests of Lamar in and to said structures, and leasehold interests in connection with said structures, any easement interests in connection with Sign Number 33321 and Sign Number 33322 and use of portions of APNs 910-060-002 and 910-060-004 in connection with Sign Number 33321 and Sign Number 33322 are referred to below as the "Subject Property Interests". 4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney's Office to file and prosecute eminent domain proceedings for the acquisition of the Subject Property Interests by eminent domain. 5. Authorize the City Manager to execute all necessary documents. 6. Authorize the City Clerk to certify the adoption of the Resolution of Necessity. Attachments: Agenda Report Resolution Project Description Project Location 23. Recommended Adoption of Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes on Assessor's Parcel Numbers 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 in Connection with the I-15/French Valley Parkway Improvements — Phase II Recommendation That the City Council take the following actions: 1. Consider the following Resolution, which is a Resolution of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in connection with the I-I5/French Valley Parkway Improvements — Phase II: RESOLUTION NO. 2021- Page 15 City Council Agenda December 14, 2021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-I5/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN PROPERTY INTERESTS ON APNS 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015) 2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity. 3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2021- , ("Resolution of Necessity"), which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the Subject Property Interests summarized below and described more particularly in the Exhibits to the Resolution of Necessity: (i) Larchmont Park, LLC — Certain Real Property Interests on APNs 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 • An approximate 52,090 square foot fee portion of APNs 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 described more particularly on Exhibit "A" and roughly depicted on Exhibit `B" to Resolution No. 2021- • Any and all interests of Larchmont Park, LLC in and to the outdoor advertising structure/billboard and lease interests relating to said structure located on portions of APN 910-060-002 impacted by Phase II. The above approximate 52,090 square foot fee portion of APNs 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 and Larchmont Park's interest in and to the outdoor advertising structure/billboard and lease interests on portions of APN 910-060-002 are referred to below collectively as the "Subject Property Interests". 4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney's Office to file and prosecute eminent domain Page 16 City Council Agenda December 14, 2021 proceedings for the acquisition of the Subject Property Interests by eminent domain. 5. Authorize the City Manager to execute all necessary documents. 6. Authorize the City Clerk to certify the adoption of the Resolution of Necessity. Attachments: Agenda Report Resolution Project Description Project Location BUSINESS Any member of the public may address the City Council on items that appear on the Business portion of the agenda. Each speaker is limited to five minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 24. Appoint Members to the Old Town Local Review Board and Community Services, Public/Traffic Safety and Race, Equity, Diversity, and Inclusion Commissions Recommendation: That the City Council appoint members to the Old Town Local Review Board and the Community Services, Public/Traffic Safety and Race, Equity, Diversity, and Inclusion Commissions. Attachments: Agenda Report Old Town Local Review Board Applications Community Services Commission Applications Public Traffic/Safety Commission Applications Race, Equity, Diversity, and Inclusion Commission Applications 25. Approve Amendment to the Memorandum of Understanding (MOU) with Teamsters Local 911 Succeeding the MOU that Expires June 30, 2022, Approve Amended and Restated Management Compensation Plan; and Approve Amended Salary Schedule Recommendation: That the City Council: 1. Approve an Amendment to the Memorandum of Understanding (MOU) between the City of Temecula and the General Employees of the City of Temecula represented by the California Teamsters Public, Professional, and Medical Employee Union Local 911 (Union) effective July 1, 2021 Page 17 City Council Agenda December 14, 2021 through June 30, 2022; 2. Approve the Amended and Restated Management Compensation Plan (MCP); and 3. Approve the Amended Salary Schedule to Effective July 1, 2021. Attachments: Agenda Report Memorandum of Understanding Management Compensation Plan Salary Schedule 26. Consider Memorial and Monument Policy (At the Request of Council Member Stewart) Recommendation That the City Council consider a memorial and monument policy and provide staff general direction regarding the same. Attachments: Agenda Report Policy - Parks and Recreation Facility Naming Ordinance - Art in Public Places Historical Information - Various Facilities and Memorials JOINT MEETING - CITY COUNCIL AND COMMUNITY SERVICES DISTRICT 27. Appoint the Mayor, Mayor Pro Tempore, President, Vice -President for Calendar Year 2021 Recommendation: That the City Council/Board of Directors: 1. Appoint the Mayor and Mayor Pro Tempore, effective January 1, 2022, to serve in this capacity until December 31, 2022; and 2. Appoint the President and Vice -President, effective January 1, 2022, to serve in this capacity until December 31, 2022. Attachments: Agenda Report DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT ITEMS FOR FUTURE CITY COUNCIL AGENDAS Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed three (3) minutes unless extended by a majority vote of Page 18 City Council Agenda December 14, 2021 the City Council. No substantive discussion on the subject of the motion may occur. General discussion amongst the City Council on items listed under this section of the agenda shall be limited to 15 minutes. Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed three (3) minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54. A. State and Federal Legislative Activity (At the Request of Mayor Pro Tempore Rahn) ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, January 11, 2021, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. W1711141*111111,1wag" IS] The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444. Page 19 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 14, 2021 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 NOVEMBER 23, 2021 - 7:00 PM CLOSED SESSION - 5:30 P.M. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: In re National Prescription Opioid Litigation, MDL No. 2804 (Federal District Court N.D. Ohio). LABOR NEGOTIATIONS The City Council convened in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are City Manager Aaron Adams, City Attorney Peter Thorson, Assistant City Manager Kevin Hawkins, Director of Finance Jennifer Hennessy, Director of Human Resources and Risk Management Isaac Garibay, Deputy City Manager Luke Watson and Senior Human Resources Analyst Becky Obmann. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. CALL TO ORDER at 7:01 PM: Mayor Maryann Edwards INVOCATION: Rabbi Yonasan Abrams of Chabad of Temecula FLAG SALUTE: Mayor Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS - NONE BOARD / COMMISSION REPORTS Planning Commission and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT Riverside County Sheriffs Department PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) submitted an electronic comment on a non -agenda item(s): • Rick Reiss • Bernard Budney 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 Rahn, Second by Stewart. The 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 required by the Government Code. 2. Approve Action Minutes of November 9, 2021 Recommendation: That the City Council approve the action minutes of November 9, 2021. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Approve Purchase and Sale Agreement for the Partial Acquisition and Loss of Lease Rent for Billboard on Assessor's Parcel Numbers 910-060-004, 910-060-008 and 910-060-014 in Connection with I-15/French Valley Parkway Ijnprovements - Phase II, PW16-01 Recommendation: That the City Council take the following actions: 1. Adopt a resolution entitled: RESOLUTION NO. 2021-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND EVAN TISS AND DAVID TISS, SUCCESSOR CO -TRUSTEES IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF APNS 910-060-004, 910-060-008, & 910-060-014) 2. Authorize the City Manager to approve and execute all necessary documents, including those in substantially the form attached to the Agenda Report, and take all necessary actions to effectuate the purchase 2 of the approximate 1,226 square foot partial fee acquisition and the loss of lease rent for the billboard on the real property located at 26101 Jackson Avenue, Murrieta (portions of Assessor's Parcel Numbers 910-606-004, 910-060-008 and 910-060-014). 5. Approve Increase to the Contingency for the Sidewalks - Old Town Improvements Project (Fifth Street from Old Town Front Street to Murrieta Creek). PW20-02 Recommendation: That the City Council approve an increase to the contingency for the Sidewalks - Old Town Improvements Project (Fifth Street from Old Town Front Street to Murrieta Creek) and increase the City Manager change orders approval authority in the amount of $70,000. 6. Approve Tract Map 37341-5 (Located on the East Side of Butterfield Stage Road Between Calle Chapos and Murrieta Hot Springs Road) Recommendation: That the City Council: 1. Approve Tract Map 37341-5 in conformance with the Conditions of Approval; and 2. Approve the Subdivision Improvement and Monumentation Agreements with the Developer; and 3. Authorize the City Manager to execute the agreements on behalf of the City. RECESS: At 7:40 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:47 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 8. Conduct Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing Approving Tax -Exempt Bonds for the Rancho Las Bolsas Project Rancho Highlands), Located at 43519, 43513 and 43602 West Ventana Street (Adjacent to 28250 Ynez Road,) and Approving Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority Recommendation: That the City Council: 1. Conduct a public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the "Code"); and 2. Adopt a resolution approving the issuance of the bonds by the California Municipal Finance Authority (CMFA) for the benefit of Ynez Road Housing Partners, L.P. (the "Borrower"), a partnership of which Jamboree Housing Corporation (the "Developer") or a related person to the developer is the general partner, to provide for the financing of the project, for the sole purposes of satisfying the requirements of TEFRA, the Code and California Government Code Section 6500 et seq., entitled: RESOLUTION NO. 2021-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY AND APPROVING THE ISSUANCE OF REVENUE BONDS BY THE AUTHORITY FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION, AND IMPROVEMENT OF CERTAIN FACILITIES FOR THE BENEFIT OF YNEZ ROAD HOUSING PARTNERS, L.P. Approved the Staff Recommendation (5-0): Motion Schwank, Second by Stewart. The vote reflected unanimous approval. RITCINF.CC 9. Introduce Ordinance Amending Article I and Article XIV of Chapter 8.20 of the Temecula Municipal Code Pursuant to SB1383 Regulations Recommendation: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 2021-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ARTICLE I, DEFINITIONS, OF CHAPTER 8.20 OF THE TEMECULA MUNICIPAL CODE AND AMENDING ARTICLE XIV, MANDATORY ORGANIC WASTE DISPOSAL REDUCTION, OF THE TEMECULA MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA GUIDELINES SECTIONS 15061(B)(3) AND 15308 Approved the Staff Recommendation (3-2): Motion Schwank, Second by Alexander. The vote reflected unanimous approval with Alexander and Stewart opposing. 10. Introduce Ordinance Amending the Municipal Code Relating to o Adjustment of Council District Boundaries to Comply with Amendments to Elections Code Sections 21600 to 21609 Recommendation: That the City Council introduce and read by title only an ordinance entitled: 4 ORDINANCE NO. 2021-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.08.028 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE ADJUSTMENT OF COUNCIL DISTRICT BOUNDARIES PURSUANT TO THE REQUIREMENTS OF ELECTIONS CODE SECTIONS 21600 TO 21609 Approved the Staff Recommendation (5-0): Motion Rahn, Second by Stewart. The vote reflected unanimous approval. DEPARTMENTAL REPORTS (Receive and File) 11. Community Development Department Monthly Report 12. Fire Department Monthly Report 13. Police Department Monthly Report 14. Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT The City attorney reported that in closed session by a 5-0 vote, the City Council approved the following settlement agreements for the National Opioid Litigation and directed the City Attorney to prepare a resolution for formal approval of the settlements to be considered on December 14, 2021: (1) Participation Agreement to the Settlement Agreement with the Distributor Defendants (McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation); (2) Participation Agreement to the Settlement Agreement with the Janssen Defendants (Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceuitca, Inc.); (3) California State -Subdivision Agreement Regarding Distribution and Use of Settlement Funds- Distributor Settlement; and (4) California State -Subdivision Agreement Regarding Distribution and Use of Settlement Funds- Janssen Settlement Allocation Agreements. The City Attorney also reported that no other reportable actions were taken in closed session. ITEMS FOR FUTURE CITY COUNCIL AGENDAS ADJOURNMENT At 8:32 PM, the City Council meeting was formally adjourned to Tuesday, December 14, 2021, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 5 Adjourned in Memory of Joe Hart Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] ACTION MINUTES TEMECULA CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 30, 2021-1:30 PM CALL TO ORDER at 1:32 PM: Mayor Maryann Edwards FLAG SALUTE: Council Member Zak Schwank ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion Schwank, Second by Stewart. The vote reflected unanimous approval. 1. Approve Second Amendment to the Loan Agreement for Las Haciendas Affordable Housing Development Between the City of Temecula, as Housing Successor to the Former Temecula Redevelopment Agency, and Las Haciendas Housing Associates, L.P. Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ACTING IN ITS CAPACITY AS THE HOUSING SUCCESSOR TO THE FORMER TEMECULA REDEVELOPMENT AGENCY (AND, WITH RESPECT TO A LOAN OF CITY FEES, ALSO IN ITS CAPACITY AS THE CITY) APPROVING THE SECOND AMENDMENT TO THE LOAN AGREEMENT WITH LAS HACIENDAS HOUSING ASSOCIATES, L.P. FOR THE "LAS HACIENDAS" 77 UNIT LOW INCOME AFFORDABLE MULTI -FAMILY (APARTMENT) PROJECT AT 28715 LAS HACIENDAS STREET AND 28772 CALLE CORTEZ ADJOURNMENT At 1:35 PM, the City Council meeting was formally adjourned to Tuesday, December 14, 2021, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: December 14, 2021 SUBJECT: Approve the List of Demands PREPARED BY: Pam Espinoza, Accounting Technician I RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021- 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.2021- 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 $5,897,575.06. 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 14th day of December 2021. Maryann Edwards, 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of December, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 11/09/2021 TOTAL CHECK RUN: $ 538,806.11 11/16/2021 TOTAL CHECK RUN: 127,029.78 11/18/2021 TOTAL CHECK RUN: 803,051.48 11/19/2021 TOTAL CHECK RUN: 62,270.82 11/23/2021 TOTAL CHECK RUN: 3,185,213.86 11/10/2021 TOTAL PAYROLL RUN: 602,386.88 11/24/2021 TOTAL PAYROLL RUN: 578,816.13 TOTAL LIST OF DEMANDS FOR 12/14/2021 COUNCIL MEETING: $ 5,897,575.06 apChkLst Final Check List Page: 1 11/09/2021 1:26:33PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 12073 10/12/2021 006887 UNION BANK OF CALIFORNIA 017120 CONSTRUCTION EXAM CENTER 011816 D'ALESIOINC 001054 CALIF BUILDING OFFICIALS, (CALBO) 018389 IN-N-OUT BURGER INC 001264 COSTCO TEMECULA 491 022514 2 HOT ACTIVEWEAR & UNIFORMS 004432 ALBERTSONS GROCERY STORE 003129 ALBERTOS 018389 IN-N-OUT BURGER INC 013338 APPLE STORE 12075 10/12/2021 006887 UNION BANK OF CALIFORNIA 013338 APPLE STORE 017716 CLEVERBRIDGE INC 022591 DIGICERT INC 12076 10/12/2021 006887 UNION BANK OF CALIFORNIA 022751 WORLDWAY INDUSTRIAL CORP 021438 PUBLIC RELATIONS SOCIETY OF, AMERICA- I.E. CHAPTER 006952 PAYPAL 12182 11/3/2021 000537 SO CALIF EDISON 12183 11/3/2021 000537 SO CALIF EDISON 12184 11/3/2021 000537 SO CALIF EDISON 12185 11/3/2021 000537 SO CALIF EDISON Description Amount Paid Check Total JC CLASS & EXAM DEV TECH CERT: 695.00 HUNDLEY JC PRESENTATION HELMET: FIRE 367.58 DEPT JC TECHNICIAN TRAINING: CREGUT, 260.00 D. JC RFRSHMNTS: DISASTER PREP 134.80 EVENT: FIRE JC RFRSHMNTS: MTG 08/16/21: FIRE 124.41 DEPT JC POLO SHIRTS: CHIEF CRATER: 95.85 FIRE DEPT JC RFRSHMTS: MTG 8/16: FIRE DEPT 87.00 JC RFRSHMNTS: MTG 08/16: FIRE 57.31 DEPT JC RFRSHMNTS: DISASTER PREP 29.58 EVENT: FIRE JC ADD'L PHONE STORAGE: MILLER, 0.99 1,852.52 W. MH IPAD KEYBOARD 379.54 MH DESKTOPACCESS: LIBRARY 2,250.00 MH GEOTRUST WILDCARD RENEWAL: 1,132.40 3,761.94 INFO TECH JH WATER BOTTLES PURCHASE: FIRE 3,460.00 DEPT JH POLARIS AWARD APP FEE: TCSD 414.00 JH VERISIGN PAYFLOW PRO 25.00 3,899.00 TRANSACTION OCT 700025366655 41955 4TH ST 14.60 14.60 OCT 700451136031 41702 MAIN ST 16.70 16.70 OCT 700404123666 41638 16.80 16.80 WINCHESTER RD OCT 700230666549 28079 DIAZ RD 17.11 17.11 Page:1 apChkLst 11/09/2021 1:26:33PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 12186 11/3/2021 000537 SO CALIF EDISON OCT 700230816695 28077 DIAZ RD 17.28 17.28 12187 11/3/2021 000537 SO CALIF EDISON OCT 700390915502 27991 DIAZ RD 17.28 17.28 12188 11/3/2021 000537 SO CALIF EDISON OCT 700369097471 27407 DIAZ RD 17.98 17.98 12189 11/3/2021 000537 SO CALIF EDISON OCT 700079543781 30153 TEMECULA 21.15 21.15 PKWY 12190 11/3/2021 000537 SO CALIF EDISON OCT 700170354373 28402 MERCEDES 29.82 29.82 ST 12191 11/3/2021 000537 SO CALIF EDISON OCT 700541167387 30027 FRONT ST 31.67 31.67 12192 11/3/2021 000537 SO CALIF EDISON OCT 700374361541 29429 TEMECULA 49.43 49.43 PKWY 12193 11/3/2021 000537 SO CALIF EDISON OCT 700169846034 41902 MAIN ST 154.34 154.34 12194 11/3/2021 000537 SO CALIF EDISON OCT 700021560619 28300 MERCEDES 223.70 223.70 ST 12195 11/3/2021 000537 SO CALIF EDISON OCT 700338442744 43210 BUS PARK 409.80 409.80 DR 12196 11/3/2021 000537 SO CALIF EDISON OCT 700618295727 41952 6TH ST 781.44 781.44 12197 11/3/2021 000537 SO CALIF EDISON OCT 700395923227 28314 MERCEDES 1,021.49 1,021.49 ST 12198 11/3/2021 000537 SO CALIF EDISON OCT 700169903325 41904 MAIN ST 1,492.66 1,492.66 12199 11/3/2021 000537 SO CALIF EDISON OCT 700024603688 41845 6TH ST 1,596.14 1,596.14 12200 11/3/2021 000537 SO CALIF EDISON OCT 700619156906 32364 OVERLAND 2,304.14 2,304.14 TRL 12201 11/3/2021 000537 SO CALIF EDISON OCT 700168560580 28690 MERCEDES 2,617.21 2,617.21 ST 12202 11/3/2021 000537 SO CALIF EDISON OCT 700350108713 43230 BUS PARK 2,765.27 2,765.27 DR Paget apChkLst Final Check List Page: 3 11/09/2021 1:26:33PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 12203 11/3/2021 000537 SO CALIF EDISON OCT 700000050665 43200 BUS PARK DR 12204 11/3/2021 000537 SO CALIF EDISON OCT 700474429468 41000 MAIN ST 12206 11/4/2021 010276 TIME WARNER CABLE OCT INTERNET SVCS OTA 32364 OVERLAND TRL 12207 11/4/2021 010276 TIME WARNER CABLE OCT INTERNET SVCS 40820 WINCHESTER RD 12208 11/4/2021 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS - PUBLIC LIBRARY 12209 11/4/2021 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS - FIRE STATION 73 12210 11/5/2021 010276 TIME WARNER CABLE OCT INTERNET SVCS 28300 MERCEDES ST 12211 11/9/2021 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT SUPPORT 207292 11/10/2021 001517 AETNA BEHAVIORAL HEALTH DEC EMPLOYEE ASSISTANCE PRGM: LLC, DBAAETNA RESOURCES HR 207293 11/10/2021 010983 ALLAMERICAN SERVICE, AND ASPHALT SUPPLIES: STREET MAINT: SUPPLIES PW 207294 11/10/2021 009787 ALTEC INDUSTRIES INC EQUIP REPAIRS: STREET MAINT: PW 207295 11/10/2021 007282 AMAZON CAPITAL SERVICES MISC SMALL TOOLS/EQUIPMENT:HR INC MISC BOOKS: RHRTPL: TCSD MISC BOOKS: RHRTPL: TCSD MISC OFC SUPPLIES: ECON DEV 207296 11/10/2021 019840 BELTZ, JON MISC VIDEOGRAPHY SRVCS:CM & ECO DEV 207297 11/10/2021 004262 BIO TOX LABORATORIES PHLEBOTOMY SVCS: TEM SHERIFF PHLEBOTOMY SVCS: TEM SHERIFF PHLEBOTOMY SVCS: TEM SHERIFF 207298 11/10/2021 001323 BLUETRITON BRANDS INC, 9/23-10/22 WTR DLVRY SVC: DBA READYREFRESH HARVESTON PRK Amount Paid Check Total 2,953.17 2,953.17 24,461.41 24,461.41 119.99 119.99 598.63 598.63 190.98 190.98 171.84 171.84 598.63 598.63 517.72 517.72 1,188.00 1,188.00 210.11 210.11 1,335.57 1,335.57 117.67 107.15 93.49 -14.12 304.19 15,000.00 15,000.00 3,900.00 1,421.00 1,139.00 6,460.00 28.61 28.61 Page3 apChkLst 11/09/2021 1:26:33PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 207299 11/10/2021 005417 CINTAS PROTECTION NO 2, FIRST AID KIT MAINT: RISK MGMT 853.60 CINTAS FIRE 636525 FIRST AID KIT MAINT: RISK MGMT 422.27 FIRST AID KIT MAINT: RISK MGMT 374.40 FIRST AID KIT MAINT: RISK MGMT 337.73 FIRST AID KIT MAINT: RISK MGMT 195.60 FIRST AID KIT MAINT: RISK MGMT 147.05 2,330.65 207300 11/10/2021 020457 CLARITAS HOLDINGS INC, DBA DEMOGRAPHIC REPORT: ECO DEV 785.00 CLARITAS LLC DEMOGRAPHIC REPORT: ECO DEV 500.00 1,285.00 207301 11/10/2021 004329 COSTCO TEMECULA491 EVENT SUPPLIES: HUMAN SVCS: 400.80 400.80 TCSD 207302 11/10/2021 001233 DANS FEED AND SEED INC MISC SUPPLIES: STREET MAINT: PW 44.84 44.84 207303 11/10/2021 017432 EYEMED VISION CARE VISION PLAN PAYMENT 1,737.47 1,737.47 207305 11/10/2021 000186 HANKS HARDWARE INC MISC MAINT SUPPLIES: MPSC 51.86 MISC MAINT SUPPLIES: STREET MAINT: 4,099.49 MISC MAINT SUPPLIES: PARKS: PW 2,974.94 MISC MAINT SUPPLIES: CIVIC CTR/PRK( 1,186.66 MISC MAINT SUPPLIES: TVM 872.73 MISC MAINT SUPPLIES: OLD TOWN 720.20 MISC MAINT SUPPLIES: THEATER 437.85 HRDWR SUPPLIES: FIRE DEPT 265.30 MISC MAINT SUPPLIES: TRAFFIC: PW 243.51 MISC MAINT SUPPLIES: CRC 204.46 MISC MAINT SUPPLIES: IWTCM 152.96 Small tools/equipment: Bldg & Safety 100.92 MISC HRDWR SUPPLIES: CODE ENF 82.34 MISC MAINT SUPPLIES: LIBRARY 45.26 MISC MAINT SUPPLIES: FOC 38.97 MISC MAINT SUPPLIES: AQUATICS 17.33 11,494.78 207306 11/10/2021 013127 JEFFREY STOVER ONSTAGE, CONCERT TICKET SALES 4,010.30 4,010.30 MUSICALS SETTLEMENT 10/31 207307 11/10/2021 021896 JP HANDMADE CORP, DBA PRINT MEDIA: SPECIAL EVENTS: TCSD 1,256.69 1,256.69 MINUTEMAN PRESS 207308 11/10/2021 003782 MAIN STREET SIGNS, DBA OVERHEAD STREET NAME REPL 9,051.00 ATHACO INC PRGM: PW VARIOUS SIGNS & SUPPLIES: PARKS: P\ 2,421.68 STREET SIGN NAME: HR DEPT 67.82 VARIOUS SIGNS & SUPPLIES: PARKS: PN 64.60 11,605.10 Page:4 apChkLst Final Check List Page: 5 11/09/2021 1:26:33PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 207309 11/10/2021 011956 MATTHEWS, AARON REIMB: SUPPLIES: TEAM PACE 207311 11/10/2021 003076 MET LIFE INSURANCE DENTAL HMO PAYMENT COMPANY 207312 11/10/2021 016297 M I D-AMERICA ARTS ALLIANCE EXHIBIT. SMALL WONDERS: TVM 207313 11/10/2021 000209 NUTRIEN AG SOLUTIONS INC, SMALL EQUIPMENT REPAIRS: PARKS: DBA CROP PRODUCTION PW SRVCS 207314 11/10/2021 010338 POOLAND ELECTRICAL, VARIOUS SUPPLIES: AQUATICS PRODUCTS INC 207315 11/10/2021 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT INC, DBA LEGALSHIELD 207316 11/10/2021 017648 RAHN, MATT REIMB: LOCC ANNUAL CONFERENCE: CITY CNCL 207317 11/10/2021 022710 RATLEDGE, MARK RELEASE CLAIMS AGREEMENT PMT 207318 11/10/2021 013376 SECURITY SIGNAL DEVICES MAINT SRVCS: CIVIC CENTER INC, SSD SYSTEMS MAINT SRVCS: THEATER 207319 11/10/2021 000537 SO CALIF EDISON OCT 700116137841 VARIOUS LOCATIONS 207320 11/10/2021 000519 SOUTH COUNTY PEST OCT PEST CONTROL SRVCS: CIVIC CONTROL INC CENTER 207323 11/10/2021 007762 STANDARD INSURANCE COMPANY 207324 11/10/2021 012723 STANDARD INSURANCE COMPANY 10/25 EMERG PEST CONTROL SRVCS: H 10/30 EMERG PEST CONTROL SRVCS: R OCT PEST CONTROL SRVCS: THEATER OCT PEST CONTROL SRVCS: MRC OCT PEST CONTROL SRVCS: AQUATICS OCT PEST CONTROL SRVCS: TVE2 OCT PEST CONTROL SRVCS: SPLASH P, OCT PEST CONTROL SRVCS: DUCK POP OCT PEST CONTROL SRVCS: WEST WIN OCT PEST CONTROL SRVCS: C.MUSEUP OCT PEST CONTROL SRVCS: MPSC BASIC LIFE INSURANCE PAYMENT VOLUNTARY SUPP LIFE INSURANCE PAYMENT Amount Paid Check Total 71.88 71.88 12,659.73 12,659.73 3,525.00 3,525.00 145.62 145.62 488.07 488.07 191.35 191.35 888.66 888.66 3,500.00 3,500.00 995.00 338.00 1,333.00 32,755.52 32,755.52 120.00 95.00 94.00 90.00 70.00 59.00 56.00 49.00 49.00 40.00 36.00 29.00 787.00 9,436.79 9,436.79 1,527.26 1,527.26 Page:5 apChkLst Final Check List Page: 6 11/09/2021 1:26:33PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 207325 11/10/2021 001547 TEAMSTERS LOCAL 911 UNION MEMBERSHIP DUES PAYMENT 207326 11/10/2021 022721 THE GAITAN FAMILY TRUST REFUND: ENG DEPOSIT LD17-2831 MEXICO 207327 11/10/2021 021549 TOVAR, MARIA LUISA REIMB: TEAM PACE SUPPLIES: HR 207328 11/10/2021 002185 U S POSTAL SERVICE POSTAGE FEE FOR CITYWIDE NEWSLETTER 207329 11/10/2021 002185 US POSTAL SERVICE ANN'L PO BOX FEE: POLICE #892050 207330 11/10/2021 005460 U S BANK ACCOUNT ANALYSIS: FINANCE 207331 11/10/2021 022692 VERSA PRODUCTS INC ERGONOMIC EQUIP: HR 207332 11/10/2021 000621 WESTERN RIVERSIDE 12/1/21-5/31/22: STRLIGHT COUNCIL OF, GOVERNMENTS IMPLEMENTATION (WRCOG) 207333 11/10/2021 000341 WILLDAN ASSOCIATES INC SEPT TRAFFIC ENG SRVC: PW TRAFFIC Amount Paid Check Total 5,058.22 21,000.00 69.60 13,000.00 452.00 1,750.00 392.00 13,558.75 9,546.00 Grand total for UNION BANK: 5,058.22 21,000.00 69.60 13,000.00 452.00 1,750.00 392.00 13, 558.75 9,546.00 243,570.40 Pagefi apChkLst Final Check List Page: 7 11/09/2021 1:26:33PM CITY OF TEMECULA 70 checks in this report. Grand Total All Checks: 243,570.40 Page:? apChkLst Final Check List Page: 1 11/09/2021 2:17:21PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 501328 11/12/2021 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT: THEATER DBA, ALLEGRO PIANO SERVICE 501329 11/12/2021 004240 AMERICAN FORENSIC NURSES DRUG/ALCOHOL ANALYSIS: TEM AFN SHERIFF DRUG/ALCOHOL ANALYSIS: TEM SHERIF 501330 11/12/2021 021959 AMERICAN HEART TRAINING SUPPLIES: MEDIC: FIRE ASSOCIATION INC DEPT 501331 11/12/2021 018941 AZTEC LANDSCAPING INC OCT MAINT SVCS: PARKS/SCHOOLS PW 501332 11/12/2021 022670 BROWN, JAMAL DEON TCSD INSTRUCTOR EARNINGS 501333 11/12/2021 003997 COAST RECREATION INC MISC PLAYGROUND PARTS: PARKS: PW 501334 11/12/2021 022687 COLLINS, NICOLE COMPTR LOAN PRGM: COLLINS, NICOLE 501335 11/12/2021 010650 CRAFTSMEN PLUMBING & LIGHT POLE BASES: RR SPORTS PARK HVAC INC 501336 11/12/2021 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOM & SINK SRVCS RENTAL: POLICE TEMPORARY FENCING: JRC 501337 11/12/2021 019720 DIVERSIFIED WATERSCAPES OCT WTR QUALITY MAINT: DUCK INC PNG/HARV. 501338 11/12/2021 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: CIP: PW FUEL FOR CITY VEHICLES: PARK MAINT FUEL FOR CITY VEHICLES: STREET MAI FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: TRAFFIC: PN FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: FIRE DEPT FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES: LAND DEV: F 501339 11/12/2021 004068 ECALDRE MANALILI-DE VILLA, TCSD INSTRUCTOR EARNINGS AILEEN 501340 11/12/2021 021412 EIDE BAILLY LLP OCT FINANCIAL STATEMENT AUDIT - FIELDWOR Amount Paid Check Total 225.00 225.00 213.50 120.40 333.90 1,979.60 1,979.60 9,766.50 9,766.50 2,359.00 2,359.00 2,078.70 2,078.70 1,475.87 1,475.87 4,670.00 4,670.00 122.61 95.00 217.61 7,213.00 7,213.00 69.01 1,907.24 910.57 891.68 325.33 293.29 180.10 87.56 73.47 4,738.25 1,491.00 1,491.00 14,587.00 14,587.00 Page:1 apChkLst Final Check List Page: 2 11/09/2021 2:17:21PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 501341 11/12/2021 011202 EMH SPORTS USA INC TCSD INSTRUCTOR EARNINGS 501342 11/12/2021 014865 FREIZE UHLER KIMBERLY DBA, CERAMIC MUGS: WELLNESS CLEAR BLUE PROMOTIONS COMMITTEE EMBROIDERY SVCS: CITY MGR OFC 501343 11/12/2021 013076 GAUDETYVONNE M, DBA YES TCSD INSTRUCTOR EARNINGS YOU CAN DRAW 501344 11/12/2021 020628 HASA INC Pool Sanitizing Chemicals:various pools 501345 11/12/2021 003624 HOWELL, ANN MARIE MISC GRAPHIC DESIGN: ECON DEV 501346 11/12/2021 012883 JACOB'S HOUSE INC EMPLOYEE CHARITY DONATIONS PAYMENT 501347 11/12/2021 003726 LIFE ASSIST INC TEACHING SUPPLIES: MEDIC: FIRE DEPT TEACHING SUPPLIES: MEDIC: FIRE DEP 501348 11/12/2021 018675 MDG ASSOCIATES INC AUG CDBG-CV EMERGENCY RENTAL ASSIST PGM 501349 11/12/2021 019823 MERCHANTS BLDG MAINT LLC SEP JANITORIAL SVCS: VARI CITY FACS 501350 11/12/2021 020907 MICHELLE MEDINA, DBA TCSD INSTRUCTOR EARNINGS MICHELLE Q MEDINA 501351 11/12/2021 012264 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS 501352 11/12/2021 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: FIRE DEPT INC ELECTRICAL SUPPLIES: FIRE DEPT ELECTRICAL SUPPLIES: FIRE DEPT 501353 11/12/2021 022599 NIEVES LANDSCAPE INC OCT LDSCP MAINT: PW SLOPES OCT LDSCP MAINT: PARKS/MEDIANS PVA OCT LDSCP MAINT: PARKS/MEDIANS: P� OCT LDSCP MAINT: CITY FACS OCT LDSCP MAINT: 1-15/79 LOOP 501354 11/12/2021 021121 OCCUPATIONAL HEALTH CTR 10/19 MEDICAL SCREENINGS: HR OF CA, DBA CONCENTRA MEDICAL CTR 10/11 MEDICAL SCREENINGS: FIR Amount Paid Check Total 315.00 315.00 659.68 65.76 725.44 873.60 873.60 825.94 825.94 233.75 233.75 40.00 40.00 908.28 265.83 1,174.11 5,815.00 5,815.00 27,156.23 27,156.23 3,150.00 3,150.00 1,646.40 1,646.40 176.37 138.33 125.07 439.77 58,553.00 54,150.00 20,230.00 10,150.00 6,977.00 150,060.00 103.00 32.50 135.50 Paget apChkLst Final Check List Page: 3 11/09/2021 2:17:21PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 501355 11/12/2021 021998 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: PW INC STREETS CITY VEHICLE MAINT SVCS: PW STREEI CITY VEHICLE MAINT SVCS: TCSD HOMI CITY VEHICLE MAINT SVCS: PW FACS CITY VEHICLE MAINT SVCS: PW PARKS CITY VEHICLE MAINT SVCS: PW TRAFFII 501356 11/12/2021 021998 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: POLICE INC CITY VEHICLE MAINT SVCS: POLICE 501357 11/12/2021 020544 PARKHOUSE TIRE SERVICE TIRE SRVC: PW STREET MAINT INC 501358 11/12/2021 012904 PROACTIVE FIRE DESIGN PLAN REVIEW SVC: PREVENTION: AND, CONSULTING FIRE DEPT 501359 11/12/2021 022537 REFRIGERATION SUPPLIES, HVAC SUPPLIES: PARKING GARAGE DISTRIBUTOR 501360 11/12/2021 002412 RICHARDS WATSON AND SEPT 2021 LEGAL SERVICES GERSHON SEPT 2021 LEGAL SERVICES 501361 11/12/2021 004274 SAFE AND SECURE LOCKSMITH SRVCS: LIBRARY LOCKSMITH SRVC 501362 11/12/2021 009213 SHERRY BERRY MUSIC 501363 11/12/2021 000645 SMART AND FINAL INC 501364 11/12/2021 002366 STEAM SUPERIOR CARPET CLEANING LOCKSMITH SRVCS: CIVIC CENTER LOCKSMITH SRVCS: THEATER JAZZ @ THE MERC 10/28/21 MISC SUPPLIES: ROD RUN CARPET CLEANING SRVCS: LIBRARY 501365 11/12/2021 003840 STRONG'S PAINTING 2ND INSTLLMNT:CITYWIDE PAINTING BUS STOP 501366 11/12/2021 003849 TERRYBERRY COMPANY SERVICE AWARDS: HR SERVICE AWARDS: HR 501367 11/12/2021 016311 TIERCE, NICHOLAS OCT GRAPHIC DSGN SRVCS: THEATER 501368 11/12/2021 021603 TITAN RENTALS GROUP INC, TABLES/CHAIRS/TENT RENTALS: TCSD TITAN TENT & EVENT RENTAL 10/29 Amount Paid Check Total 161.04 58.50 861.85 476.39 471.69 48.45 429.15 52.45 2,270.29 13, 380.50 1,249.08 1,566.00 1,448.00 239.53 228.41 29.36 565.00 353.09 1,125.00 6,000.00 185.20 147.00 4,140.00 2,016.56 2,077.92 481.60 2,270.29 13, 380.50 1,249.08 3,014.00 497.30 565.00 353.09 1,125.00 6,000.00 332.20 4,140.00 2,016.56 Page:3 apChkLst Final Check List Page: 4 11/09/2021 2:17:21PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 501369 11/12/2021 008402 WESTERN RIVERSIDE CO REG, CONSERVATION AUTHORITY (Continued) Description Amount Paid Check Total SEPT'21 MSHCP PAYMENT 14,007.00 14,007.00 Grand total for EFT UNION BANK: 295,235.71 Page:4 apChkLst Final Check List Page: 5 11/09/2021 2:17:21PM CITY OF TEMECULA 42 checks in this report. Grand Total All Checks: 295,235.71 Page:5 apChkLst Final Check List Page: 1 11/16/2021 3:34:55PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 501370 11/18/2021 004240 AMERICAN FORENSIC NURSES DEC STAND BY FEE: POLICE AFN DRUG/ALCOHOL ANALYSIS: TEM SHERIF DRUG/ALCOHOL ANALYSIS: TEM SHERIF DRUG/ALCOHOL ANALYSIS: TEM SHERIF DRUG/ALCOHOL ANALYSIS: TEM SHERIF 501371 11/18/2021 000936 AMERICAN RED CROSS, STAFF/LIFEGUARDS CERTS: HEALTH AND SAFETY SVCS AQUATICS 501372 11/18/2021 019709 BAGDASARIAN, NADYA REIMB: UNIFORMS: CODE ENFORCEMENT 501373 11/18/2021 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES: POLICE DEP' 501374 11/18/2021 001937 GALLS LLC FIRSTAID SUPPLIES: AQUATICS 501375 11/18/2021 021308 GILLIS + PANICHAPAN ARCHITECTURAL SVCS: CRC PW19-07 ARCHITECTS, INC ARCHITECTURAL SVCS: FIRE STA 84 PV1 501376 11/18/2021 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: PLANNING INC MISC OFC SUPPLIES: PLANNING MISC OFC SUPPLIES: PLANNING 501377 11/18/2021 010766 INLAND VALLEY SYMPHONY MUSICAL PERF: HALLOWEEN CARNIVAL 501378 11/18/2021 006914 INNOVATIVE DOCUMENT OCT COPIER MAINT/USAGE/REPAIR: SOLUTIONS CITYWIDE OCT COPIER MAINT/USAGE/REPAIR: Cll PLOTTER & COPIER SUPPLIES:CENTRA 501379 11/18/2021 021370 MARK THOMAS AND COMPANY DSGN & ENVIRO SVCS: CONG INC RELIEF,PW19-02 501380 11/18/2021 004040 MORAMARCO ANTHONYJ, STAFF UNIFORMS: MPSC: TCSD DBA BIGFOOT GRAPHICS 501381 11/18/2021 014173 NPG INC DBA, GOLDSTAR ASPHALT REPAIRS: RAINBOW ASPHALT PRODUCTS CANYON RD 501382 11/18/2021 021998 OLD TOWN TIRE AND SERVICE VEHICLE REPAIR/MAINT: PD INC Amount Paid Check Total 1,379.17 602.00 153.30 120.40 120.40 258.00 176.85 631.99 278.98 129.31 14.00 133.07 7,860.00 5,225.00 293.56 144.12 30.82 3,000.00 3,605.84 329.86 104.26 52,723.94 3,442.00 42,250.00 1,391.43 2,375.27 258.00 176.85 1,054.28 133.07 13,085.00 468.50 3,000.00 4,039.96 52,723.94 3,442.00 42,250.00 1,391.43 Page-1 apChkLst Final Check List Page: 2 11/16/2021 3:34:55PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 501383 11/18/2021 002734 P V P COMMUNICATIONS INC WIRELESS SPEAKER MIC MTR HELMET:PD 501384 11/18/2021 020544 PARKHOUSE TIRE SERVICE TIRE SVC: STREET MAINT: PW INC TIRE SVC: STREET MAINT: PW 501385 11/18/2021 002412 RICHARDS WATSON AND SEPT 2021 LEGAL SERVICES GERSHON 501386 11/18/2021 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 11/04/21 Amount Paid Check Total 1,415.23 1,415.23 89.25 238.00 327.25 174.00 174.00 715.00 715.00 Grand total for EFT UNION BANK: 127,029.78 Paget apChkLst Final Check List Page: 3 11/16/2021 3:34:55PM CITY OF TEMECULA 17 checks in this report. Grand Total All Checks: 127,029.78 Page:3 apChkLst 11/18/2021 4:39:13PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 12155 11/3/2021 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 117,966.45 117,966.45 RETIREMENT) 12173 10/31/2021 000444 INSTATAX (EDD) 3RD QTR 2021 UI & ETT PAYMENT 11,929.42 11,929.42 12205 11/12/2021 000262 RANCHO CALIF WATER VARIOUS OCT WATER 3015553 DEER 46,787.39 46,787.39 DISTRICT HOLLOW WY 12212 11/9/2021 017429 COBRAADVANTAGE INC, DBA FSA REIMBURSEMENT PAYMENT 21,110.53 21,110.53 THE ADVANTAGE GROUP 12213 11/9/2021 021301 ICMARETIREMENT-PLAN ICMA-401(A) RETIREMENT PLAN 1,134.62 1,134.62 106474 PAYMENT 12214 11/9/2021 000194 I C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 16,908.86 16,908.86 303355 PAYMENT 12215 11/9/2021 000444 INSTATAX (EDD) STATE TAX PAYMENT 30,258.07 30,258.07 12216 11/9/2021 000283 INSTATAX (IRS) FEDERAL TAX PAYMENT 96,931.49 96,931.49 12217 11/9/2021 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 13,520.36 13,520.36 SOLUTION 12218 11/9/2021 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT 344.39 344.39 SOLUTION PAYMENT 12219 11/9/2021 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 2,851.24 2,851.24 SOLUTION PAYMENT 12220 11/9/2021 000245 PERS - HEALTH INSUR PERS HEALTH PAYMENT 153,219.97 PREMIUM PERS HEALTH PAYMENT 0.00 153,219.97 12222 11/8/2021 000537 SO CALIF EDISON OCT 700240713022 41997 MARGARITA 18.11 18.11 RD 12223 11/8/2021 000537 SO CALIF EDISON OCT 700593904368 46497 WOLF 21.97 21.97 CREEK DR 12224 11/8/2021 000537 SO CALIF EDISON OCT 700593845259 31523 WOLF 22.79 22.79 VALLEY RD 12225 11/8/2021 000537 SO CALIF EDISON OCT 700271963590 42061 MAIN ST 45.93 45.93 Page:1 apChkLst Final Check List Page: 2 11/18/2021 4:39:13PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 12226 11/8/2021 010276 TIME WARNER CABLE 12227 11/8/2021 000537 SO CALIF EDISON 12228 11/8/2021 010276 TIME WARNER CABLE 12229 11/8/2021 000537 SO CALIF EDISON 12230 11/8/2021 010276 TIME WARNER CABLE 12231 11/8/2021 010276 TIME WARNER CABLE 12232 11/8/2021 000537 SO CALIF EDISON 12233 11/8/2021 000537 SO CALIF EDISON 12234 11/8/2021 000537 SO CALIF EDISON 12235 11/8/2021 000537 SO CALIF EDISON 12236 11/8/2021 000537 SO CALIF EDISON 12237 11/8/2021 010276 TIME WARNER CABLE 12238 11/8/2021 000537 SO CALIF EDISON 12239 11/9/2021 000537 SO CALIF EDISON 12240 11/9/2021 000537 SO CALIF EDISON 12241 11/9/2021 000537 SO CALIF EDISON 12242 11/9/2021 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total NOV INTERNET SVCS STA 92 32211 194.34 194.34 WOLF OCT 700047442340 30498 TEMECULA 303.78 303.78 PKWY NOV INTERNET SVCS 29119 324.96 324.96 MARGARITA RD OCT 700622434290 29119 MARGARITA 605.72 605.72 RD NOV INTERNET SVCS 30755 AULD RD 739.07 739.07 NOV INTERNET SVCS 41973 6TH ST 739.07 739.07 OCT 700014812146 41951 MORAGA RD 914.56 914.56 OCT 700295805887 41375 MCCABE CT 940.96 940.96 OCT 700492769845 28575 OLD TOWN 1,239.53 1,239.53 FRONT ST OCT 700138949110 STA 92 32211 WOLF 1,717.49 1,717.49 OCT 700169717813 28690 MERCEDES 2,292.38 2,292.38 ST NOV INTERNET SVCS 41000 MAIN ST 3,457.95 3,457.95 OCT 700562810212 32380 DEER 3,785.49 3,785.49 HOLLOW WY OCT 700593944784 31738 WOLD 17.43 17.43 VALLEY RD OCT 700402997759 45538 REDWOOD 17.60 17.60 RD OCT 700171448958 33451 S HWY 79 65.75 65.75 OCT 700335018442 45850 N WOLF 424.83 424.83 CREEK DR Paget apChkLst 11/18/2021 4:39:13PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 12243 11/9/2021 014486 VERIZON WIRELESS 9/16-10/15 11,061.29 11,061.29 CELLULAR/BROADBAND:CITYWIDE 12244 11/8/2021 001212 SO CALIF GAS COMPANY OCT 125-244-2108-3 30600 PAUBA RD 352.78 352.78 12245 11/8/2021 001212 SO CALIF GAS COMPANY OCT 095-167-7907-2 30650 PAUBA RD 156.34 156.34 12246 11/9/2021 001212 SO CALIF GAS COMPANY OCT 021-725-0775-4 41845 6TH ST 140.49 140.49 12247 11/9/2021 001212 SO CALIF GAS COMPANY OCT 091-024-9300-5 30875 RANCHO 2,869.47 2,869.47 VISTA RD 12248 11/9/2021 001212 SO CALIF GAS COMPANY OCT 181-383-8881-6 28314 MERCEDES 38.86 38.86 ST 12249 11/9/2021 001212 SO CALIF GAS COMPANY OCT 129-535-4236-7 41000 MAIN ST 2,448.04 2,448.04 12250 11/9/2021 001212 SO CALIF GAS COMPANY OCT 129-582-9784-3 43230 BUSINESS 77.57 77.57 PARK 12251 11/9/2021 001212 SO CALIF GAS COMPANY OCT 196-025-0344-3 42081 MAIN ST 46.79 46.79 12252 11/9/2021 001212 SO CALIF GAS COMPANY OCT 101-525-0950-0 28816 PUJOL ST 32.40 32.40 12253 11/9/2021 001212 SO CALIF GAS COMPANY OCT 028-025-1468-3 41375 MCCABE CT 25.94 25.94 12254 11/9/2021 001212 SO CALIF GAS COMPANY OCT 060-293-3315-7 28922 PUJOL ST 19.49 19.49 12255 11/9/2021 001212 SO CALIF GAS COMPANY OCT 026-671-2909-8 42051 MAIN ST. 85.64 85.64 12256 11/9/2021 001212 SO CALIF GAS COMPANY OCT 133-040-7373-0 43210 BUSINESS 22.73 22.73 PARK 12270 11/10/2021 000537 SO CALIF EDISON OCT 700505220908 45610 PECHANGA 35.26 35.26 PKWY 12271 11/10/2021 000537 SO CALIF EDISON OCT 700454673905 40750 115.75 115.75 BUTTERFIELD STG 12272 11/10/2021 000537 SO CALIF EDISON OCT 700404043945 45303 REDWOOD 141.10 141.10 RD Page:3 apChkLst 11/18/2021 4:39:13PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 12273 11/10/2021 000537 SO CALIF EDISON OCT 700039456210 46146 WOLF 227.83 227.83 CREEK DR 12274 11/10/2021 000537 SO CALIF EDISON OCT 700395478239 30013 RANCHO CAL 1,484.71 1,484.71 RD 12275 11/10/2021 000537 SO CALIF EDISON OCT 700385358210 30600 PAUBA RD 8,764.09 8,764.09 12276 11/15/2021 010276 TIME WARNER CABLE NOV INTERNET SVCS 40820 5.32 5.32 WINCHESTER RD 12277 11/12/2021 001212 SO CALIF GAS COMPANY OCT 117-188-6393-6 32131 S LOOP RD 133.51 133.51 12278 11/10/2021 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS THEATRE 150.98 150.98 12279 11/12/2021 001212 SO CALIF GAS COMPANY OCT 101-525-1560-6 27415 120.63 120.63 ENTERPRISE CIR 12280 11/12/2021 001212 SO CALIF GAS COMPANY OCT 098-255-9828-8 29119 MARGARITA 21.29 21.29 RD 12281 11/16/2021 000537 SO CALIF EDISON OCT 700619554097 30051 RANCHO 0.35 0.35 VISTA RD 12282 11/16/2021 000537 SO CALIF EDISON OCT 700581895061 29028 OLD TOWN 17.21 17.21 FRONT ST 12283 11/16/2021 000537 SO CALIF EDISON OCT 700418750458 31777 DE PORTOLA 17.25 17.25 RD 12284 11/16/2021 000537 SO CALIF EDISON OCT 700251991189 45602 REDHAWK 20.89 20.89 PKWY 12285 11/16/2021 000537 SO CALIF EDISON OCT 700390905802 28301 RANCHO CAL 24.74 24.74 RD 12286 11/16/2021 000537 SO CALIF EDISON OCT 700503663349 28916 PUJOL ST 41.70 41.70 12287 11/16/2021 000537 SO CALIF EDISON OCT 700503770150 28922 PUJOL ST 96.50 96.50 12288 11/16/2021 000537 SO CALIF EDISON OCT 700572390172 46899 REDHAWK 128.85 128.85 PKWY 12289 11/16/2021 000537 SO CALIF EDISON OCT 700306036256 31454 TEMECULA 134.72 134.72 PKWY Page:4 apChkLst 11/18/2021 4:39:13PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 12290 11/16/2021 000537 SO CALIF EDISON OCT 700037888042 32005 MURRIETA 136.59 136.59 HOT SPR 12291 11/16/2021 000537 SO CALIF EDISON OCT 700116582930 44205 MAIN ST 160.50 160.50 12292 11/16/2021 000537 SO CALIF EDISON OCT 700213755712 28816 PUJOL ST 641.67 641.67 12293 11/16/2021 000537 SO CALIF EDISON OCT 700052349631 42081 MAIN ST 1,707.31 1,707.31 12294 11/16/2021 000537 SO CALIF EDISON OCT 700173434428 42051 MAIN ST 4,209.36 4,209.36 12295 11/16/2021 000537 SO CALIF EDISON OCT 700025717269 30875 RANCHO 4,430.93 4,430.93 VISTA RD 12296 11/16/2021 000537 SO CALIF EDISON OCT 600001509166 27220 JEFFERSON 9,885.32 9,885.32 AVE 12297 11/16/2021 010276 TIME WARNER CABLE NOV INTERNET SVCS 41000 MAIN ST 743.98 743.98 12298 11/16/2021 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS EOC 156.28 156.28 102104 11/10/2021 022729 REVIVE WINDOW CLEANING REFUND: DUPLICATE AB1379 FEE 4.00 4.00 CHARGED 207334 11/18/2021 003552 AFLAC PREMIUM HOLDING, AFLAC ACCIDENT INDEMNITY 3,790.56 3,790.56 C/O BNB BANK LOCKBOX PAYMENT 207335 11/18/2021 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES: STREET MAINT: 1,100.32 PW ASPHALT SUPPLIES: STREET MAIN- 547.69 ASPHALT SUPPLIES: STREET MAIN- 537.86 2,185.87 207336 11/18/2021 010905 ALLIED TRAFFIC & LIGHT TOWER RENTAL: SPEC EVENT: 1,320.00 1,320.00 EQUIPMENT, RENTALS INC TCSD 207337 11/18/2021 006915 ALLIES PARTY EQUIPMENT, RENTAL EQPMNT: PUESKA DAY: CTY 1,416.66 1,416.66 RENTAL INC MGR 207338 11/18/2021 007282 AMAZON CAPITAL SERVICES MISC SUPPLIES: TCC: TCSD 693.08 INC REC SUPPLIES: CRC: TCSD 192.60 MISC OFC SUPPLIES: CITY CLERK 97.97 REC SUPPLIES: CRC: TCSD 71.76 MISC OFC SUPPLIES: PREVENTION 34.00 MISC OFC SUPPLIES: PREVENTION 13.04 1,102.45 Page:5 apChkLst 11/18/2021 4:39:13PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 207339 11/18/2021 017149 B G P RECREATION INC TCSD INSTRUCTOR EARNINGS 10,080.00 10,080.00 207340 11/18/2021 007065 B&H PHOTO & ELECTRONICS MISC AV EQUIPMENT: PEG SUPPLIES 705.28 705.28 CORP 207341 11/18/2021 013105 BACKHAUSDANCE PERF AGREEMENT PMT: 5,000.00 5,000.00 BACKHAUSDANCE 207342 11/18/2021 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRPTL: TCSD 465.73 BOOK COLLECTIONS: RHRPTL: TCS 421.32 BOOK COLLECTIONS: RHRPTL: TCS 18.53 BOOK COLLECTIONS: RHRPTL: TCS 11.41 BOOK COLLECTIONS: RHRPTL: TCS 9.54 BOOK COLLECTIONS: RHRPTL: TCE 8.27 934.80 207343 11/18/2021 006254 BALLET FOLKLORICO, AKA TCSD INSTRUCTOR EARNINGS 426.30 426.30 LORENA HANCOCK 207344 11/18/2021 015592 BAMM PROMOTIONAL STAFF UNIFORMS: CONTRACT 654.41 654.41 PRODUCTS INC CLASSES:TCSD 207345 11/18/2021 018185 BLUEBEAM INC SFTWR RENEWAL: BUILDING & 6,940.00 6,940.00 SAFETY 207346 11/18/2021 000647 CALIF DEPT OF CONSUMER LICENSE RENEWAL: ODVIAR, AVLIN 180.00 180.00 AFFAIRS 207347 11/18/2021 004462 CDW LLC, DBACDW KEYBOARD & MOUSE REPLACEMENT: 171.93 GOVERNMENT LLC IT KEYBOARD & MOUSE REPLACEMEr 145.64 MISC SMALL TOOLS & EQUIP: INFO 133.98 451.55 207348 11/18/2021 022709 COMPUTERSHARE MRAP MORTGAGE GRANT RECIPIENT 1,558.71 1,558.71 MORTGAGE SRV INC, 3/3 SPECIALIZED LOAN SRV LLC 207349 11/18/2021 014521 COSTAR REALTY NOV'21 WEB SUBSCRIPTION: ECO 1,200.00 1,200.00 INFORMATION INC DEV 207350 11/18/2021 004329 COSTCO TEMECULA491 MISC SUPPLIES: TVM/ACE: TCSD 152.10 152.10 207351 11/18/2021 004194 D L T SOLUTIONS, LLC ARCH ENG/CONS COLLECTION SW 8,195.48 8,195.48 RENEWAL: PW 207352 11/18/2021 013109 ESPINOZA, NORMA REIMBURSEMENT: TEAM PACE EVENT 265.00 265.00 Page:6 apChkLst Final Check List Page: 7 11/18/2021 4:39:13PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 207353 11/18/2021 022726 FORENSIC NURSING OF SOCAL INC (Continued) Description SART EXAM: TEM SHERIFF 207354 11/18/2021 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 KRACH, BREE - CASE# 603016103 KRACH, BREE - CASE# 603016103 KRACH, BREE - CASE# 603016103 207355 11/18/2021 014115 GAMBLING COWBOY PUESKA MTN DAY EVENT: CITY MGR CHOPHOUSE, THE OFC 207356 11/18/2021 010452 GAYLORD BROS INC MISC SUPPLIES: TVM/ACE: TCSD MISC SUPPLIES: TVM/ACE: TCSD 207357 11/18/2021 022695 GUILD MORTGAGE COMPANY MRAP MORTGAGE GRANT RECIPIENT LLC 3/3 207358 11/18/2021 010530 1 P C INDUSTRIES INC, DBA: GOLF CART RENTALS: SPECIAL PRESTIGE GOLF CARS EVENTS: TCSD 207359 11/18/2021 022569 INLAND FLEET SOLUTIONS INC VEHICLE & EQUIP REPAIRS: STREETS: PW VEHICLE & EQUIP REPAIRS: STREE 207360 11/18/2021 000750 INTOXIMETERS INC INTOXIMETER MOUTH PIECE: PD 207361 11/18/2021 013286 INTRADO LIFE & SAFETY INC NOV ENTERPRISE 911 SVC: IT 207362 11/18/2021 017118 KRACH BREE B, DBA TEMECULA TROPHY & DES 207363 11/18/2021 015953 LLOYDS DESIGNS TROPHIES/AWARDS/PLAQUES: SPEC EVENTS PROMOTIONAL ITEMS: CITY MGR O CREDIT: CREDIT: CREDIT: CREDIT: DESIGN SVCS: TCSD 207364 11/18/2021 003782 MAIN STREET SIGNS, DBA OVERHEAD STREET NAME REPL ATHACO INC PRGM: PW OVERHEAD STREET NAME REPL PF 207365 11/18/2021 021434 MATRIX TELECOM LLC DBA OCT 800 SERVICES: CIVIC CENTER LINGO 207366 11/18/2021 022023 NETWRIX CORPORATION SFTWRE: CLASSIFICATION/SECURITY DATA: IT Amount Paid 1,200.00 728.90 51.66 6.80 3.40 1,906.25 125.19 39.96 2,033.47 2,587.75 519.75 115.50 74.34 300.00 2,915.59 206.63 -3.40 -6.80 -51.66 -728.90 2,000.00 22,627.50 22,627.50 68.82 8,185.65 Check Total 1,200.00 790.76 1,906.25 165.15 2,033.47 635.25 74.34 300.00 2,331.46 2,000.00 45,255.00 68.82 8,185.65 Page:7 apChkLst 11/18/2021 4:39:13PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 207367 11/18/2021 000209 NUTRIEN AG SOLUTIONS INC, EQUIPMENT REPAIR: STREET MAINT: 174.63 174.63 DBA CROP PRODUCTION PW SRVCS 207368 11/18/2021 022694 PLANET HOME LENDING LLC MRAP MORTGAGE GRANT RECIPIENT 1,833.82 1,833.82 3/3 207369 11/18/2021 018830 PLANGEA INC RASHGUARDS: AQUATICS 1,070.56 1,070.56 207370 11/18/2021 006759 RICHIE'S REAL AMERICAN RFRSHMNT: HIGH HOPES: 609.00 609.00 DINER THANSKSGIVING: TCS 207371 11/18/2021 006759 RICHIE'S REAL AMERICAN RFRSHMNT: SKIP THANSKSGIVING 380.63 380.63 DINER EVENT: TCSD 207372 11/18/2021 000418 RIVERSIDE CO CLERK AND, NOE MARGARITA DOG PARK EXP: 50.00 50.00 RECORDER LR21-1443 207373 11/18/2021 000268 RIVERSIDE CO HABITAT, OCT'21 K-RAT PAYMENT 6,160.00 6,160.00 CONSERVATION AGENCY 207374 11/18/2021 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 11/06 624.75 624.75 TEMECULA MUSIC ACADEMY 207375 11/18/2021 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: HALLOWEEN 220.00 PRESTON CARNIVAL PHOTOGRAPHY SVCS:TEMECULA C 200.00 420.00 207376 11/18/2021 017814 STC TRAFFIC INC SEP TRAFFIC ENG: LRSP, PW21-02 5,370.00 5,370.00 207377 11/18/2021 022489 STILGEBOUER, JASON, DBA CRUISING THROUGH TEMECULA 300.00 300.00 DUSTY SUMMIT PHOTO SERIES 207378 11/18/2021 012789 STUART, JENNIFER SARAH TCSD INSTRUCTOR EARNINGS 10,290.00 10,290.00 207379 11/18/2021 019494 SUPPORT WAREHOUSE HP SUPPORT WARRANTY: LIBRARY 1,055.00 1,055.00 LIMITED 207380 11/18/2021 009948 TEMECULA PERFORMING STTLMNT: MARY POPPINS: 11/5-14 35,637.64 35,637.64 ARTS CO 207381 11/18/2021 017295 TEMECULA PIZZA FACTORY, RFREHMNTS: SPECIAL EVENTS: TCSD 657.33 657.33 DBA PF INDUSTRIES LLC 207382 11/18/2021 019100 TNT ENTERTAINMENT GROUP DEPOSIT: WINTER CHILL: TCSD 22,500.00 22,500.00 LLC Page:8 apChkLst Final Check List Page: 9 11/18/2021 4:39:13PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 207383 11/18/2021 002702 USPS - POC, OCT'21 POSTAGE METER DEPOSIT 1,172.92 1,172.92 ACCOUNT#8089685 207384 11/18/2021 007987 WALMART REC SUPPLIES: TEEN ZONE/CRC 398.14 REC SUPPLIES: TEEN ZONE/CRC 215.85 REC SUPPLIES: CRC: TCSD 101.31 MISC SUPPLIES: TCM/ACE: TCSD 36.09 751.39 207385 11/18/2021 000621 WESTERN RIVERSIDE FY20/21 CLEAN CITIES COALITION 10,000.00 COUNCIL OF, GOVERNMENTS DUES (WRCOG) FY20-21 AB 939 DUES/SOLID WASTE 7,911.79 17,911.79 Grand total for UNION BANK: 803,051.48 Pages apChkLst Final Check List Page: 10 11/18/2021 4:39:13PM CITY OF TEMECULA 129 checks in this report. Grand Total All Checks: 803,051.48 Page:10 apChkLst 11/19/2021 3:19:35PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 207386 11/19/2021 021522 AGILITY KIDS LLC TCSD INSTRUCTOR EARNINGS 5,324.20 5,324.20 207387 11/19/2021 007282 AMAZON CAPITAL SERVICES MISC EQUIP: BC/CHIEF: FIRE 107.58 107.58 INC 207388 11/19/2021 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRPTL: TCSD 166.32 BOOK COLLECTIONS: RHRPTL: TCS 88.71 BOOK COLLECTIONS: RHRPTL: TCS 58.65 BOOK COLLECTIONS: RHRPTL: TCS 39.03 BOOK COLLECTIONS: RHRPTL: TCS 21.24 373.95 207389 11/19/2021 011920 MASTER CONCEPTS LLC, DBA TCSD INSTRUCTOR EARNINGS 17,740.63 17,740.63 MASTER SPORTS 207390 11/19/2021 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LIBRARY 82.73 82.73 207391 11/19/2021 014027 RIVERSIDE CO ECO DEV STAFFING: LIBRARY 34,580.00 34,580.00 AGENCY, LIBRARY DIV 207392 11/19/2021 022715 RIVERSIDE CO PUBLIC SEPT EMERG RADIO RENTALS: 1,970.28 1,970.28 SAFETY, ENTERPRISE POLICE COMMUNICATION 207393 11/19/2021 017699 SARNOWSKI SHAWNA M HUMAN SVCS EVENT: MPSC: TCSD 170.00 PRESTON HUMAN SVCS EVENTS: MPSC: TCS[ 170.00 PHOTOGRAPHY SVCS: TVM: TCSD 170.00 510.00 207394 11/19/2021 017113 SCHOLASTIC LIBRARY MISC BOOKS: RHRTPL - TCSD 31.29 31.29 PUBLISHING, 207395 11/19/2021 000519 SOUTH COUNTY PEST PEST CONTROL SRVCS: FIRE STA 73 68.00 68.00 CONTROL INC 207396 11/19/2021 021242 TWOS COMPANY INC PRODUCTS/MERCHANDISE: TVM: 1,340.96 TCSD PRODUCTS/MERCHANDISE: TVM: T1 81.20 1,422.16 207397 11/19/2021 022037 U.S. MASTERS SWIMMING INC 10/1/21-12/31/22 AGENCY MBRSHP 60.00 60.00 Grand total for UNION BANK: 62,270.82 Page:1 apChkLst Final Check List Page: 2 11/19/2021 3:19:35PM CITY OF TEMECULA 12 checks in this report. Grand Total All Checks: 62,270.82 Paget apChkLst 11/23/2021 1:38:45PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 12221 11/16/2021 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 119,360.51 119,360.51 RETIREMENT) 12258 11/9/2021 006887 UNION BANK OF CALIFORNIA 000293 STADIUM PIZZA INC MW RFRSHMNTS: OUTREACH RECAP 166.98 MTG 007987 WALMART MW SUPPLIES: HELP CTR 46.71 022445 O'REILLYAUTO PARTS MW SUPPLIES: CITY VEHICLE 19.56 233.25 12259 11/9/2021 006887 UNION BANK OF CALIFORNIA 000609 DOUBLETREE HOTEL ZH LODGING: CA NARCOTICS ASSOC: 341.07 PD 022725 RIVERSIDE COUNTY LAW, ZH REGIST: ANNUAL CONF: HALL 50.00 391.07 ENFORCEMENT ADMINISTRATOR 12265 11/9/2021 006887 UNION BANK OF CALIFORNIA 000175 GOVERNMENT FINANCE JH AWARD APPLICATION FEE: 665.00 OFFICERS, ASSOCIATION, FINANCE GFOA 022009 GOVERNMENT TAX SEMINARS JH WEBINAR: TAX GOV'T TAX: 410.00 LLC RAMIREZ 000154 C S M F O JH AWARD APPLICATION FEE: 150.00 FINANCE 000154 C S M F O JH AWARD APPLICATION FEE: 150.00 FINANCE 006952 PAYPAL JH VERISIGN PAYFLOW PRO 25.00 1,400.00 TRANSACTION 12299 11/17/2021 005460 U S BANK FY 21/22 PARS CONTRIBUTION 2,000,000.00 2,000,000.00 12300 11/19/2021 000262 RANCHO CALIF WATER VARIOUS OCT WATER 3026656 31367 11,904.56 11,904.56 DISTRICT LA 12302 11/17/2021 000537 SO CALIF EDISON OCT 700618534991 30395 MURRIETA 34.50 34.50 HOT SPR 12303 11/17/2021 000537 SO CALIF EDISON OCT 700367835663 28582 HARVESTON 453.53 453.53 DR 12304 11/18/2021 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS LIBRARY 5.31 5.31 12305 11/18/2021 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS LIBRARY 5.31 5.31 12306 11/22/2021 000537 SO CALIF EDISON OCT 700030933344 26706 YNEZ RD 70.88 70.88 Page-1 apChkLst Final Check List Page: 2 11/23/2021 1:38:45PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 12307 11/22/2021 000537 SO CALIF EDISON OCT 700145715868 30499 RANCHO CAL RD 12308 11/22/2021 000537 SO CALIF EDISON OCT 700246548782 26953 YNEZ RD 12309 11/22/2021 000537 SO CALIF EDISON OCT 700246573943 26953 YNEZ RD 12310 11/22/2021 000537 SO CALIF EDISON OCT 700475634086 26036 YNEZ RD 12311 11/22/2021 000537 SO CALIF EDISON OCT 700036969370 40820 WINCHESTER RD 12312 11/22/2021 000537 SO CALIF EDISON OCT 700408183926 40233 VILLAGE RD 12314 11/19/2021 010276 TIME WARNER CABLE NOV INTERNET SVCS 32131 S LOOP RD 12315 11/22/2021 002390 EASTERN MUNICIPAL WATER OCT WATER SVCS MURRIETA HOT DIST SPRINGS 12316 11/22/2021 002390 EASTERN MUNICIPAL WATER OCT WATER SVCS MURRIETA HOT DIST SPRINGS 12317 11/22/2021 002390 EASTERN MUNICIPAL WATER OCT WATER SVCS 39569 SERAPHINA DIST RD 12318 11/22/2021 010276 TIME WARNER CABLE NOV INTERNET SVCS 41000 MAIN ST 12319 11/24/2021 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT SUPPORT 12324 11/24/2021 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 12325 11/24/2021 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 12326 11/24/2021 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 207398 11/23/2021 021522 AGILITY KIDS LLC TCSD INSTRUCTOR EARNINGS Amount Paid Check Total 109.29 109.29 114.03 114.03 211.12 211.12 432.36 432.36 688.63 688.63 2,324.30 2,324.30 250.66 250.66 35.10 35.10 152.79 152.79 233.57 233.57 280.91 280.91 462.52 462.52 12,250.00 12,250.00 344.39 344.39 2,702.98 2,702.98 5,324.20 5,324.20 Paget apChkLst 11/23/2021 1:38:45PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 207399 11/23/2021 007282 AMAZON CAPITAL SERVICES MISC OFC SUPPLIES: STOREFRONT: 203.26 INC PD ADA/CASP INSPECTOR TOOLS: BLDG & SFTY 146.93 MISC ERGO SMALL TOOLS/EQUIPMENT: RISK 117.83 MISC ERGO SMALL TOOLS/EQUIPMENT: RISK 105.81 MISC OFC SUPPLIES: HR 89.67 MISC OFC SUPPLIES: HR 85.24 MISC SMALL TOOLS/EQUIPMENT: EOC 73.92 822.66 207400 11/23/2021 022738 AVILA, ALEJANDRO REFUND: DUPLICATE LIFESCAN FEE 61.00 61.00 207401 11/23/2021 004241 CALIF DEPT OF STATE REMITTANCE OF AB1379 - QE SEP 214.80 214.80 ARCHITECT 2021 207402 11/23/2021 004241 CALIF DEPT OF STATE REMITTANCE OF SB1186 - QE SEP 0.60 0.60 ARCHITECT 2021 207403 11/23/2021 021851 CALIF NEWSPAPERS OCT PUBLIC NTCAD: CITY CLERK 1,153.00 1,153.00 PARTNERSHIP, DBA SO CALIF NEWS GROUP 207404 11/23/2021 004462 CDW LLC, DBA CDW MICROSOFT ENT LICENSE RENEWAL: 213,448.66 213,448.66 GOVERNMENT LLC INFO TECH 207405 11/23/2021 017429 COBRAADVANTAGE INC, DBA OCT FSA & COBRAADMIN: HR 608.20 608.20 THE ADVANTAGE GROUP 207406 11/23/2021 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 18.22 18.22 207407 11/23/2021 017118 KRACH BREE B, DBA ENGRAVING SVCS: HR 27.19 TEMECULA TROPHY& DES ENGRAVING SVCS: HR 13.59 CREDIT: -18.22 22.56 SEP HR LEGAL SVCS FOR 207408 11/23/2021 004905 LIEBERT, CASSIDY AND 546.40 546.40 W H ITMORE TE060-00001 DOT Testing: HR 207409 11/23/2021 018099 NATIONAL SAFETY 234.85 234.85 COMPLIANCE INC PETTY CASH REIMBURSEMENT 207410 11/23/2021 000249 PETTY CASH 1,031.19 1,031.19 PHOTOGRAPHY: CITY-HLLWN: TEAM 207411 11/23/2021 017699 SARNOWSKI SHAWNA M PACE 200.00 200.00 PRESTON AUG PEST CONTROL: FOC 207412 11/23/2021 000519 SOUTH COUNTY PEST 52.00 52.00 CONTROL INC Page.-3 apChkLst Final Check List Page: 4 11/23/2021 1:38:45PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 207413 11/23/2021 008337 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: THEATER MISC OFC SUPPLIES: OLD TOWN: PD MISC OFC SUPPLIES: THEATER MISC OFC SUPPLIES: RHRTPL: TCSD MISC OFC SUPPLIES: RHRTPL: TCSD 207414 11/23/2021 010046 TV CONVENTION &VISITORS SEP'21 BUS. IMPRV DISTRICT BUREAU, DBA VISIT TEMECULA ASMNTS VALLEY 207415 11/23/2021 002110 UNITED RENTALNORTH MISC SUPPLIES: STREET MAINT: PW AMERICA INC 207416 11/23/2021 008668 WES FLOWERS SUNSHINE FUND 207417 11/23/2021 021148 WEX BANK 10/7-11/6 FUEL USAGE: POLICE Amount Paid Check Total 130.49 108.00 77.70 42.74 7.96 366.89 182, 987.29 182, 987.29 423.00 423.00 99.49 99.49 1,776.25 1,776.25 Grand total for UNION BANK: 2,563,842.83 Page:4 apChkLst Final Check List Page: 5 11/23/2021 1:38:45PM CITY OF TEMECULA 46 checks in this report. Grand Total All Checks: 2,563,842.83 Page:5 apChkLst Final Check List Page: 1 11/23/2021 4:42:11PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 207418 11/23/2021 013482 SILVERMAN ENTERPRISES INC, DBA BAS SECURITY Description Amount Paid Check Total 11/12-11/19 AFTER HRS SECURITY: 3,872.00 TCSD 10/21-11/11 AFTER HRS SECURITY: TCSC 3,318.00 SECURITY SVCS: LIBRARY: TCSD 1,584.00 Grand total for UNION BANK 8,774.00 8,774.00 Page:1 apChkLst Final Check List Page: 2 11/23/2021 4:42:11PM CITY OF TEMECULA checks in this report. Grand Total All Checks: 8,774.00 Paget apChkLst 11/23/2021 12:35:13PM Final Check List CITY OF TEMECULA Page: 1 Bank: eunion EFT UNION BANK Check # Date Vendor Description Amount Paid Check Total 501387 11/26/2021 016450 AIR EXCHANGE INC PLYMOVENT MAINT: FIRE STA95 353.11 353.11 501388 11/26/2021 005037 AMERICAN ASPHALT SOUTH CITYWIDE SLURRY SEAL PGM 388,404.15 388,404.15 INC PW21-01 501389 11/26/2021 004240 AMERICAN FORENSIC NURSES DRUG/ALCOHOL ANALYSIS: TEM 361.20 361.20 AFN SHERIFF 501390 11/26/2021 013950 AQUA CHILL OF SAN DIEGO NOV DRINKING WTR MAINT: CIVIC 212.00 CTR NOV DRINKING WTR MAINT: PD STOREF 61.96 NOV DRINKING WTR SYS MAINT: AULD F 61.96 335.92 501391 11/26/2021 021588 BRAUN PETER, DBA NOV PLANTSCAPE SVCS: CIVIC CTR 500.00 TEMECULA PLANTSCAPE NOV PLANTSCAPE SVCS: TPL 200.00 700.00 501392 11/26/2021 022596 CITYGATE ASSOCIATES LLC PROF SVC AGREEMENT: PD 5,475.75 5,475.75 ASSESSMENT 501393 11/26/2021 020648 DG INVESTMENT HOLDINGS 2 PREVENTATIVE MAINT: SECURITY 94,666.00 INC, CONVERGINT SYS: INFO T TECHNOLOGIES SURVEILLANCE SYS GENETEC LIC: INF( 29,053.50 PREVENTATIVE MAINT: SECURITY SYS: 17,510.00 141,229.50 501394 11/26/2021 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARK 1,381.90 MAINT: PW FUEL FOR CITY VEHICLES: STREET MAI 1,368.19 FUEL FOR CITY VEHICLES: TRAFFIC: PN 404.26 FUEL FOR CITY VEHICLES: FIRE DEPT 316.54 FUEL FOR CITY VEHICLES: EOC 172.89 FUEL FOR CITY VEHICLES: CIP: PW 155.36 FUEL FOR CITY VEHICLES: LAND DEV: F 129.75 3,928.89 501395 11/26/2021 020904 ECONOMIC ALTERNATIVES INC NOV CONDENSER WTR SYS PM: CIVIC 538.67 538.67 CTR 501396 11/26/2021 018098 ELITE CLAIMS MANAGEMENT OCT'21 3RD PARTY CLAIM ADMIN: 1,250.00 1,250.00 INC WRKRS COM 501397 11/26/2021 002577 ENGINEERING RESOURCES, ENG CONSULT SVCS: OVERLAND: 5,462.09 5,462.09 OF SOUTHERN CALIF., INC. PW20-11 501398 11/26/2021 020628 HASA INC POOL SANITIZING CHEMICALS: 485.52 485.52 VARIOUS POOLS 501399 11/26/2021 020673 INTEGRITY SUPPORT PRE -EMPLOYMENT SCREENINGS - HR 263.37 SERVICES INC, EMPLOYMENT SCREENING RESO PRE -EMPLOYMENT SCREENINGS - HR 200.01 463.38 Page:1 apChkLst 11/23/2021 12:35:13PM Final Check List CITY OF TEMECULA Page: 2 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 501400 11/26/2021 019085 INTERPRETERS UNLIMITED INTERPRETER SVCS: TEM SHERIFF 52.00 52.00 INC 501401 11/26/2021 003726 LIFE ASSIST INC EMERGENCY MEDICAL SUPPLY: 917.58 MEDIC: FIRE EMERGENCY MEDICAL SUPPLY: MEDIC: 110.14 EMERGENCY MEDICAL SUPPLY: MEDIC: 36.71 1,064.43 501402 11/26/2021 018675 MDG ASSOCIATES INC OCT CDBG - LABOR COMPLIANCE 1,085.63 1,085.63 PW20-08 501403 11/26/2021 018314 MICHAEL BAKER DSGN SVCS: TEMECULA PKWY 2,938.00 2,938.00 INTERNATIONAL PW 18-11 501404 11/26/2021 004951 MIKE'S PRECISION WELDING WELDING SVCS: CRC 60.00 60.00 INC 501405 11/26/2021 004040 MORAMARCO ANTHONY J, MERCHANDISE/FACE PAINTING: SPEC 5,000.00 DBA BIGFOOT GRAPHICS EVENTS TCSD INSTRUCTOR EARNINGS 1,113.00 HOLIDAY WINDOW PAINTING: MPSC 350.00 6,463.00 501406 11/26/2021 019019 MUSIC CONNECTION LLC TIX: SPEAKEASY AT THE MERC 11/13 642.60 642.60 501407 11/26/2021 021998 OLD TOWN TIRE AND SERVICE VEH MAINT & REPAIR: STREET MAINT: 963.65 963.65 INC PW 501408 11/26/2021 002412 RICHARDS WATSON AND SEPT 2021 LEGAL SERVICES 39,052.54 39,052.54 GERSHON 501409 11/26/2021 004274 SAFE AND SECURE LOCKSMITH SRVCS: POLICE 25.00 LOCKSMITH SRVC SUBSTATION LOCKSMITH SRVCS: SUBSTATION 25.00 50.00 501410 11/26/2021 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 11/11/21 520.00 520.00 501411 11/26/2021 021580 TOWNSEND PUBLIC AFFAIRS NOV CONSULTING SVCS: CITY CLERK 6,000.00 6,000.00 INC 501412 11/26/2021 011351 TRITECH SOFTWARE 10/10-16 REPORT WRITING: INFO 2,025.00 SYSTEMS TECH 8/29-9/11 REPORT WRITING: INFO TECH 675.00 2,700.00 501413 11/26/2021 008977 VALLEY EVENTS INC MUSIC FOR 2ND SAT: SWITZERLAND 700.00 11/13 MUSIC FOR MERC RECEPTION 11/12/21 500.00 1,200.00 501414 11/26/2021 018147 WADDLETON, JEFFREY L. TCSD INSTRUCTOR EARNINGS 273.00 273.00 501415 11/26/2021 003730 WEST COAST ARBORISTS INC TREE TRIMMING: HARVESTON SLOPE 544.00 544.00 Paget apChkLst Final Check List Page: 3 11/23/2021 12:35:13PM CITY OF TEMECULA Grand total for EFT UNION BANK: 612,597.03 Page:3 apChkLst Final Check List Page: 4 11/23/2021 12:35:13PM CITY OF TEMECULA 29 checks in this report. Grand Total All Checks: 612,597.03 Page:4 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: December 14, 2021 SUBJECT: Approve City Treasurer's Report as of August 31, 2021 PREPARED BY: Rudy J. Graciano, Fiscal Services Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of August 31, 2021. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of August 31, 2021. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of August 31, 2021 City of Temecula Portfolio Managment Treasury Report 41000 Main Street AW Portfolio Management Temecula, CA 92590 (951)694-6430 Portfolio Summary August 31, 2021 Par Market Book % of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 41,775,586.86 41,775,586.86 41,775,586.86 22.59 1 1 0.070 0.071 Retention Escrow Account 720,017.06 720,017.06 720,017.06 0.39 1 1 0.068 0.069 Letter of Credit 2.00 2.00 2.00 0.00 1 1 0.000 0.000 Trust Accounts 17,411,920.99 17,411,920.99 17,411,920.99 9.42 1 1 17.033 17.270 Local Agency Investment Funds 106,008,250.21 106,017,045.72 106,008,250.21 57.33 1 1 0.334 0.339 Federal Agency Callable Securities 14,000,000.00 14,011,000.00 14,000,000.00 7.57 1,598 1,372 0.786 0.797 Federal Agency Bullet Securities 5,000,000.00 5,055,170.00 5,000,000.00 2.70 1,132 379 1.897 1.923 184,915,777.12 184,990,742.63 184,915,777.12 100.00% 152 115 1.923 1.949 Investments Cash Passbook/Checking 4,859,614.47 4,859,614.47 4,859,614.47 1 1 0.000 0.000 (not included in yield calculations) Total Cash and Investments 189,775,391.59 189,850,357.10 189,775,391.59 152 115 1.923 1.949 Total Earnings August 31 Month Ending Fiscal Year To Date Current Year 374,446.05 752,302.49 Average Daily Balance 176,200,522.75 179,620,996.36 Effective Rate of Return 2.50% 2.47% Reporting period 08/01/2021-08/31/2021 Portfolio TEME Data Updated: SET_MTH: 11/16/2021 17:21 NL! CP Run Date: 11/16/2021 - 17:21 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments August 31, 2021 Page 1 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 233358001-6 01-2 BOND F First Amer Govt Oblig Fund Cl 5,513.38 5,513.38 5,513.38 0.020 0.020 0.020 1 233358006-6 01-2 REF RES First Amer Govt Oblig Fund Cl 503,309.72 503,309.72 503,309.72 0.020 0.020 0.020 1 233358000-6 01-2 REF ST First Amer Govt Oblig Fund Cl 869,217.62 869,217.62 869,217.62 0.020 0.020 0.020 1 276213009-6 03-02 COI First Amer Govt Oblig Fund Cl 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 276213008-6 03-02 IMPR First Amer Govt Oblig Fund Cl 517.26 517.26 517.26 0.020 0.020 0.020 1 276213006-6 03-02 RES First Amer Govt Oblig Fund Cl 741,182.50 741,182.50 741,182.50 0.020 0.020 0.020 1 164741002-6 03-03 BOND F First Amer Govt Oblig Fund Cl 118,421.34 118,421.34 118,421.34 0.020 0.020 0.020 1 164741008-6 03-03IMP First Amer Govt Oblig Fund Cl 194,113.56 194,113.56 194,113.56 0.020 0.020 0.020 1 164741006-6 03-03RES First Amer Govt Oblig Fund Cl 07/01/2021 0.30 0.30 0.30 0.000 0.000 1 164741000-6 03-03SPEC First Amer Govt Oblig Fund Cl 1,667,644.92 1,667,644.92 1,667,644.92 0.020 0.020 0.020 1 164742002-6 03-06 BOND F First Amer Govt Oblig Fund Cl 25,002.57 25,002.57 25,002.57 0.020 0.020 0.020 1 164742000-6 03-06SPEC First Amer Govt Oblig Fund Cl 256,682.15 256,682.15 256,682.15 0.020 0.020 0.020 1 229462007-6 03-1 2012 RF First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 229462002--6 03-1 BOND FD First Amer Govt Oblig Fund Cl 2,587.22 2,587.22 2,587.22 0.020 0.020 0.020 1 229462009-6 03-1 COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 229462006-6 03-1 RESERV First Amer Govt Oblig Fund Cl 17,218.61 17,218.61 17,218.61 0.020 0.020 0.020 1 229462000-6 03-1 SPECF First Amer Govt Oblig Fund Cl 733,992.66 733,992.66 733,992.66 0.020 0.020 0.020 1 94669921-6 03-1ACQ11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 94669911-6 03-1ACQA11 First Amer Govt Oblig Fund Cl 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 94669917-6 03-1 RES First Amer Govt Oblig Fund Cl 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 94669916-6 03-1 RESB11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669000-6 03-1 SPTAX11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 276213002-6 03-2 REFU First Amer Govt Oblig Fund Cl 0.80 0.80 0.80 0.000 0.000 1 276213000-6 03-2 SPEC First Amer Govt Oblig Fund Cl 649,829.04 649,829.04 649,829.04 0.020 0.020 0.020 1 94686001-6 03-4ADMIN11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.060 0.059 0.060 1 94686005-6 034PREP11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.070 0.069 0.070 1 94686000-6 034RED11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.050 0.049 0.050 1 94686006-6 034RES11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.060 0.059 0.060 1 276213022-6 16-01 BOND F First Amer Govt Oblig Fund Cl 07/01/2021 3.23 3.23 3.23 0.000 0.000 1 276213023-6 16-01 CAPINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 276213029-6 16-01 COI First Amer Govt Oblig Fund Cl 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 276213028-6 16-01 IMP First Amer Govt Oblig Fund Cl 6,723,548.17 6,723,548.17 6,723,548.17 0.020 0.020 0.020 1 276213026-6 16-01 RESERV First Amer Govt Oblig Fund Cl 3,154,006.40 3,154,006.40 3,154,006.40 0.020 0.020 0.020 1 276213020-6 16-01 SPECF First Amer Govt Oblig Fund Cl 2,219,997.49 2,219,997.49 2,219,997.49 0.020 0.020 0.020 1 218848001-6 2017A&B INT First Amer Govt Oblig Fund Cl 10.77 10.77 10.77 0.000 0.000 1 218848008-6 2017ABPRIORP First Amer Govt Oblig Fund Cl 17,957.99 17,957.99 17,957.99 0.020 0.020 0.020 1 218848013-2 2017B COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 218848000-6 2017B DS First Amer Govt Oblig Fund Cl 75.62 75.62 75.62 0.030 0.030 0.030 1 Data Updated: SET _MTH: 11/16/2021 17:21 Run Date: 11/16/2021 - 17:21 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments August 31, 2021 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 218848002-6 2017B PRIN First Amer Govt Oblig Fund Cl 989.35 989.35 989.35 0.020 0.020 0.020 1 218848009-6 2017B_PROJ First Amer Govt Oblig Fund Cl 13,122,371.83 13,122,371.83 13,122,371.83 0.020 0.020 0.020 1 233358009-6 233358009-6 First Amer Govt Oblig Fund Cl 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 94434160-6 RDA-021NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94434161-6 RDA-02PRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886000-6 RDA-06AINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886001-6 RDA06APRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886010-6 RDA06BINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886011-6 RDA06BPRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.680 0.671 0.680 1 107886016-6 RDA06BRES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 107886020-6 RDA071NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886021-6 RDA07PRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.930 0.917 0.930 1 107886028-6 RDA07PROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 107886026-6 RDA07RES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 136343008-6 RDA10APROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343018-6 RDA10BPROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343000-6 RDA10INT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343001-6 RDA10PRIN First Amer Govt Oblig Fund Cl 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 136343006-6 RDA10RSRV First Amer Govt Oblig Fund Cl 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 146161000-6 RDA11AINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 146161001-6 RDA11APRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INT1 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 136343018-2 RDA 10B CIP2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 146161008-3 RDA11APROJ Federated Institutional Tax Fr 0.00 0.00 0.00 0.800 0.789 0.800 1 146161006-3 RDA11ARSRV Federated Institutional Tax Fr 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-5 03-01 RES Federated Tax Free Obligations 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 164742006-5 03-06 RES Federated Tax Free Obligations 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669902-5 03-1 bond fd Federated Tax Free Obligations 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94686005-5 034 PREP11 Federated Tax Free Obligations 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 Data Updated: SET _MTH: 11/16/2021 17:21 Run Date: 11/16/2021 - 17:21 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments August 31, 2021 Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 94686006-5 03-4 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-1 03-01-1 RES CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 276213008-1 03-02 IMP CA Local Agency Investment Fun 8,150,670.08 8,150,670.08 8,150,670.08 0.221 0.218 0.221 1 164742006-1 03-06 RES-1 CA Local Agency Investment Fun 307,404.30 307,404.30 307,404.30 0.221 0.218 0.221 1 229462007-1 03-1 2012 RE CA Local Agency Investment Fun 815,524.94 815,524.94 815,524.94 0.221 0.218 0.221 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 1,422,354.62 1,422,354.62 1,422,354.62 0.221 0.218 0.221 1 107886028-1 RDA 07 PRO-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 229462020-0 03-01 CASH USBANK 55,438.42 55,438.42 55,438.42 0.000 0.000 1 164742006-0 03-06 Cash USBANK 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 233358050-1 01-2 SPECESC U.S. Treasury 0.00 0.00 0.00 0.360 0.355 0.360 1 Subtotal and Average 41,747,798.32 41,775,586.86 41,775,586.86 41,775,586.86 0.070 0.071 1 Retention Escrow Account NOBEL COMPANY 3354 Banner Bank 52,406.42 52,406.42 52,406.42 0.150 0.148 0.150 1 218848050-0 2002 ESCROW USBANK 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 218848060-0 2006AESCRO USBANK 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 218848070-0 2006BESCRO USBANK 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 218848080-0 2007ESCROW USBANK 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 229462020-2 03-01 ESCROW U.S. Treasury 667,610.64 667,610.64 667,610.64 0.063 0.062 0.063 1 Subtotal and Average 746,778.71 720,017.06 720,017.06 720,017.06 0.068 0.069 1 Letter of Credit 218848006-1 2017B RESER ASSURED GUARANTY MUNICIPAL COR 07/01/2021 1.00 1.00 1.00 0.000 0.000 1 233358006-1 01-2 REFRESI ASSURANCE CO BOND INSURANCE 07/01/2021 1.00 1.00 1.00 0.000 0.000 1 Subtotal and Average 2.00 2.00 2.00 2.00 0.000 0.000 1 Trust Accounts 6746058700 PARS Pension US Bank Trust 17,411,920.99 17,411,920.99 17,411,920.99 17.270 17.033 17.270 1 Subtotal and Average 17,221,025.04 17,411,920.99 17,411,920.99 17,411,920.99 17.033 17.270 1 Local Agency Investment Funds SYSCITY CITY CA Local Agency Investment Fun 50,135,926.44 50,140,086.22 50,135,926.44 0.339 0.334 0.339 1 SYSRDA RDA CA Local Agency Investment Fun 1,891.02 1,891.18 1,891.02 0.339 0.334 0.339 1 Portfolio TEME Data Updated: SET _MTH: 11/16/2021 17:21 NLI CP Run Date: 11/16/2021 - 17:21 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments August 31, 2021 Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds SYSTCSD TCSD CA Local Agency Investment Fun 55,870,432.75 55,875,068.32 55,870,432.75 0.339 0.334 0.339 1 Subtotal and Average 89,556,637.31 106,008,250.21 106,017,045.72 106,008,250.21 0.334 0.339 1 Federal Agency Callable Securities 3133EMQGO 01259 Federal Farm Credit Bank 02/10/2021 1,000,000.00 996,600.00 1,000,000.00 0.320 0.316 0.320 1,258 02/10/2025 3133EMK92 01265 Federal Farm Credit Bank 06/23/2021 1,000,000.00 1,001,850.00 1,000,000.00 0.580 0.572 0.580 1,391 06/23/2025 3133EMN57 01266 Federal Farm Credit Bank 06/28/2021 1,000,000.00 1,001,240.00 1,000,000.00 0.440 0.434 0.440 1,031 06/28/2024 3133EMP22 01267 Federal Farm Credit Bank 06/30/2021 1,000,000.00 1,003,790.00 1,000,000.00 0.910 0.898 0.910 1,763 06/30/2026 313OAKQ41 01258 Federal Home Loan Bank 01/28/2021 1,000,000.00 995,440.00 1,000,000.00 0.520 0.513 0.520 1,610 01/28/2026 3130ALEU4 01260 Federal Home Loan Bank 02/25/2021 1,000,000.00 997,700.00 1,000,000.00 0.350 0.345 0.350 1,181 11/25/2024 3130ALWV2 01261 Federal Home Loan Bank 04/21/2021 1,000,000.00 1,004,440.00 1,000,000.00 0.550 1.011 1.025 1,693 04/21/2026 3130AM2V3 01262 Federal Home Loan Bank 04/29/2021 1,000,000.00 1,002,610.00 1,000,000.00 0.700 0.690 0.700 1,336 04/29/2025 3130AMNMO 01263 Federal Home Loan Bank 05/27/2021 1,000,000.00 1,001,000.00 1,000,000.00 0.500 0.493 0.500 1,729 05/27/2026 3130AMM90 01264 Federal Home Loan Bank 06/10/2021 1,000,000.00 1,000,720.00 1,000,000.00 0.500 1.973 2.000 1,743 06/10/2026 3130AN4N7 01268 Federal Home Loan Bank 07/14/2021 1,000,000.00 1,005,570.00 1,000,000.00 0.720 0.710 0.720 1,412 07/14/2025 3130ANAZ3 01269 Federal Home Loan Bank 07/28/2021 1,000,000.00 998,730.00 1,000,000.00 0.600 0.592 0.600 1,335 04/28/2025 3134GBGZ9 01232 Federal Home Loan Mtg Corp 04/27/2017 1,000,000.00 1,007,730.00 1,000,000.00 2.000 1.964 1.991 148 01/27/2022 3134GXJL9 01257 Federal Home Loan Mtg Corp 12/30/2020 1,000,000.00 993,580.00 1,000,000.00 0.500 0.493 0.500 1,581 12/30/2025 Subtotal and Average 14,000,000.00 14,000,000.00 14,011,000.00 14,000,000.00 0.786 0.797 1,372 Federal Agency Bullet Securities 3133EJT74 01249 Federal Farm Credit Bank 11/15/2018 1,000,000.00 1,006,070.00 1,000,000.00 3.050 3.008 3.050 75 11/15/2021 3133ELMA9 01254 Federal Farm Credit Bank 02/07/2020 1,000,000.00 1,022,790.00 1,000,000.00 1.420 1.401 1.420 705 08/07/2023 3133ELTU8 01256 Federal Farm Credit Bank 03/18/2020 1,000,000.00 1,014,740.00 1,000,000.00 0.920 0.907 0.920 929 03/18/2024 3130AHF81 01251 Federal Home Loan Bank 10/25/2019 1,000,000.00 1,002,300.00 1,000,000.00 1.600 1.578 1.600 54 10/25/2021 3135GOU92 01250 Federal National Mtg Assn 01/11/2019 1,000,000.00 1,009,270.00 1,000,000.00 2.625 2.589 2.625 132 01/11/2022 Subtotal and Average 5,000,000.00 5,000,000.00 5,055,170.00 5,000,000.00 1.897 1.923 379 Total and Average 176,200,522.75 184,915,777.12 184,990,742.63 184,915,777.12 1.923 1.949 115 Data Updated: SET _MTH: 11/16/2021 17:21 Run Date: 11/16/2021 - 17:21 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Cash August 31, 2021 Page 5 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Passbook/Checking Accounts 1453718479 WORKERS BANK OF AMERICA MERRILL LYNC 07/01/2021 7,014.42 7,014.42 7,014.42 0.000 0.000 1 SYSPetty Cash Petty Cash City of Temecula 07/01/2021 3,911.00 3,911.00 3,911.00 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 4,837,842.75 4,837,842.75 4,837,842.75 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2021 10,846.30 10,846.30 10,846.30 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments Data Updated: SET _MTH: 11/16/2021 17:21 Run Dale: 11/16/2021 - 17:21 176,200,522.75 189, 775, 391.59 189, 850, 357.10 189, 775, 391.59 1.923 1.949 115 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Cash and Investments Report CITY OF TEMECULA Through August 2021 Fund # Fund Name Beginning Balance Receipts Disbursements Fund Total 001 GENERAL FUND $ 39,375,447.22 $ 7,305,656.76 $ 2,742,560.35 $ 43,938,543.63 002 MEASURE S FUND 21,834,681.32 3,373,876.71 25,208,558.03 100 STATE GAS TAX FUND 383,234.54 242,915.52 626,150.06 102 RMRA-ROAD MAINTENANCE REHABILITATION ACT 1,584,268.90 175,937.28 1,760,206.18 103 STREETS MAINTENANCE FUND 3,460,600.21 37.56 3,460,637.77 106 UPTOWN TEMECULA NEW STREETS IN LIEU FEES 895,068.95 9.71 895,078.66 108 ARPA - 7,039,753.50 7,039,753.50 120 DEVELOPMENT IMPACT FUND 3,598,243.10 59,774.80 - 3,658,017.90 125 PEG PUBLIC EDUCATION & GOVERNMENT 587,769.48 34,364.59 674.39 621,459.68 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 839,386.19 9.11 - 839,395.30 150 AB 2766 FUND 134,740.29 37,178.41 171,918.70 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 86,641.66 - 86,641.66 161 TEMECULA MAJOR CRIMES REWARD FUND 27,190.32 0.30 - 27,190.62 165 AFFORDABLE HOUSING 2,085,300.95 22.46 15,521.27 2,069,802.14 170 MEASURE A FUND 9,059,795.61 406,576.68 35,785.50 9,430,586.79 190 TEMECULA COMMUNITY SERVICES DISTRICT 1,381,265.92 239,465.25 768,129.79 852,601.38 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 761,469.35 8.01 23,337.31 738,140.05 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 185,850.95 1.97 4,205.26 181,647.66 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 30,628.08 0.33 - 30,628.41 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 449,404.42 4,412.22 18,596.47 435,220.17 197 TEMECULA LIBRARY FUND 529,064.20 3,851.69 28,920.13 503,995.76 198 PUBLIC ART 91,712.59 1,378.42 - 93,091.01 210 CAPITAL IMPROVEMENT PROJECT FUND 14,438,479.07 799,525.50 835,899.95 14,402,104.62 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 211,392.90 3.49 - 211,396.39 277 CFD-RORIPAUGH 8,288,372.47 6,904.53 8,295,277.00 278 CFD-RORIPAUGH II 6,723,433.95 114.22 - 6,723,548.17 300 INSURANCE FUND 1,159,020.55 4.58 737,402.39 421,622.74 305 WORKER'S COMPENSATION 2,025,237.72 20.70 118,289.46 1,906,968.96 310 VEHICLES AND EQUIPMENT FUND 2,034,440.52 21.97 9,766.56 2,024,695.93 320 INFORMATION TECHNOLOGY 1,144,199.72 10.71 205,520.87 938,689.56 325 TECHNOLOGY REPLACEMENT FUND 1,644,787.06 17.53 29,652.05 1,615,152.54 330 CENTRAL SERVICES 19,618.33 - 21,042.63 (1,424.30) 335 CENTRAL SERVICES 317,972.33 3.44 - 317,975.77 340 FACILITIES 610,700.52 6,462.55 96,530.70 520,632.37 350 FACILITY REPLACEMENT FUND 124,026.42 - 135,474.99 (11,448.57) 380 SARDA DEBT SERVICE FUND 13,141,184.31 223.25 - 13,141,407.56 381 REDEVELOPMEN PROPERTY TAX TRUST 2,732,328.68 29.65 2,732,358.33 460 CFD 88-12 DEBT SERVICE FUND 95,359.71 1.03 - 95,360.74 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,408,968.13 2,175.82 92.53 1,411,051.42 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 2,322,762.29 6,041.43 3,722.46 2,325,081.26 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 4,994.21 0.05 - 4,994.26 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,256,811.64 5,647.29 277.50 3,262,181.43 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 626,536.94 1,561.55 92.53 628,005.96 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 1,416,274.75 3,166.19 277.52 1,419,163.42 478 CFD-RORIPAUGH II 5,401,891.06 91.59 185.03 5,401,797.62 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 14,341.90 - 2,960.09 11,381.81 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 111,619.65 1.19 2,158.24 109,462.60 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 46,483.90 0.47 3,303.88 43,180.49 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 4,735.13 0.05 513.04 4,222.14 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 30,988.42 245.30 3,207.58 28,026.14 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 36,740.91 142.35 1,267.59 35,615.67 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 9,960.94 53.72 1,125.47 8,889.19 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 109,180.15 22.10 10,439.29 98,762.96 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 31,051.14 0.33 196.34 30,855.13 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 14,882.93 0.14 1,801.53 13,081.54 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 3,934.57 0.04 175.39 3,759.22 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 116,660.98 148.69 7,247.99 109,561.68 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 30,580.82 240.30 2,490.77 28,330.35 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 12,346.34 0.12 1,135.57 11,210.89 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 12,020.59 0.12 568.93 11,451.78 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 66,129.39 0.70 1,306.82 64,823.27 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 2,305.35 0.02 163.34 2,142.03 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 62,080.41 74.11 5,988.86 56,165.66 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 87,440.52 0.90 4,277.38 83,164.04 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 231,844.92 317.01 11,720.46 220,441.47 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 194,057.03 774.82 15,806.44 179,025.41 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 10,717.02 0.11 275.04 10,442.09 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 23,583.30 76.53 416.14 23,243.69 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 54,330.17 586.02 11,173.13 43,743.06 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 70,077.60 125.73 3,143.26 67,060.07 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 1,934.37 0.02 155.44 1,778.95 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9,268.91 0.09 823.20 8,445.80 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 651,808.66 623.21 19,397.22 633,034.65 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 5,189.21 0.34 196.23 4,993.32 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 36,282.38 0.39 - 36,282.77 701 PENSION RATE STABILIZATION FUND $ 17,214,661.84 197,259.15 - $ 17,411,920.99 Grand Total: $ 175,837,796.98 $ 19,957,952.42 $ 5,945,392.30 $ 189,850,357.10 Journal Entries completed after July's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns. Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 14, 2021 SUBJECT: Adopt Ordinance 2021-05 Amending Article I and Article XIV of Chapter 8.20 of the Temecula Municipal Code Pursuant to SB1383 Regulations (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2021-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ARTICLE I, DEFINITIONS, OF CHAPTER 8.20 OF THE TEMECULA MUNICIPAL CODE AND AMENDING ARTICLE XIV, MANDATORY ORGANIC WASTE DISPOSAL REDUCTION, OF THE TEMECULA MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA GUIDELINES SECTIONS 15061(B)(3) AND 15308 BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 2021-05 was first introduced at the regularly scheduled meeting of November 23, 2021. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO.2021-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ARTICLE I, DEFINITIONS, OF CHAPTER 8.20 OF THE TEMECULA MUNICIPAL CODE AND AMENDING ARTICLE XIV, MANDATORY ORGANIC WASTE DISPOSAL REDUCTION, OF THE TEMECULA MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA GUIDELINES SECTIONS 15061(B)(3) AND 15308 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article I, Definitions, of Chapter 8.20, Sections 8.20.010 through 8.20.280, inclusive, is hereby amended to read as follows: 8.20.010 Definitions For the purposes of this Chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this Code shall have the same meanings herein unless the context otherwise requires. In the event of a conflict between a definition in this Code and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this Chapter. Additionally, for the purposes of this Chapter, the definitions in 14 CCR Section 18982 shall control for terms used in this Chapter and not defined in this Code. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time. A. "Blue Container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of Source Separated Recyclable Materials and Source Separated Blue Container Organic Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be Blue Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. B. "CalRecycle" means the California Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the City (and others). C. "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of the CCR). D. "City" means the City of Temecula. E. "City Manager" means the City Manager of the City or his/her designee. F. "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for -profit or nonprofit, strip mall, industrial facility, or a Multi -Family Residential Dwelling; or, as otherwise defined in 14 CCR Section 18982(a)(6). A multi -family residential dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter. G. "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). H. "Compliance Review" means a review of records by the City to determine compliance with this Chapter. I. "Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on -site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined in 14 CCR Section 18982(a)(8). J. "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4). K. "Compostable Plastic(s)" means plastic materials that meet the ASTM D6400 standard for compostability; or, as otherwise described in 14 CCR Section 18984. 1 (a)(1)(A) or 18984.2(a)(1)(C). L. "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants; or, as otherwise defined in 14 CCR Section 18982(a)(55). M. "County" means the County of Riverside. N. "C&D" means construction and demolition debris. O. "Designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. P. "Edible Food" means food intended for human consumption; or, as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the N Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. Q. "Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. R. "Enforcement Official" means the City Manager, Director of Public Works or the City Manager's authorized Designees who are partially or wholly responsible for enforcing this Chapter. S. "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City's Enforcement Official or its Designee's, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimus volumes or concentrations of waste of a type and amount normally found in Single -Family or Multi -Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the State Public Resources Code. T. "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores; or, as otherwise defined in 14 CCR Section 18982(a)(22). U. "Food Facility" has the same meaning as in Section 113789 of the State Health and Safety Code. V. "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed; or, as otherwise defined in 14 CCR Section 18982(a)(24). W. "Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities; or, as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to: 1) A food bank as defined in Section 113783 of the State Health and Safety Code; 2) A nonprofit charitable organization as defined in Section 113841 of the State Health and Safety code; and 3) A nonprofit charitable temporary food facility as defined in Section 113842 of the State Health and Safety Code; or, as otherwise defined in 14 CCR Section 18982(a)25). X. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). Y. "Food Recovery Service" means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or, as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). Z. "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. [Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.] AA. "Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations; or, as otherwise defined in 14 CCR Section 18982(a)(27). BB. "Food -Soiled Paper" means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. CC. "Food Waste" means Food Scraps, [Food -Soiled Paper, and Compostable Plastics.] DD. "Generator" means a person or entity that is responsible for the initial creation of Solid Waste, and with respect to Organic Waste, means a person or entity that is responsible for the initial creation of Organic Waste; or, as otherwise defined in 14 CCR Section 18982(a)(48). EE. "Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of [Gray Container Waste]. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of [Gray Container Waste] and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. FF. "Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of the City's three -container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b); or, as otherwise defined in 14 CCR Section 17402(a)(6.5). [Notwithstanding the preceding sentence, Gray Container Waste includes carpets and textiles.] GG. "Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of Source Separated Green Container Organic Waste. Notwithstanding the foregoing, functional containers purchased prior to 4 January 1, 2022 that are used for the storage and collection of Source Separated Green Container Organic Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. HH. "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments; or, as otherwise defined in 14 CCR Section 18982(a)(30). II. "Hauler Route" means the designated itinerary or sequence of stops for each segment of the City's collection service area; or, as otherwise defined in 14 CCR Section 18982(a)(31.5). JJ. "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed Waste Organic Collection Stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). KK. "Inspection" means a site visit where the City or its Designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter; or, as otherwise defined in 14 CCR Section 18982(a)(35). LL. "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event; or, as otherwise defined in 14 CCR Section 18982(a)(38). MM. "Large Venue," unless otherwise defined in 14 CCR Section 18982(a)(39), means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. NN. "Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of the City's regulations related to Solid Waste; or, as otherwise defined in 14 CCR Section 18982(a)(40). 00. "Mixed Waste Organic Collection Stream" or "Mixed Waste" means Organic Waste collected in a container that is required by 14 CCR Section 18984.1 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5). PP. "Multi -Family Residential Dwelling" or "Multi -Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi -Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. QQ. "MWELO" refers to the Model Water Efficient Landscape Ordinance, 23 CCR, Division 2, Chapter 2.7 and Chapter 17.32 of this Code. RR. "Non-Compostable Paper" includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process; or, as otherwise defined in 14 CCR Section 18982(a)(41). SS. "Non -Local Entity" means the following entities that are not subject to the City's enforcement authority; or, as otherwise defined in 14 CCR Section 18982(a)(42): 1) Special district(s) located within the jurisdictional boundaries of the City; 2) Federal facilities, including military installations, located within the jurisdictional boundaries of the City; 3) Prison(s) located within the jurisdictional boundaries of the City; 4) Facilities operated by the State park system located within the jurisdictional boundaries of the City; 5) Public universities (including community colleges) located within the jurisdictional boundaries of the City; and 6) County fairgrounds located within the jurisdictional boundaries of the City; 7) State agencies located within the jurisdictional boundaries of the City. TT. "Non -Organic Recyclables" means non-putrescible and non -hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass; or, as otherwise defined in 14 CCR Section 18982(a)(43). UU. "Notice of Violation" or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties; or, as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. VV. "Organic Waste" means Solid Waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges; or, as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). WW. "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or, as otherwise defined in 14 CCR Section 18982(a)(51). XX. "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or, as otherwise defined in 14 CCR Section 18982(a)(54). YY. "Prohibited Container Contaminants," unless otherwise defined in 14 CCR Section 18982(a)(55), means the following: 1) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City's Blue Container; 2) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the City's Green Container, including carpet, hazardous wood waste and Non-Compostable Paper; 3) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Waste to be placed in the City's Green Container or Blue Container; and, 4) Excluded Waste placed in any container. ZZ. "Recovery" means any activity or process described in 14 CCR Section 18983.1(b); or, as otherwise defined in 14 CCR Section 18982(a)(49). AAA. "Recycled -Content Paper" means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber; or, as otherwise defined in 14 CCR Section 18982(a)(61). BBB. "Remote Monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants. CCC. "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on -premises or immediate consumption; or, as otherwise defined in 14 CCR Section 18982(a)(64). DDD. "Route Review" means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras; or, as otherwise defined in 14 CCR Section 18982(a)(65). EEE. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the State Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants. FFF. "SB 1383 Regulations" means the Short -Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR. GGG. "Self -Hauler" means a person or entity, who, in compliance with all applicable requirements of this Chapter, hauls Solid Waste, Organic Waste or recyclable materials he or she has generated to another person or entity. Self -Hauler also includes a person or entity who Back - Hauls waste; or, as otherwise defined in 14 CCR Section 18982(a)(66). Back -Haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). HHH. "Single -Family" means of, from, or pertaining to any residential premises with fewer than five (5) units. III. "Solid Waste" unless otherwise defined in State Public Resources Code Section 40191, means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi -solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes: 1) Hazardous waste, as defined in the State Public Resources Code Section 40141. 2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code). 3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. JJJ. "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the Generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from [Gray Container Waste] or other Solid Waste for the purposes of collection and processing of those materials. KKK. "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non -Organic Recyclables. Source Separated Blue Container Organic Waste excludes Source Separated Green Organic Waste, but includes Paper Products, Printing and Writing Paper, wood and dry lumber and textiles unless otherwise specified by the City. LLL. "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the Generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. MMM. "Source Separated Recyclable Materials" means Source Separated Non -Organic Recyclables and Source Separated Blue Container Organic Waste. NNN. "State" means the State of California. 000. "Supermarket" means a full -line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items; or, as otherwise defined in 14 CCR Section 18982(a)(71). PPP. "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73): 1) Supermarket; 2) Grocery Store with a total facility size equal to or greater than 10,000 square feet; 3) Food Service Provider; 4) Food Distributor; or, 5) Wholesale Food Vendor. QQQ. "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73): 1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; 2) Hotel with an on -site Food Facility and 200 or more rooms; 3) Health facility with an on -site Food Facility and 100 or more beds; 4) Large Venue; 5) Large Event; 6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or 7) A Local Education Agency facility with an on -site Food Facility. RRR. "Uncontainerized Green Waste and Yard Waste Collection Service" or "Uncontainerized Service" means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a Generator's house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste; or, as otherwise defined in 14 CCR Section 189852(a)(75). SSS. "Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination; or, as otherwise defined in 14 CCR Section 189852(a)(76). Section 2. Article XIII of Chapter 8.20, Violations, Section 8.20.720, is hereby amended to read as follows: 8.20.720 Enforcement A. The Enforcement Official shall issue a Notice of Violation for violations of this Chapter. B. Except as otherwise provided in this chapter, violations of this chapter are punishable as set out in Chapter 1.20 or 1.21 and in Sections 8.12.140, 8.12.180 and 8.20.790 of this Code. C. City may enforce the provisions of this Chapter by civil actions and such other remedies as may be available by law. 10 Section 3. Article XIV of Chapter 8.20, Mandatory Commercial Recycling and Organics Collection, Sections 8.20.730 through 8.20.760, inclusive, is hereby amended to read as follows: 8.20.730. Purposes A. Assembly Bill ("AB") 939 of 1989, the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq., as amended, supplemented, superseded and replaced from time to time and as implemented by regulations of the California Department of Resources, Recycling and Recovery ("CalRecycle")), requires the City to reduce, reuse, and recycle (including composting), solid waste generated in the City to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment. B. AB 341 of 2011 places requirements on businesses, including multi -family property owners with five or more dwelling units, that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City to implement a mandatory commercial recycling program. C. AB 1826 of 2014 requires businesses, including multi -family property owners with five or more dwelling units, that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, and requires the City to implement a recycling program to divert organic waste from such businesses. D. Senate Bill ("SB") 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. These regulations, adopted in 2020 ("SB 1383 Regulations"), place requirements on multiple entities including the City; single- family residential households; commercial businesses, including multi -family property owners with five or more dwelling units; commercial edible food generators, haulers, including self -haulers; food recovery organizations; and food recovery services to support achievement of statewide organic waste disposal reduction targets. E. The SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations. F. This Article implements the requirements of the SB 1383 Regulations. 8.20.735. Requirements for Single -Family Organic Waste Generators Single -Family Organic Waste Generators shall comply with the following requirements, except Single -Family Generators that meet the Self -Hauler requirements of this Code: 191 A. Subscribe to the City's Organic Waste collection service(s) for all Organic Waste generated as described below. The City shall have the right to review the number and size of a Generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Single -Family Generators shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). B. Participate in the City's Organic Waste collection service(s) by placing designated materials in designated containers as described in this paragraph, and shall not place Prohibited Container Contaminants in collection containers. Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials (which includes Source Separated Non -Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. 8.20.740. Requirements for Commercial Organic Waste Generators Organic Waste Generators that are Commercial Businesses, including Multi -Family Residential Dwellings, shall comply with the following requirements, except Commercial Businesses that meet the Self -Hauler requirements of this Code. A. Subscribe to the City's three -container Organic Waste collection service(s) and comply with requirements of those service(s) as described below in paragraph (b) of this section. The City shall have the right to review the number and size of a Generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their collection services as requested by the City. B. Participate in the City's Organic Waste collection service by placing designated materials in designated containers. Generator shall place Source Separated Green Container Organic Waste including Food Waste, in the Green Container; Source Separated Recyclable Materials (which includes Source Separated Non -Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container. C. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming to subsections (d)(1) and (d)(2) below) for employees, contractors, tenants, and customers, consistent with the City's collection service or, if self -hauling, per the Commercial Businesses' 12 instructions to support its compliance with its self -haul program, in accordance with 8.20.765. D. Excluding Multi -Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either: (1) A body or lid that conforms with the container colors provided through the collection service provided by the City. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022. E. Multi -Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements pursuant to 14 CCR Section 18984.9(b). F. Excluding Multi -Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City's Blue Container, Green Container, and Gray Container collection service or, if self -hauling, per the Commercial Businesses' instructions to support its compliance with its self -haul program in accordance with 8.20.765. G. Excluding Multi -Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). H. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials. I. Provide information as described in (h) in this Section before or within fourteen (14) days of occupation of the premises to new tenants. 13 Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with 8.20.785 to confirm compliance with the requirements of this section. K. If a Commercial Business wants to self -haul, meet the Self -Hauler requirements of this Code, including 8.20.765. L. Nothing in this Section prohibits a Generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). M. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to 8.20.755. 8.20.745. Waivers for Generators A. De Minimis Waivers. The City may waive a Commercial Business' obligations (including Multi -Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this Article if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described below in subsection (a)(2). Commercial Businesses requesting a de minimus waiver shall: (1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (a)(2) below. (2) Provide documentation that either: (A) The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or, (B) The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business' total waste. (3) Notify the City if circumstances change such that the Commercial Business' Organic Waste exceeds the threshold required for waiver, in which case the waiver will be rescinded. (4) Provide written verification of eligibility for a de minimus waiver every 5 years, if the City has approved a de minimus waiver. B. Physical Space Waivers. The City may waive a Commercial Business' or property owner's obligations (including Multi -Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements of this Article if the City has evidence from its own staff, a hauler, licensed architect, or licensed 14 engineer demonstrating that the premises lacks adequate space for the collection containers required for the Organic Waste collection requirements of this chapter. Commercial Businesses or property owners requesting a physical space waiver shall: (1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver and provide documentation as noted below. (2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer. (3) Provide written verification to the City that it is still eligible for a physical space waiver every five years, if the City has approved an application for a physical space waiver. C. Collection Frequency Waivers. The City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City's three- container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen days, rather than once per week. D. The Enforcement Official will be responsible for review and approval of waivers. 8.20.750. Requirements for Commercial Edible Food Generators A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. B. Large Venue or Large Event operators, not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024. C. Commercial Edible Food Generators shall comply with the following requirements: (1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed. (2) Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (A) the collection of Edible Food for Food Recovery; or, (B) acceptance of the Edible Food that the Commercial Edible Food Generator self -hauls to the Food Recovery Organization for Food Recovery. 15 (3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow the City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: (A) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). (B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). (C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations: (i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization. (ii) The types of food that will be collected by or self -hauled to the Food Recovery Service or Food Recovery Organization. (iii) The established frequency that food will be collected or self -hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self -hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. D. If the Enforcement Official makes a request, then within 30 days of the request, Tier One Commercial Edible Foods Generators and Tier Two Commercial Edible Food Generators shall provide a Food Recovery report to the City that includes the following information: (A) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). (B) The quantity of food, measured in annual pounds recovered, collected or self -hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. (C) The name, address and contact information of the Food Recovery Service or Food Recovery Organization. E. Nothing in this Notify the City if circumstances change such that the Commercial Business' Organic Waste exceeds the threshold required for waiver, in which case the waiver will be Erl rescinded. shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the State Education Code, and amended Section 114079 of the State Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time. 8.20.755. Requirements for Food Recovery Organizations and Services A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1): (1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. (3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month. (4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): (1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. (3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. C. Food Recovery Organizations and Food Recovery Services shall inform Generators about State Food and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b). D. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year 17 from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than July 1 of each year, commencing in 2023. E. Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City. 8.20.760. Requirements for Haulers, Facility Operators and Community Composting Operations A. Requirements for Haulers (1) Haulers providing residential, Commercial, or industrial Organic Waste collection services to Generators within the City's boundaries shall meet the requirements and standards of 14 CCR, Division 7, Chapter 12 as a condition of approval of contract, agreement, or other authorization to collect Organic Waste. (2) Through written notice to the City, haulers shall identify the facilities to which they will transport Organic Waste. (3) Haulers providing Organic Waste collection services shall comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article 3. (4) Haulers providing residential, Commercial industrial Organic Waste collection services shall transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (5) Haulers providing residential, Commercial industrial Organic Waste Collection Services shall obtain applicable approval of the City pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the City. B. Paragraph (a) of this section is not applicable to a hauler that consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the Public Resources Code, is transporting Source Separated Organic Waste to a Community Composting site or to a hauler that is lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and applicable requirements of this Code. C. Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in -vessel digestion facilities, and publicly -owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity at their facilities, 18 operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days. (2) Community Composting operators, upon the City's request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City. 8.20.765. Self -Hauler Requirements In addition to any other requirements for Self -Haulers as contained in this Code: A. Self -Haulers of Organic Waste shall comply with the requirements in 14 CCR Section 18988.3. B. Self -Haulers shall source separate all recyclable materials and Organic Waste (materials that the City otherwise requires Organic Waste Generators to separate for collection in the City's organics and recycling collection program) generated on -site from Solid Waste in a manner consistent with 14 CCR Section 18984.1, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. C. Self -Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self -Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility. D. Self -Haulers that are Commercial Businesses (including Multi -Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information: (1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the Generator to each entity. (3) If the material is transported to an entity that does not have scales on -site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self -Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste. W E. A Single -Family Organic Waste Generator that self -hauls Organic Waste is not required to record or report information in subsection (d) of this section. F. Self -Haulers that are Commercial Businesses (including Multi -Family Self -Haulers) shall provide information collected in paragraph (c) of this section to the City, if requested. 8.20.770. Compliance with CALGreen Recycling Requirements A. In addition to any other requirements of this , the following requirements also apply: (1) For projects covered by the California Green Building Standards Code, 24 CCR, Part 11, the applicants must, as a condition of the City's permit approval, comply with the following: (A) Where five (5) or more Multi -Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the collection program offered by the City, or comply with provision of adequate space for recycling for Multi -Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020. (B) Where new commercial construction or additions will result in more than 30% of the floor area, provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the collection program offered by the City, or shall comply with provision of adequate space for recycling for Multi -Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020. B. For Organic Waste commingled with C&D, the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019 and effective January 1, 2020 shall be complied with. 8.20.775. Model Water Efficient Landscaping Ordinance Requirements Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single -Family, Multi -Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch, as amended September 15, 2015. 20 8.20.780. Procurement Requirements for Direct Service Providers and Vendors Direct service providers to the City and all vendors providing Paper Products and Printing and Writing Papers must comply with the City's policy regarding recovered organic waste product procurement, including Recycled -Content Paper procurement. 8.20.785. Inspections and Investigations by the City A. City representatives and/or its designated entity, including Designees, are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from Generators, or Source Separated materials to confirm compliance with this Article by Organic Waste Generators, Commercial Businesses (including Multi -Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self -Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City, its Designees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting Commercial Business containers for compliance with this Article, the City may conduct container Inspections for Prohibited Container Contaminants. B. A regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City representative and/or its designated entity, including Designees, during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Article described herein. Failure to provide or arrange for: (1) access to an entity's premises; (2) installation and operation of Remote Monitoring equipment; or, (3) access to records for any Inspection or investigation is a violation of this Article and may result in penalties described herein. C. Any records obtained by the City during its Inspections, [Remote Monitoring], and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in State Government Code Section 6250 et seq. D. The City representative, its Designees and agents are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this Article, subject to applicable laws. E. The City shall receive written complaints from persons regarding an entity that may be potentially non -compliant with SB 1383 Regulations, including receipt of anonymous complaints in accordance with by 14 CCR Section 18995.3. 21 8.20.790. Enforcement A. Violation of any provision of this Article shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the Enforcement Official. Enforcement Actions under this Article are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines set forth in Chapters 1.20 and 1.21 of this Code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Article and any rule or regulation adopted pursuant to this Article, except as otherwise indicated in this Article. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The City may pursue civil actions in the State courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources. B. Enforcement pursuant to this Article may be undertaken by the Enforcement Official. C. Fines for Violations. The fines for violations of the provisions of this Article are as follows, subject to modifications by resolution of the City Council: (1) For a first violation, the penalty shall be $150 per violation. (2) For a second violation, the penalty shall be $500 per violation. (3) For a third or subsequent violation, the penalty shall be $1,000 per violation. D. Compliance Deadline Extension Considerations The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following: (1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; (2) Delays in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies." Section 4 CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in this Ordinance will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of 22 solid waste, represent actions by a regulatory agency (the City) for the protection of the environment. Section 5. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 6. OPERATIVE DATE OF ORDINANCE. This Ordinance shall become operative on January 1, 2022. Section 7. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall post or publish this Ordinance as required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of December, 2021. ATTEST: Randi Johl, City Clerk [SEAL] Maryann Edwards, Mayor 23 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. 2021-05 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 23rd day of November, 2021, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of December, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 24 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 14, 2021 SUBJECT: Adopt Ordinance 2021-06 Amending the Municipal Code Relating to Adjustment of Council District Boundaries to Comply with Amendments to Elections Code Sections 21600 to 21609 (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2021-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.08.028 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE ADJUSTMENT OF COUNCIL DISTRICT BOUNDARIES PURSUANT TO THE REQUIREMENTS OF ELECTIONS CODE SECTIONS 21600 TO 21609 BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 2021-06 was first introduced at the regularly scheduled meeting of November 23, 2021. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO.2021-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.08.028 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE ADJUSTMENT OF COUNCIL DISTRICT BOUNDARIES PURSUANT TO THE REQUIREMENTS OF ELECTIONS CODE SECTIONS 21600 TO 21609 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2.08.028 of the Temecula Municipal Code is hereby amended to read as follows: "2.08.028 Adjustment of Council District Boundaries. A. Pursuant to Elections Code Section 21601 the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census. Using the census as a basis, the City Council shall adjust the boundaries in accordance with the standards and provisions of Elections Code Sections 21600 to 21609, as they now exist or may hereafter be amended, and in compliance with all applicable provisions of law. Any adjustment of district boundaries shall be made by ordinance or resolution adopted by the City Council. The city council shall hold public hearings and comply with the procedures for adoption of the proposed district boundaries as required by Elections Code Sections 21607 and 21607.1, as those sections now exist or may hereafter be amended. B. At the time of any annexation of territory to the City, the City Council shall designate, by resolution adopted by a vote of at least a majority of the City Council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries if necessary in accordance with Elections Code Section 21603. C. Pursuant to Elections Code Section 21606, the term of office of any Council Member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected. D. At the first election for Council following adjustment of the boundaries of the districts, a person meeting the requirements of Government Code Section 34882 shall be elected to the City Council for each district under the readjusted district plan that has the same district number as a district whose incumbent's term on the Council is due to expire. Section 2. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of December, 2021. Maryann Edwards, 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. 2021-06 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 23rd day of November, 2021, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of December, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 14, 2021 SUBJECT: Approve the Cancellation of the Regularly Scheduled Meeting of December 28, 2021 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council approve the cancellation of the regularly scheduled meeting of December 28, 2021. BACKGROUND: The second regularly scheduled meeting of the City Council of the City of Temecula in December 2021 falls a few days after Christmas. Consistent with previous practice, and due to the lack of timely business to be conducted, it is recommended that the City Council approve the cancellation of this meeting. FISCAL IMPACT: None ATTACHMENTS: None Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Peter M. Thorson, City Attorney DATE: December 14, 2021 SUBJECT: Adopt Resolution Regarding Settlement of National Opioid Litigation PREPARED BY: Peter M. Thorson, City Attorney RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY TO ENTER INTO THE SETTLEMENT AGREEMENTS WITH MCKESSON CORPORATION, CARDINAL HEALTH, INC., AMERISOURCEBERGEN CORPORATION, JOHNSON & JOHNSON, JANSSEN PHARMACEUTICALS, INC., ORTHO- MCNEIL-JANSSEN PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUTICA, INC., AGREE TO THE TERMS OF THE MEMORANDUM OF UNDERSTANDING ALLOCATING SETTLEMENT PROCEEDS, AND AUTHORIZE ENTRY INTO THE MEMORANDUM OF UNDERSTANDING WITH THE ATTORNEY GENERAL AND AUTHORIZE THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY AND CONVENIENT TO IMPLEMENT THE SETTLEMENTS BACKGROUND: Between 2017 and 2020, the State of California, 51 of 58 California counties and approximately 28 California cities filed lawsuits against opioid manufactures and distributors seeking to abate the opioid crisis. Similar lawsuits were filed by almost all states and many cities and local governments within those states. These lawsuits were consolidated into one lawsuit in the Federal Court for the Northern District of Ohio. The Court converted the consolidated lawsuits into a class action lawsuit with the Plaintiff's Class consisting of all states and local governments in the United States. As a result, the City of Temecula is a Plaintiff in these lawsuits although the City is not required to pay any attorney fees or litigation costs. The Court appointed a group of 30 attorneys representing state, county and city governments to serve as the Plaintiffs' Executive Committee to control the litigation on behalf of the Plaintiffs and, if possible, negotiate a settlement. Settlement.. Nationwide settlements have been proposed to resolve all Opioids Litigation brought by states and local political subdivisions against the three largest pharmaceutical distributors: McKesson, Cardinal Health and AmerisourceBergen ("Distributors"), and manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (collectively, "J&J"). These settlements will provide substantial funds to states and local political subdivisions for abatement of the opioid epidemic across the country and will impose transformative changes in the way the settling defendants conduct their business. Settlement Basic Terms: • Distributors will pay a maximum of $21 billion over 18 years. • J&J will pay a maximum of $5 billion over no more than nine years. • Of this potential $26 Billion- approximately $22.8 billion in settlement proceeds payable to state and local subdivisions. • Based on the allocations formula for the States, the maximum amount California will receive will be approximately $2,263,923,602 with $339,538,340 being retained by the State and $1,924,335,342 being allocated to counties and cities within the State. • Based on the allocation formula for counties, the maximum amount Riverside County will receive is $90,690,632 with an additional $20,218,741 allocated to cities within Riverside County that can be transferred to the County for a total of $110,909,373. • Based on the allocation formula for cities, Temecula will receive $354,576. • The settlement proceeds to be paid to the states and local political subdivision will be in proportion to the number of states and local political subdivisions that approve the Settlements. • Of the funds going directly to participating states and subdivisions, at least 85% must be used for abatement of the opioid epidemic. • The settlements allow for a broad range of approved uses by state and local governments to abate the opioid epidemic. A list of approved uses is found at Exhibit E of the Master Settlement Agreements, attached as an exhibit to this Report. • Agreements also provide for injunctive relief that requires important changes to the Distributors' and J&J's conduct to better protect our nation's health and welfare. Creation of a groundbreaking clearinghouse through which the Distributors will be required to account not only for their own shipments, but also the shipments of the other distributors, in order to detect, stop, and report suspicious Opioids orders. J&J (which ceased marketing Opioids in 2015 and ceased selling Opioids in 2020) will not market or sell any Opioid products in the next ten years and has agreed to cease lobbying concerning prescription opioids for ten years. J&J also has agreed to make the clinical trial data for its discontinued Opioids available for medical research. California Allocation Terms: • The National Settlements allot a certain amount of money to California to be allocated between the State and local governments. That amount is divided between State and California local governments by agreement (the "Allocation Agreements"). The Allocation Agreements split the dollars coming into California as follows: 1. 15% to a State Fund; 2. 70% to local governments in an Abatement Accounts Fund; and 3. 15% to litigating local governments in a Subdivision Fund. • Cities and counties must be aware that the Settlement Agreements and the Allocation Agreements require that the money in the Abatement Accounts Fund must be spent on remediation with no less than 50% of each local government's allocation in each calendar year spent on one or more of the following High Impact Abatement Activities: I. The provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; 2. Creating new or expanded Substance Use Disorder ("SUD") treatment infrastructure; 3. Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD; 4. Diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non -sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or 5. Interventions to prevent drug addiction in vulnerable youth. • The funds in the CA Abatement Accounts Fund will be divided according to an allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804). The percentage from the CA Abatement Accounts Fund allocated to each eligible local government (any county or city above 10,000 in population) is set forth in Appendix 1 to each Allocation Agreement. • Eligible Local Government's share of the CA Abatement Accounts Fund is a product of the total in the CA Abatement Accounts Fund multiplied by the City's percentage set forth in Appendix I (the "Local Allocation"). • A City that is an Eligible Local Government will be allocated its Local Allocation only when it becomes a Participating Subdivision by signing the Participation Agreements to the Settlements. • The Local Allocation for a city that is a Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date as defined in the Settlement Agreements. • If the City wishes, it can elect a direct payment. It must then follow the use and reporting requirements in the Allocation Agreements and Settlement Agreements. • The State agreements are available on-line at hgps:Hoag.ca.gov/o/opioids. Why Should City Sign On? • This proposal is a product of years of litigation and years of settlement negotiations. • Negotiators have put forward this deal because they believe it is the best deal to be had. 3 • Money is critical to addressing the opioid epidemic at this time. • Litigation has real risk. • Further insolvencies and bankruptcies of defendants are a real risk. • Even if a city does not want to handle the reporting requirements or the use requirements in the settlement, by signing on the County in which they reside gets money to combat the opioid epidemic. When is the Deadline for Particivatinj!? January 2, 2022 FISCAL IMPACT: There is no financial impact to the City. The City would receive $354,576 in Settlement Funds that would be transferred to Riverside County for the specified uses limited to the treatment of opioid abusers and prevention of opioid abuse. ATTACHMENTS: 1. Resolution 2. Exhibit E to Settlement Agreements (Opioid Remediation Uses) 3. County of Riverside Treatment Programs RESOLUTION NO.2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY TO ENTER INTO THE SETTLEMENT AGREEMENTS WITH MCKESSON CORPORATION, CARDINAL HEALTH, INC., AMERISOURCEBERGEN CORPORATION, JOHNSON & JOHNSON, JANSSEN PHARMACEUTICALS, INC., ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUTICA, INC., AGREE TO THE TERMS OF THE MEMORANDUM OF UNDERSTANDING ALLOCATING SETTLEMENT PROCEEDS, AND AUTHORIZE ENTRY INTO THE MEMORANDUM OF UNDERSTANDING WITH THE ATTORNEY GENERAL AND AUTHORIZE THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY AND CONVENIENT TO IMPLEMENT THE SETTLEMENTS WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death. The State of California and California local governments spend billions of dollars each year to address the direct consequences of this crisis. WHEREAS, since 2017, state and local governments in California and around the United States have been pursuing litigation against certain manufacturers, distributors, and retailers of opioid pharmaceuticals (the "Opioid Defendants") in an effort to hold the Opioid Defendants financially responsible for the impact on of the Opioid Epidemic on the City of Temecula ("the City") and resources necessary to combat the opioid epidemic; WHEREAS, negotiations to settle claims against several of the Opioid Defendants, specifically McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceuitca, Inc. (the "Settling Defendants") have been ongoing for several years; WHEREAS, negotiations with the Settling Defendants have resulted in proposed nationwide settlements of state and local government claims to settle the Litigation; WHEREAS, the proposed terms of those proposed nationwide settlements have been set forth in the Distributors Master Settlement Agreement and the J&J Master Settlement Agreement (collectively "Settlement Agreements") available for review on-line at https://nationalopioidsettlement.com/; WHEREAS, copies of the Settlement Agreements as well as summary of the main terms of the Settlement Agreements, the deadlines for submitting the Participation Agreements to the Settlement Agreements and the MDL Court's Order setting deadlines for any Plaintiff who declines to enter into the Settlement Agreements; WHEREAS, the Settlement Agreements provide, among other things, for the payment of a certain sum to settling government entities in California including to the State of California and Participating Subdivisions upon occurrence of certain events as defined in the Settlement Agreements ("California Opioid Funds"); WHEREAS, California local governments as well as the attorneys representing those local governments have engaged in extensive discussions with the State Attorney General's Office ("AGO") as to how the California Opioid Funds will be allocated, which has resulted in the Proposed California State -Subdivision Agreement Regarding Distribution and Use of Settlement Funds- Distributor Settlement and the Proposed California State -Subdivision Agreement Regarding Distribution and Use of Settlement Funds- Janssen Settlement (collectively the "Allocation Agreements,") which are agreements between all of the entities identified in the Allocation Agreements; WHEREAS, copies of the State Allocation Agreements are available on-line at https:Hoag.ca.gov/opioids ; WHEREAS, the Allocation Agreements propose to allocate the California Opioid Funds 15% to a State Fund; 70% to local governments in an Abatement Accounts Fund; and 15% to litigating local governments in a Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlements will be combined pursuant to Allocation Agreements, and 15% of that total shall be allocated to the State of California (the "State of California Allocation"), 70% to the California Abatement Accounts Fund ("CA Abatement Accounts Fund Allocation"), and 15% to the California Subdivision Fund ("CA Subdivision Fund Allocation"); WHEREAS, the funds in the CA Abatement Accounts Fund (the California Abatement Accounts Fund Allocation) will be allocated based on an allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804). The percentage from the CA Abatement Accounts Fund allocated to each eligible local government (any county or city above 10,000 in population) "Eligible Local Government") is set forth in Appendix 1 to each Allocation Agreement and provided to the Council with this Resolution. The City's share of the CA Abatement Accounts Fund is a product of the total in the CA Abatement Accounts Fund multiplied by the City's percentage set forth in Appendix 1 (the "Local Allocation"). WHEREAS, any city that is an Eligible Local Government will be allocated its Local Allocation share only when it becomes a Participating Subdivision by signing the Participation Agreements to the Settlements. The Local Allocation share for a city that is a Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date as defined in the Settlement Agreements. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council hereby approves and authorizes the City Manager to settle and release the City's claims against the Settling Defendants in exchange for the consideration set forth in the Settlement Agreements, Allocation Agreements including taking the following measures: A. The execution on behalf of the City of the Participation Agreement to the Distributors Settlement Agreement and any and all documents ancillary thereto. B. The execution on behalf of the City of the Participation Agreement to the Janssen Settlement Agreement and any and all documents ancillary thereto. C. The execution on behalf of the City of the Proposed California State - Subdivision Agreement Regarding Distribution and Use of Settlement Funds- Distributor Settlement. D. The execution on behalf of the City of the Proposed California State - Subdivision Agreement Regarding Distribution and Use of Settlement Funds- Janssen Settlement Allocation Agreements. 2. The City Manager shall have authority to, and is directed to, take all actions necessary or convenient on behalf of the City to implement and effectuate the agreements approved by this Resolution. 4. All actions heretofore taken by the Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved. 5. 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 10' day of December, 2021. ATTEST: Randi Johl, City Clerk [SEAL] 3 Maryann Edwards, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of December, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES EXHIBIT E List of Onioid Remediation Uses Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies ("Core Strategies").14 A. NALOXONE OR OTHER FDA -APPROVED DRUG TO 1. Expand training for first responders, schools, community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. MEDICATION -ASSISTED TREATMENT ("MAT') DISTRIBUTION AND OTHER OPIOID-RELATED TREATMENT 1. Increase distribution of MAT to individuals who are uninsured or whose insurance does not cover the needed service; 2. Provide education to school -based and youth -focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services. 14 As used in this Schedule A, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. E-I DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES C. PREGNANT & POSTPARTUM WOMEN 1. Expand Screening, Brief Intervention, and Referral to Treatment ("SRIRT') services to non -Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for women with co- occurring Opioid Use Disorder ("DUD") and other Substance Use Disorder ("SUD")/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap -around services to individuals with OUD, including housing, transportation, job placement/training, and childcare. D. EXPANDING TREATMENT FOR NEONATAL 1. Expand comprehensive evidence -based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant - need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. E. EXPANSION OF WARM HAND-OFF PROGRAMS AND Expand services such as navigators and on -call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; Broaden scope of recovery services to include co-occurring SUD or mental health conditions; 4. Provide comprehensive wrap -around services to individuals in recovery, including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. E-2 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES F. TREATMENT FOR INCARCERATED POPULATION 1. Provide evidence -based treatment and recovery support, including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. PREVENTION PROGRAMS 1. Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco); 2. Funding for evidence -based prevention programs in schools; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre -arrest diversion programs, post -overdose response teams, or similar strategies that connect at -risk individuals to behavioral health services and supports. H. EXPANDING SYRINGE SERVICE PROGRAMS Provide comprehensive syringe services programs with more wrap -around services, including linkage to OUD treatment, access to sterile syringes and linkage to care and treatment of infectious diseases. I. EVIDENCE -BASED DATA COLLECTION AND RESEARCH ANALYZING THE EFFECTIVENESS OF THE ABATEMENT STRATEGIES WITHIN THE STATE E-3 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES Schedule B Approved Uses Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder ("OUD") and any co-occurring Substance Use Disorder or Mental Health ("SUDIMFP') conditions through evidence -based or evidence - informed programs or strategies that may include, but are not limited to, those that:15 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication -Assisted Treatment ("MAT') approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence -based services that adhere to the American Society of Addiction Medicine ("ASAM") continuum of care for OUD and any co- occurring SUD/MH conditions. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs ("OTPs") to assure evidence - based or evidence -informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence -based withdrawal management services for people with OUD and any co-occurring mental health conditions. 15 As used in this Schedule B, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. E-4 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community -based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 ("DATA 2000") to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13. Disseminate of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service-Opioids web -based training curriculum and motivational interviewing. 14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication - Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the programs or strategies that: 1. Provide comprehensive wrap -around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community -based services. 3. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. E-5 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA -approved mediation with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high -quality programs to help those in recovery. 10. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have —or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that: E-6 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund SHIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on -call teams to begin MAT in hospital emergency departments. 6. Provide training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school -based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. E-7 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 14. Support assistance programs for health care providers with OUD. 15. Engage non -profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE -INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that: Support pre -arrest or pre -arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: 1. Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative ("PAART'); 2. Active outreach strategies such as the Drug Abuse Response Team ("DART') model; 3. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion ("LEAD") model; 5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. 2. Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence -informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence -based options for persons with OUD and any co-occurring SUD/MH conditions. IM DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 4. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions ("CTF'), particularly for individuals living with dual -diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. Provide training on best practices for addressing the needs of criminal justice - involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome ("NAS"), through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that: Support evidence -based or evidence -informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women —or women who could become pregnant who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co- occurring SUD/MH conditions. 4. Expand comprehensive evidence -based treatment and recovery support for NAS babies; expand services for better continuum of care with infant -need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families. E-9 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care. 6. Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events. 9. Offer home -based wrap -around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training. 10. Provide support for Children's Services —Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs ("PDMPs"), including, but not limited to, improvements that: E-10 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 1. Increase the number of prescribers using PDMPs; 2. Improve point -of -care decision -making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increasing electronic prescribing to prevent diversion or forgery. 8. Educating dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: Funding media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take -back disposal or destruction programs. 5. Funding community anti -drug coalitions that engage in drug prevention efforts. 6. Supporting community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction —including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration ("SAMHSA"). Engaging non -profits and faith -based communities as systems to support prevention. E-11 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES Funding evidence -based prevention programs in schools or evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent -teacher and student associations, and others. 9. School -based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create or support community -based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities providing free naloxone to anyone in the community. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. E-12 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES I. 7. Public education relating to immunity and Good Samaritan laws. 8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence -informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions. 13. Supporting screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES In addition to items in section C, D and H relating to first responders, support the following: Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment E-13 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health -related indicators and supports as identified through collaborative statewide, regional, local or community processes. 3. Invest in infrastructure or staffing at government or not -for -profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. IC TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that: Provide funding for staff training or networking programs and services to improve the capability of government, community, and not -for -profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. E-14 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring ("ADAM') system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. E-15 09 Riverside University HEALTH SYSTEM ur•havror.rl Heatlh I Sperialty Programs Forensic BH Specialty Programs, Co -Occurring SUD/MHD orSUD/OUD Specific a Substance Use hlaviga;ion Urit, RUHS-WC Campus • Mental Health Court (FSP) 0 Veteran's Court (FSP) • Family Preservation Court (FPQ • Recovery OpportunityCerter(RCQ Adult Drug Court ■ Juvenile Sk[ess Team (JUST) Juvenile Drug Court • Visdemeanor Incompetent to Stand Trial • Mobile Crisis Outreach Teams • RUHS h'C' ED CUD Bridge Program Juvenile In Custody Services Adult In Custody Services Residential and Housing Services • Crisis Intervention • Crisis Intervendon ■ HHCFE Street Outreach + 505tance Use Disorder Screen rgs • Saber Living & Recovery Resi- • Evaluation an Assessments dences • Medication MaAagement ■ Individual and Group Counseling + Behavioral Health Education • Substance Abuse Prevention and Treatment + hfental Health Screenings • Med:cation Assisted Treatment for Opioids • Mental Health ScreenirnS + E%aluadon an Assessments • Pledicaeon Management a Medication Assisted Treatment for Opiolds • individual arrd Group Counseling a Behavioral Health Edu�atian Substance Abuse Prevention and Treatment Continuum of Care �=W r.Level of Care 4 U.t ■ 1�"" .c, r7 ■�J + Irr;pa red Drv:rg Programs (INi ■ PC 1000 Programs D tf Ir_.Cated Pre.tnno n 6 v Er,.iromrlental Pre^.tm! o n 4 0 you--h meet I li BPI ln!ewCi 4 ti Teen 1^tarvene 9 "':'r,atior�i Ir':.:etnrg 4 CBT 4 Relapse Pre•.tr, nr, 1 P-srlro -1=4C'a} Edlcan an 1 0I'i ponevrg Reco-:ery Eqyqienze tWRE� Outpatient 525,460,565.31 1 FhW11rt:fOrSil Immiliewing 4 C8T 4 Relapse Prtoff*on 1 Psyrho_oaal EUanon 4 Lr::ng in Basarte 4Matnt(are.:;_aryyVAh i `Car for PTO 411 Scekrq Wei 4 DST 1 Coper$+ cri:h Suers Teets ar4 Trauma 4 Beww4 Trauma • 0po,dTreatmentFro- grdrrl5 • New L'z and DRC's • RUHS CHC SHI Pro@rarhs Dutpuient Wi!►drbWW $6,170.56 Aff I 4 PJ:o:vvwonal Ir:erv.e:rlrg 1 C.BT i Relapse Prey mparr 4 Ps;:r�staoal Emxanw Intensive Outpatient (IOT) +—* $8,453,288.85 1 lr^ erf -.e irg 4 CgT 4 Relapse Pre.tn:lor• 4 PSyICIZ4.01111 EI.IA►c3:ton 1 burr; in Ba!arie 4 Matrix Ia1gc and -,v r h i 4CPT farMSD 4 ti S;ti,ng See:y 4 Dal 4 Ccq-rg ve+th S:re:s Teeru ar:d Traur^a 1 Beyond Trauma ■ Augmented Board and Care • Trarsidonal Housing • Reraal Assistance ■ E m erg ency H Owing ■ l.,ertal Health Rehabilitation Center (h1HRCl ■ Social Rehabilindon Programs Higher Level of Care Partial Residential Inpatient WitithdrawaI . HospitaIiIaeon 2.5 r� 3.1, 3.3, & 3.5 4--b.a emem 3.2 & 3.7 $1,019,833.68 531,854,075A2 S ,iO6, ".56 4 1; 47wa'iGrsal 4 N•U^'.a:'.:r%T In;. ,:e;.irz 1 Nv.,vadOra I In:ery e�. rg 4 COT Intervie,,. wg 4 Cal 4 Relapse fttmon 1 CST 4 Relapse Preven;fon 4 1 Relapse Prevention 4 f5�7f 75C:ial Ew a +tn E[6-a'_i A 1 Psyflosocial Edpxmn • F?edicat on Assisted Treatment 9 Care CoordinationJSTART SUBSTANCE ABUSE PREVENTION AND TREATMENT: 2015 VS 2020 + 83% sites 73 sites. Including 40 sites Ell Eb 29 school sites, Note: no Field 5 group based wivEaes homes, and allowed field services 2015 2020 Early 6 Intervention 2020. added levels of care in place + $90,279,243 in DMC contract funding 2015 2020 $4,437,899 $94,717,142 + 99% staff • ■ 44 T TT 41AFfiT 2015 2020 po Hiverslicie University HEALTH SYSTEM Behavioral Health Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 14, 2021 SUBJECT: Authorize the Mayor to Execute the Amendment to the Joint Powers Agreement of the Western Riverside Council of Governments PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council authorize the Mayor to execute the amendment to the Joint Powers Agreement of the Western Riverside Council of Governments. BACKGROUND: The City of Temecula, along with other member cities of Western Riverside Council of Governments (WRCOG), is being asked to ratify an amendment to the Joint Powers Agreement (JPA). The Executive Committee of WRCOG approved the amendment to the JPA on November 1, 2021 and authorized WRCOG staff to obtain approvals from member cities. The changes are outlined in the attached memo and redlined copy of the amendment received from WRCOG. Upon approval, the requisite signature pages will be transmitted to WRCOG as requested. FISCAL IMPACT: None ATTACHMENTS: Amendment to Joint Powers Agreement Western Riverside Council of Governments VVeslern Municipal VValer Uistncl • Kiverside �_.ounly Juperinlendent of Jchools November 19, 2021 RECEIVED NOV 2 3 2021 Randi Johl City Clerk (;I Y (;LERKS DEPT City of Temecula 41000 Main St. Temecula, CA 92590 Subject: Approval of Amendment to the Western Riverside Council of Governments' Joint Powers Agreement Dear Ms. Johl: The Western Riverside Council of Governments (WRCOG) has made a number of revisions to its Joint Powers Agreement (JPA). On November 1, 2021, staff presented this item to WRCOG's Executive Committee for approval. The Executive Committee has directed staff to forward the JPA Amendment to WRCOG's member agencies for their approval. Please agendize this item for approval at an upcoming City Council meeting and notify me of when that is scheduled for. Once this item has been approved, please return 19 original signatures of the enclosed signature sheet. I will return a fully executed set to you once all member agencies have done the same. Enclosed for your reference and use is a copy of the staff report presented to the Executive Committee, a red -line version of the changes made to the JPA, as well as a clean copy of the JPA. Please feel free to contact me should you have any questions at (951) 405-6702 or ileonard[�wrcog.us. Sincerely, Janis L. Leonard Administrative Services Manager Enclosures: 1) WRCOG staff report dated November 1, 2021 2) Red -line version of the changes made to the JPA 3) Clean copy of the JPA 4) Signature sheet for your jurisdiction 3390 University Avenue, Suite 200 • Riverside, CA 92501 9 �951 1405-6700 9 www.wrcog.us Item 6.13 Western Riverside Council of Governments CooncyiloF Govem'�menb Executive Committee Staff Report Subject: Updates to WRCOG JPA and Bylaws Contact: Dr. Kurt Wilson, Executive Director, kwilsonbwrcog.us, (951) 405-6701 Date: November 1, 2021 Rgqmgsted Action(s): 1. Direct staff to forward the JPA Amendment to WRCOG member agencies for their approval. 2. Adopt Resolution Number 25-21; A Resolution of the Executive Committee of the Western Riverside Council of Governments amending its Bylaws. Purpose: The purpose of this item is to present an updated version of the WRCOG Joint Powers Agreement and Bylaws. These updates were made based on direction from a subcommittee tasked with reviewing both documents. Background: The practices, role, and needs of WRCOG have evolved over the past three decades. The processes outlined in the formation document (Joint Powers Agreement) and the operational document (Bylaws) should be updated from time to time in order to capture changes in the needs, intent, and focus of the Executive Committee. This agenda item proposes updates to both documents. Earlier this summer, a subcommittee comprised of Vice -Chair Crystal Ruiz, Committee member Brian Tisdale, Committee member Ben Benoit, and immediate Past Chair Kevin Bash met to evaluate and propose changes to WRCOG's Bylaws. The group met over a series of months and identified several substantive changes along with several formatting and/or stylistic changes. Upon completion of their work on the Bylaws, Chair Spiegel tasked the group with performing a similar task with the Joint Powers Agreement — the parent document to the Bylaws. The group convened and has completed its work. Both documents are attached as proposed (clean) version and redline version. A partial list of key changes to the JPA is listed below. For the full scope of changes, please see the attached red line document (Attachment 1) (list of substantive changes). The changes are intended to: Remove references to the membership of the Morongo Band of Mission Indians. 2. Modernize language and processes, including removal of references to use of member agency employees to perform day-to-day WRCOG Agency business. 3. Completely revise indemnity language to better articulate WRCOG responsibility to indemnify member agencies. 4. Remove outdated arbitration provision. A partial list of key changes to the Bylaws is listed below. For the full scope of changes, please see the attached red line document (Attachment 3) (list of substantive changes). The changes are intended to: 1. Clarify the role of the Chairperson to include, without limitation, the power to execute documents or take other actions as directed by the Executive Committee, make appointments to the Administration & Finance Committee, create and appoint to ad hoc committees, and call special meetings. 2. Clarify which official will preside over the meeting when the Chair is absent. Designates the Past Chair to preside over the meeting if the Chair, Vice -Chair, and Second Vice -Chair are absent. 3. Clarify the duties of the Executive Director and General Counsel and the Executive Committee's ultimate oversight authority over the Executive Director and General Counsel. Duties of the Executive Director include: a. Administration of personnel system b. Administration of contracts c. Preparation of audit by outside auditor d. Enforcement of policies, rules and regulations, motions, or resolutions e. Preparation and implementation of budget 4. Establish the selection, oversight, and termination process of the Executive Director and General Counsel. 5. Update gender references. 6. Make various non -substantive language changes for clarity. Prior Action Us: October 13, 2021: The Administration & Finance Committee recommended that the Executive Committee 1) direct staff to forward the JPA Amendment to WRCOG member agencies for their approval; and 2) adopt Resolution Number 25-21; A Resolution of the Executive Committee of the Western Riverside Council of Governments amending its Bylaws. Fiscal impact: This item is for informational purposes only; therefore, there is no fiscal impact. Attachment(s): Attachment 1 - JPA - red lined Attachment 2 - JPA - clean Attachment 3 - Bylaws - red lined Attachment 4 - Resolution Number 25-21 Amending the Bylaws Updated through XXXXXXXX "l-I Revised JOINT POWERS AGREEMENT OF THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS This Agreement is made and entered into on the 1st day of April, 1991, pursuant to Government Code Section 6500 et. seq.,, and other pertinent provisions of law, by and between six or more of the cities located within Western Riverside County and the County of Riverside. RECITAL A. Each member and party to this Agreement is a governmental entity established by law with full powers of government in legislative, administrative, financial, and other related fields. B. The purpose of the formation is to provide an agency to conduct studies and projects designed to improve and coordinate the common governmental responsibilities and services on an area -wide and regional basis through the establishment of an association of governments. The Council will explore areas of inter- governmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concern. C. When authorized pursuant to an Implementation Agreement, the Council shall manage and administer thereunder. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: 1 PURPOSE AND POWERS 1.1 Agency Created. There is hereby created a public entity to be known as the "Western Riverside Council of Governments" ("WRCOG" or "the Council). WRCOG is formed by this Agreement pursuant to the provision of Government Code Section 6500 et. seq. and other pertinent provision of law. WRCOG shall be a public entity separate from the parties hereto. 1.2 Powers. 1.2.1. WRCOG established hereunder shall perform all necessary functions to fulfill the purposes of this Agreement. Among other functions, WRCOG shall: a. Serve as a forum for consideration, study, and recommendation on area -wide and regional problems;ry b. Assemble information helpful in the consideration of problems peculiar to Western Riverside County;- '-C . Explore practical avenues for intergovernmental cooperation, coordination, and action in the interest of local public welfare and means of improvements in the administration of governmental services-,-a-Rd. d. Serve as the clearinghouse review body for Federally -funded projects in accordance with Circular A-95 in conjunction with the Southern California Association of Governments. 1.2.2. The Council shall have the power in its own name to do any of the following;_ 2 20323.00002\1494125.20 a. When necessary for the operation of the Council, to make and enter into contracts- ,-,.- b. To contract for the services of engineers, attorneys, planners, financial consultants, and separate and apart therefrom to employ such other persons, as it deems necessary;; C. To apply for an appropriate grant or grants under any federal, state, or local programs-, d. To receive gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations; and any governmental entity; e. To lease, acquire, construct, manage, maintain, and operate any buildings, works, or improvements;_ f. To delegate some or all of its powers to the Executive Committee and the Executive Director of the Council as hereinafter provided. 1.2.3 The a&see+a#4ef4-(-,a ncd shall have the power in its own name, only with the approval of all affected member agencies to: a. Acquire, hold and dispose of property by eminent domain, lease, lease purchase or sale b. To incur debts, liabilities, obligations, and issue bonds,, ORGANIZATION OF COUNCIL 2.1 Parties. 3 20323 00002\1494125 20 The parties to WRCOG shall be the County of Riverside and each city located within Western Riverside County which has executed or hereafter executes this Agreement, or any addenda, amendment, or supplement hereto and agrees to become a member upon such terms and conditions as established by the General Assembly or Executive Committee, and which has not, pursuant to provisions hereof, withdrawn herefrom— (the "Member Agencies"). Only the parties identified in this section and Associate Members approved under section 8.2 of this Agreement, if any, shall be considered contracting parties to this Agreement under Government Code section 6502, provided that the rights of any Associate Member under this Agreement shall be limited solely those rights expressly set forth in a PACE Agreement authorized in section 8.2 of this Agreement. 2.2 Names. The names, particular capacities and addresses of the parties shall be shown on Exhibit "A" attached hereto, as amended or supplemented from time to time by the Executive Director. If the Executive Director amends or supplements Exhibit "A ", a copy of the revised Exhibit "A" shall be provided to the members. 2.3 Duties. WRCOG shall do whatever is necessary and required to carry out the purposes of this Agreement and when authorized by an Implementation Agreement pursuant to section 1.2.3 as appropriate, to make and enter into such contracts, incur such debts and obligations, assess contributions from the members, and perform such other acts as are necessary to the accomplishment of the purposes of such agreement, 4 20323.00002\ 1494125,20 within the provisions of Government Code Section 6500 et seq. and as prescribed by the laws of the State of California. 2.4 Governing Body. 2.4.1. WRCOG shall be governed by a General Assembly with membership consisting of representatives from the County of Riverside, each city which is a signatory to this Agreement, the Western Municipal Water District,,~ nd the Eastern Municipal Water District e-Marange-ga�i"f-N4 ss�G€i indians ("Marengo") (collectively, the "General Assembly Member Agencies"). Each General Assembly Member Agency shall have one vote for each 111 Gy:;� i` :., 3„t..- , ceUnG+t 100''UM61 member, GGunty 4i ewiss�::a 3a r r =F, wafe-'"y'2it i d--s�i�-t-� is',' i B a 'j { } ei `%i ii t and +rihnl nn� in .e,; ._. =�, EFI I�i2e present at the General Assembly. The General Assembly shall act only upon a majority of a quorum. A quorum shall consist of a majority of the total authorized representatives, provided that voting representatives of a majority of the General Assembly Member Agencies are present. The General Assembly shall adopt and amend by-law-s Ry! _, for the administration and management of this Agreement, which when adopted and approved shall be an integral part of this Agreement. Such by-laws- 5, i �;iYs may provide for the management and administration of this Agreement. The General Assembly shall meet at least once annually, preferably scheduled in the evening. 2.4.2. There shall be an Executive Committee which exercises the powers of this Agreement between sessions of the General Assembly. Members of the Executive Committee shall be the Mayor from each of the member cities, four members of the Riverside County Board of Supervisors, F, ic1_the President of each Water District,�"ti m�++tea nn�n, Each City Council, 1 l ITCCL..�4TL�Ti 5 20323.00002\ 1494125.20 at its discretion, can appoint its Mayor Pro Tern or other City Council member in place of the Mayor. Each weer distriGt t t„ b49-a4*:3r-3- rd, at its discretion, can appoint another Board member in place of the President. The Tr4a' G—e innil VAr.rr�r���s FOR [err:.'- r_rfrs,� The Executive Committee shall act only upon a majority of a quorum. A quorum shall consist of a majority of the Executive Committee Members. Voil' ! xr'-li be cast n Jr + 2.4.3. Each member of the General Assembly and the Executive Committee shall be a current member of the legislative body such member represents. 2.4.4. Each Executive Committee Member shall also have an alternate, who must also be a current member of the legislative body of the party such alternate represents. The remaining member of the Board of Supervisors shall serve as an alternate for the Board of Supervisors. The name of the alternate members shall be on file with the Executive Go-m"ttee-,Di ec-ro In the absence of the regular member from an agency, the alternate member from such agency shall assume all rights and duties of the absent regular member. 2.5 Executive Director. The Executive Director shall be the chief C; i r a�#minitra+«.a Gexcuti eOfficer of the Council. He oi, she shall receive such compensation as may be fixed by 6 20323.00002\1494125.20 the Executive Committee. The powers and duties of the Executive Director shall be subject to the authority of the Executive Committee and include the following: a. To appoint, direct and remove employees of the Council. b. Annually to prepare and present a proposed budget to the Executive Committee and General Assembly. C. Serve as Secretary of the General Assembly and of the Executive Committee. d. To attend meetings of the General Assembly and Executive Committee. e. To perform such other and additional duties as the Executive Committee may require. 2.6 Principal Office. The principal office of WRCOG shall be established by the Executive Committee and shall be located within Western Riverside County. The Executive Committee is hereby granted full power and authority to change said principal office from one location to another within Western Riverside County. Any change shall be noted by the Secretary under this section but shall not be considered an amendment to this Agreement. 2.7 Meetings. The Executive Committee shall meet at the principal office of the agency or at such other place as may be designated by the Executive Committee or Ch.ak. The time and place of regular meetings of the Executive Committee shall be determined by TTr CA III!! n „4pted by --the Executive Committee; a copy of such resel -,shall be furnished to each party hereto. Regular, adjourned, and special meetings shall be 7 20323.00002\1494125.20 called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et. seq., as it may be amended. 2.8 Powers and Limitations of the Executive Committee. Unless otherwise provided herein, each Member or participating alternate of the Executive Committee shall be entitled to one vote, and a vote of the majority of those present and qualified to vote constituting a quorum may adopt any motion, resolution, or order and take any other action they deem appropriate to carry forward the objectives of the Council. 2.9 Minutes. The �==,ecretary of the Council shall cause to be kept minutes of regular, adjourned regular, and special meetings of the General Assembly and Executive Committee, and shall cause a copy of the MiRutes to be forwarded to each member. 2.10 Rules. The Executive Committee may adopt from time to time such rules and regulations for the conduct of its affairs consistent with this Agreement or any Implementation Agreement. 2.1.321 Officers. 8 20323.00002\ 1494125.20 There shall be selected from the membership of the Executive Committee, a Gh i Sefl' , <ii`', a We V `il- and a sesend vice -v'jI/ '—, ohairperson r�,� '� The Executive Director shall be the s secretary �3 ':r i}=�,Ji. The Treasurer and the Auditor shall be appointed by the Executive Director and must be officers or employees of WRCOG. The Executive Director may appoint a single officer or employee of WRCOG to serve in both the Treasurer and Auditor positions. Such person(s) shall possess the powers of, and shall perform the treasurer and functions respectively, for WRCOG and perform those functions required of them by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto. The c#air�e c�l�-.'' Vi `jr„- ,_s lr#aersv c. and seGend � co-n-C? v4r--e J,-I--eE;haiFpersef:�-k(I shall hold office for a period of one year commencing at the c4©-se�of the e a' ❑�emb"eet+ege i-1,i_:di!e�•; J'Ulv 444ei "eGt+en, and ending one year thereafter, or until his or her successor is elected. i �%e 2.1432 Committees. The Executive Committee may, as it deems appropriate, establish committees to accomplish the purposes set forth herein. All standing committee meetings 9 20323.00002\ 1494125.20 of WRCOG, including those of the Executive Committee, shall be open to all Executive Committee Members in accordance with the Brown Act 2.1-54'3 Additional Officers-an4:E:!LR The Executive Committee shall have the power to authorize such additional #+oe H! : afe aid enap4eyees, as may be appropriate. 2.1&4 Bonding Reguirement. The e#iGers__'micer,�-n, or persons who have charge of, handle, or have access to any property of WRCOG shall be the Treasurer, the Executive Director, and any other e= c;r or persons designated or empowered by the Executive Committee. Each such e#ieer Officeor person shall be required to file an official bond with the Executive Committee in an amount which shall be established by the Executive Committee. Should the existing bond or bonds of any such off�;GeF "% i1ce f be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of WRCOG. 2.17-65 Status of Officers,3-nd.4ee�s. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of of icers ffic.ers, agents, or employees of any of the members when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. NaRe of the nfF,Tive FG, ageRtG, OF eM lGIyee-S-acPf i d1}y the bN eason of their employment by t 10 20323.00002\ 1494125.20 €-*eGutive-GGrn #tee o "�&.,played-.lay-aq"f-th&-rnernbefs-�, Teaso--e_the+r 2.16-7iq Restrictions. Pursuant to Government Code Section 6509, for the purposes of determining the restrictions to be imposed by the Council in its exercise of the above -described joint powers, reference shall be made to, and the Council shall observe, the restrictions imposed by state law upon the County of Riverside. 2.199-1 TUMF Matters - Water Districts-and-k4a- rera e. Pursuant to this Joint Powers Agreement, WRCOG administers the Transportation ja i;)hr-f Mitigation Fee ("TUMF") for cities in Western Riverside County. The fee was established prior to the Water District's and Morang involvement with WRCOG and will fund transportation improvements for the benefit of the County of Riverside and the cities in Western Riverside County. As such, the Western Municipal Water District. andI; the Eastern Municipal Water District; weal---Mofoi4go--Geaeral Assembly and -Executive Committee Members shall not vote on any matter related to the administration of the TUMFprogram-Pm amp, or the expenditure of TUMF revenues. FUNDS AND PROPERTY 3.1 Treasurer. The Treasurer of the Council shall have custody of all funds and shall provide for strict accountability thereof in accordance with Government Code Section 6505.5 and other applicable laws of the State of California. He or she shall perform all of 11 20323.00002\1494125.20 the duties required in Government Code Section 6505 et. seq., and such other duties as may be prescribed by the Executive Committee. 3.2. Expenditure of Funds. The funds under this Agreement shall be expended only in furtherance of the purposes hereof and in accordance with the laws of the State of California and standard accounting practices shall be used to account for all funds received and disbursed. 3.3. Fiscal Year. WRCOG shall be operated on a fiscal year basis, beginning on July 1 of each year and continuing until June 30 of the succeeding year. Prior to July 1 of each year, the General Assembly shall adopt a final budget for the expenditures of WRCOG during the following fiscal Year. 3.4. Contributions / Public Funds. In preparing the budget, the General Assembly, by majority vote of a quorum, shall determine the amount of funds which will be required from its members for the purposes of this Agreement. The funds required from its members after approval of the final budget shall be raised by contributions 50% of which will be assessed on a per capita basis and 50% on an assessed valuation basis, each city paying on the basis of its population and assessed valuation., and the County paying on the basis of the population and assessed valuation within the unincorporated area of Western Riverside County as defined in the by ,�E3y a.v, . The parties, when informed of their respective contributions, shall pay the same before August 1 st of the fiscal year for which they are assessed or within sixty days of being informed of the assessment, whichever occurs 12 20323 00002\1494125 20 later. In addition to the contributions provided, advances of public funds from the parties may be made for the purposes of this Agreement. When such advances are made, they shall be repaid from the first available funds of WRCOG. The General Assembly shall have the power to determine that personnel, equipment or property of one or more of the parties to the Agreement may be used in lieu of fund contributions or advances. All contributions and funds shall be paid to WRCOG and shall be disbursed by a majority vote of a quorum of the Executive Committee, as authorized by the approved budget. 3.5 Contributions from Water Districts ,f1 : s }„"z,:,°f:�3.`. The provision of section =�;�;�r 3.4 above shall be inapplicable to the Western Municipal Water District. —the Eastern Municipal Water Distric_, cf;�_� a11, U, s ; }. :. The amount of contributions from these water districts and Motu,,. 'o shall be through the WRCOG budget process. ,�, S,`1 (ter. plv to ;� �"1-'' ""fk i"�, <' '� Et;l `���< s r i ( ., IV BUDGETS AND DISBURSEMENTS 4.1 Annual Budd. The Executive Committee may at any time amend the budget to incorporate additional income and disbursements that might become available to WRCOG for its purposes during a fiscal year. 4.2 Disbursements. 13 20323 00002\1494125 20 The Executive Director shall request warrants from the Auditor in accordance with budgets approved by the General Assembly or Executive Committee subject to quarterly review by the Executive Committee. The Treasurer shall pay such claims or disbursements and such requisitions for payment in accordance with rules, regulations, policies, procedures~ and :)y I_ll.t:.3- adopted by the Executive Committee. 4.3 Accounts. All funds will be placed in appropriate accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities and pursuant to Government Code Sections 6505 et seq., and any other applicable laws of the State of California. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Executive Committee. 4.4 Expenditures Within Approved Annual Budget. All expenditures shall be made within the approved annual budget. No expenditures in excess of those budgeted shall be made without the approval of a majority of a quorum of the Executive Committee. 4.5 Audit. The Auditor shall or contract with an independent certified public accountant or public accountant to make an annual audit of WRCOG's accounts and records, and copies of such audit report shall be filed with the County Auditor, State Controller, and each party to WRCOG no later than fifteen (15) days after receipt of said audit by the Executive Committee. The Auditor shall perform those functions required of 14 20323 00002\1494125 20 him or her by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto. 4.6 Reimbursement of Funds. Grant funds received by WRCOG from any federal, state, or local agency to pay for budgeted expenditures for which WRCOG has received all or a portion of said funds from the parties hereto shall be used as determined by WRCOG's Executive Committee. V LIABILITIES 5.1 Liabilities. The debts, liabilities, and obligations of WRCOG shall be the debts, liabilities, or obligations of WRCOG alone and not of the parties to this Agreement. 5.2 Liability of Directors, Officers, and Er'noloyees. The Directors, 90fflcers. and ernplov-es of the ytherityA( nny oi11161 shall LISe oi-dinary care and reason -able diligence in the exercise of their o'h�er end in the performance of their dUtiespU'rsu rnt to this Agreement_ No current or former Director, 9Officer or emplovpe will be responsible for any_act or ornission by another Director. 9Officer, or emplovee. The AutMrityAyL,n,.■.Council shall defend, indemnify_ and hold handless the individual current and former Directors. eOfficers, and_employees for any acts or omissions in the scnqpe of their e2jploy_r29nto✓r duties in the manner provided California Government Code 995_et sea, Nothinq in this section shall be construed to limit the defenses available under the law to the Member Agencies, the ❑,}�^��l.,n^�^^"Co1��7cil pr its directors, 90fficers, or emplayees. 15 2032 3.00002\ 1494125, 20 j I Au thpJ",,C)IL, 1 1 il S, i XIM"�'," cliu-,h J, ckoveraini,`", Cu a e Fite lide L �til- r t a�v to o o 4, C', t, 4, in S t Sl- op oafd L, X6 Llti-V,,� -C-0-r!) C T-I k':,, e t lri F, necF--S-, AqeRr,vAu#ior-iWCounc-.!'l, andl Ufli �-vlcmlbt3r 'Fre ALitherityAgenGy,-,ciir-�--'�'�, sha" I- 5� cil 1 anc fo, �vl-o�- x--i Auc-n.ci�,-s and of I � 11 1 1 4`w. U, k:,, � -d T, I u 1,1 ii�MfiR,S!6 L! d I - I, ;- Wk 491 , " - - - -- - I- y - - I; -f , rf 1 11 � I bersbe and ai a i, cl i .' un f" v Ironntifu gib l..#�.-CO.- M, S, o jo f�: r a t 1 "'D S, El 3 0 ")Si r 1 S 0 T Auth3r4yAgenc,v(-oundl �Ufl t'2' 'W5 CODMIe" WheFe t epeFa4-A�la�of-E*eGu#ve Gommit its -self A-.r its agents 9F employees M OHIM9 rZIM fan UZI Ms.. 16 20323.00002\1494125.20 di�e�ly--res�an�il�ll�#ate#-he--negEige�►#--or--w-r8�f�l--acts--a� �ra�issaoala-�nder�nF#y; +�aa-tte��ar�g-car}eider-ed-�y--tk�e-Eener�a-Ae-se�a�y--�r-exes�t+, vR�r-soe-��it#ee--e� � r � a.F.a F • a � a F art' s#11 rearrtk+�l�emer A4e rye ��dC 9 G VI ADMISSION AND WITHDRAWAL OF PARTIES 6.1 Admission of New Parties. It is recognized that additional cities other than the original parties, may wish to participate in WRCOG. Any Western Riverside County city may become a party to WRCOG upon such terms and conditions as established by the General Assembly or Executive Committee. Any Western Riverside County city shall become a party to WRCOG by the adoption by the city council of this Agreement and the execution of a written addendum hereto agreeing to the terms of this Agreement and agreeing to any additional terms and conditions that may be established by the General Assembly or Executive Committee. Special districts which are significantly involved in regional problems and the boundaries of which include territory within the collective area of the membership shall be eligible for advisory membership in the Council by the execution of a separate MOU setting forth the terms of such participation. The representative of any such advisory member may participate in the work of committees of the Council. 6.2 Withdrawal from WRCOG. 17 20323.00002\1494125.20 It is fully anticipated that each party hereto shall participate in WRCOG until the purposes set forth in this Agreement are accomplished. The withdrawal of any party, either voluntary or involuntary, unless otherwise provided by the General Assembly or Executive Committee, shall be conditioned as follows: a. In the case of a voluntary withdrawal following a properly noticed public hearing, written notice shall be given to WRCOG, six months prior to the effective date of withdrawal;,, b. Withdrawal shall not relieve the party of its proportionate share of any debts or other liabilities incurred by WRCOG prior to the effective date of the party's notice of withdrawal i In a <;}9 ,1..3 ,,r),i s is i ,. -,-Aili c ie Vi:,r- c. Unless otherwise provided by a unanimous vote of the Executive Committee, withdrawal shall result in the forfeiture of that party's rights and claims relating to distribution of property and funds upon termination of WRCOG as set forth in Section VII below,. d. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from membership in WRCOG. VII TERMINATION AND DISPOSITION OF ASSETS 7.1 Termination of this Aareement. WRCOG shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof or until the parties shall have mutually rescinded this Agreement=. providing, however, that WRCOG and this 18 20323 00002\1494125 20 Agreement shall continue to exist for the purposes of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of WRCOG. Termination shall be accomplished by written consent of all of the parties, or shall occur upon the withdrawal from WRCOG of a sufficient number of the agencies enumerated herein so as to leave less than five of the enumerated agencies remaining in WRCOG. 7.2 Distribution of Property and Funds. In the event of the termination of this Agreement, any property interest remaining in WRCOG following the discharge of all obligations shall be disposed of as the Executive Committee shall determine with the objective of distributing to each remaining party a proportionate return on the contributions made to such properties by such parties, less previous returns, if any. VIII IMPLEMENTATION AND PARTICIPATION AGREEMENTS: ASSOCIATE MEMBERSHIP 8.1 Execution of Agreement. When authorized by the Executive Committee, any affected member agency; or agencies enumerated herein, may execute an Implementation Agreement for the purpose of authorizing WRCOG to implement, manage and administer area -wide and regional programs in the interest of the local public welfare. The costs incurred by WRCOG in implementing a program, including indirect costs, shall be assessed only to those public agencies who are parties to that Implementation Agreement. 8.2 PACE Agreements; Associate Membership. 19 20323.00002\ 1494125.20 WRCOG shall be empowered to establish and operate one or more Property Assessed Clean Energy ("PACE") pr$grarns � ,� �e { pursuant to Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways Code, and to enter into one or more agreements, including without limitation, participation agreements, implementation agreements: and joint powers agreements and amendments thereto to fulfill such programs both within and outside the jurisdictional boundaries of WRCOG. WRCOG, acting through its Executive Committee, shall be empowered to establish an "Associate Member" status that provides membership in WRCOG to local jurisdictions that are outside WRCOG's jurisdictional boundaries but within whose boundaries a PACE program P,—n1r--,.m will be established and implemented by WRCOG. Said local jurisdictions shall become Associate Members of WRCOG by adopting one or more agreements (the "PACE Agreement") on the terms and conditions established by the Executive Committee and consistent with the requirements of the Joint Exercise of Powers Act, being 5 of Division 7, Title 1 of the California Government Code (Sections 6500 et seq.). The rights of Associate Members shall be limited solely to those terms and conditions expressly set forth in the PACE Agreement for the purposes of implementing the PACE pFagram Prot-Ir within their jurisdictional boundaries. Except as expressly provided for by the PACE Agreement, Associate Members shall not have any rights otherwise granted to WRCOG's members by this Agreement, including but not limited to the right to vote, right to amend this Agreement, and right to sit on committees or boards established under this Agreement or by action of the Executive Committee or 20 20323 00002\1494125 20 the General Assembly, including, without limitation, the General Assembly and the Executive Committee. IX MISCELLANEOUS 9.1 Amendments. This Agreement may be amended with the approval of not less than two-thirds (2/3) of all member agencies. 9.2 Notice. Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the addresses of the parties as shown on Exhibit "A", shall be deemed to have been received by the party to whom the same is addressed at the expiration of seventy-two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. 9.3 Effective Date. This Agreement shall be effective and WRCOG shall exist from and after such date as this Agreement has been executed by any seven or more of the public agencies, including the County of Riverside, as listed on page 1 hereof. ,I�fil'�L�1fl�llYLa IL J'YiYL 2�YL'+Yi!lll1W :i�ilVILT., 1A 1.=I:.IF IU•r �1Wli 1.-.2 �ll�L�]Il1Yl'�ilY.4Y1�11nYlll�ly' _ _ _ _ 21 20323.00002\1494125.20 determined-bar--ar#itrat+an. Th"ar►�s-iring4o-in-i ate--arb+trati4�-sha1I- gi-ve-notice of its as the ip,44atinn party intendsrte ha tA n d by-an—wfrd m e4herein Afly-p-a4y the -Executive Dices -ter e#-the--Geunc4VVR-G95-aef�se--md}sat f;94ts4nte#iGr.49- a4+4n r�rr.:r_�rr:�sr�rrrrale�r .r�rr� dernand-4or-arbit-ratioq,-4he4pitia# ng.-pa"4-4,fe4espendenl-oF respondents s#aWeac-h design inpmal numbeF of dditinnvnal per-ves as ;; lhttpainr&-ie niay-be-ncaGessary taGFeateTRl VC ri fn4�l rn� ��i� �rhifrnfnrc bi ess fh1 e l-serve . � �.rs��:�e . �. ■rr. _ . r.�nrr�• .�r_��tre:��?rir�s�a=r��� 9.&4 Partial Invalid If any one or more of the terms, provisions, sections, promises, covenants, or conditions of this Agreement shall, to any extent; be adjudged invalid, unenforceable, void. or voidable for any reason whatsoever by a court of competent jurisdiction, each 22 2032 3.00002\ 1494125.20 and all of the remaining terms, provisions, sections, promises, covenants,, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 9.65 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. 9.7-h, Assignment. The parties hereto shall not assign any rights or obligations under this Agreement without written consent of all other parties. 9.97 Execution. The Board of Supervisors of the County of Riverside and the 64y ify ^W -' j' ncils of the cities enumerated herein have each authorized execution of this Agreement as evidenced by the authorized signatures below, respectively. 23 2032100002\ 1494125.20 Updated through xxxxxxxxNove,r nib 1, 2024-9 Revised EXHIBIT "A" Original Members . . . ........... it!, - -- Il 16-r-"M 4-2—. G ity of Rivevs4de 14. Gity MeGub City of Bannincl 2. City Of BeaL1111011t (reioined June 22-2017' 3. City oi calimesa 4 City of Can an Lake 1City of Corona 6, CiN of Hemet 99 E. Ramsey. 8awnir1g, _CA92220 550 East 6th Street Beaurnonit. CA 92223- 908 Park Avenue, Cahnnesa, CA 922'310 315,16 Railroad Canyon Road. Canyon Lake. CA 9258", 400 S. Vicentia Avenue, Coroia, CA 92882 4.45 East Florida Avenije, Hornet, CA 92543 24 20323.00002\1494125.20 T Qft_y_pnke Elsinore _f U. a, QLty--Qf Morena Valle_y - City -of M!-irrie_ -ta L . City of -Norco 11 City_ of Pori -is 12, City of Riverside 13, City of San Jacinto 1� ]%!ty of Ternecula. 1 5_ Co-Llnty..c).f Riverside --astvaie (addecion 08/02/2010, Resolution 01- 2. Citv of Juruoa .alley 'added on 07/29/2011, Resolution 3. City of Menifee (added on 10/06/2008, Resolution 03- m 08,104/2008, Resolution 01- 991 20323.00002\1 494125.20 130 S. Main Street, Lake Elsinore, -CA 92530 1417� Frederick Street. Moreno Valiev, CA 92552 1 TI own Square, MUrrieta. CA 92562 28, - '-'1-9,k Avenue Norco. CA 92860 101 North D" Street. Perris, CA 92570 3900 Main Street, Riverside. CA 92522 595 S. San Jacinto Ave-,,Ue, BLOIdina B-, -3-311 4�16P.1c),CA-925.83 41000 Malin Street Ternecula, CA 92590 4080 Lemor_$tree t Riverside, CA 92501 Additional City Members Urrionitt 8930 Limonite Aveno : Jurup .,,astvale, G!i� 91 �52 29844 HaLln Roarl. Manifee. CA 92586 23873 Clinton Keith Rd., Suite 201, \/'JjldorT)ar, CA 92595 For Reference Only Participating Agencies 25 g ►BYTOM M-1■...... -.2. w LtA,FL,tREA �]rqmfimzzIriTiTiT 3. Riverside Gnil Rty-&fpe#RteRdePt-Qf 29 i. Eastern Nlumcip Z- 1 ruRoad. 2" 10 1-1 I nible ad, Perris, CA 925-7ic- Distvict qyLeMer5 ijjj�r the Governinq Board of WRCOG. 05/11/2009) 2 Western N/junicip,11 Water 14205, Meridian Parkway,. Riverside. CA 92518 District {r�ifLi�ibers )L�gR the Governinq Board of VVRQ,OG, 05/11/2009) I Riverside QGLIIII� 3939 Thirteenth Street Rive,,--,ide. CA 92501 . Lryjennbership as an ex-- officio, advisory member of WR OG. 11/07/2011) 4., M.,,)rgngo Band of Mission Indians (membership an the Governing Board of VVPU—OG, 711612015, VVithdrawn as_of,N_pvern_ber_4_.20,20) 26 2032 3.00002\ 149412 5.20 Updated through November 1,2021 Revised JOINT POWERS AGREEMENT OF THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS This Agreement is made and entered into on the 1 st day of April 1991, pursuant to Government Code Section 6500 et. seq., and other pertinent provisions of law, by and between six or more of the cities located within Western Riverside County and the County of Riverside. RECITALS A. Each member and party to this Agreement is a governmental entity established by law with full powers of government in legislative, administrative, financial, and other related fields. B. The purpose of the formation is to provide an agency to conduct studies and projects designed to improve and coordinate the common governmental responsibilities and services on an area -wide and regional basis through the establishment of an association of governments. The Council will explore areas of inter- governmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concern. C. When authorized pursuant to an Implementation Agreement, the Council shall manage and administer thereunder. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: 1 20323.00002\ 1494125.20 1. PURPOSE AND POWERS 1.1 Agency Created. There is hereby created a public entity to be known as the "Western Riverside Council of Governments" ("WRCOG" or "the Council). WRCOG is formed by this Agreement pursuant to the provision of Government Code Section 6500 et. seq. and other pertinent provision of law. WRCOG shall be a public entity separate from the parties hereto. 1.2 Powers. 1.2.1. WRCOG established hereunder shall perform all necessary functions to fulfill the purposes of this Agreement. Among other functions, WRCOG shall: a. Serve as a forum for consideration, study, and recommendation on area -wide and regional problems. b. Assemble information helpful in the consideration of problems peculiar to Western Riverside County. C. Explore practical avenues for intergovernmental cooperation, coordination, and action in the interest of local public welfare and means of improvements in the administration of governmental services. d. Serve as the clearinghouse review body for Federally -funded projects in accordance with Circular A-95 in conjunction with the Southern California Association of Governments. 2 following: 1.2.2. The Council shall have the power in its own name to do any of the a. When necessary for the day-to-day operation of the Council, to make and enter into contracts. b. To contract for the services of engineers, attorneys, planners, financial consultants, and separate and apart therefrom to employ such other persons, as it deems necessary. C. To apply for an appropriate grant or grants under any federal, state, or local programs. d. To receive gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity. e. To lease, acquire, construct, manage, maintain, and operate any buildings, works, or improvements. f. To delegate some or all of its powers to the Executive Committee and the Executive Director of the Council as hereinafter provided. 1.2.3 The Council shall have the power in its own name, only with the approval of all affected member agencies to: a. Acquire, hold, and dispose of property by eminent domain, lease, lease purchase or sale. b. To incur debts, liabilities, obligations, and issue bonds. ORGANIZATION OF COUNCIL 3 2.1 Parties. The parties to WRCOG shall be the County of Riverside and each city located within Western Riverside County which has executed or hereafter executes this Agreement, or any addenda, amendment, or supplement hereto and agrees to become a member upon such terms and conditions as established by the General Assembly or Executive Committee, and which has not, pursuant to provisions hereof, withdrawn herefrom (the "Member Agencies"). Only the parties identified in this section and Associate Members approved under section 8.2 of this Agreement, if any, shall be considered contracting parties to this Agreement under Government Code section 6502, provided that the rights of any Associate Member under this Agreement shall be limited solely those rights expressly set forth in a PACE Agreement authorized in section 8.2 of this Agreement. 2.2 Names. The names, particular capacities and addresses of the parties shall be shown on Exhibit "A" attached hereto, as amended or supplemented from time to time by the Executive Director. If the Executive Director amends or supplements Exhibit "A," a copy of the revised Exhibit "A" shall be provided to the members. 2.3 Duties. WRCOG shall do whatever is necessary and required to carry out the purposes of this Agreement and when authorized by an Implementation Agreement pursuant to section 1.2.3 as appropriate, to make and enter into such contracts, incur such debts and obligations, assess contributions from the members, and perform such other acts as are necessary to the accomplishment of the purposes of such agreement, 4 within the provisions of Government Code Section 6500 et seq. and as prescribed by the laws of the State of California. 2.4 Governing Body. 2.4.1. WRCOG shall be governed by a General Assembly with membership consisting of representatives from the County of Riverside, each city which is a signatory to this Agreement, the Western Municipal Water District, and the Eastern Municipal Water District (collectively, the "General Assembly Member Agencies"). Each General Assembly Member Agency shall have one vote for each Mayor, Council member, County Supervisor, and Water District Board Members present at the General Assembly. The General Assembly shall act only upon a majority of a quorum. A quorum shall consist of a majority of the total authorized representatives, provided that voting representatives of a majority of the General Assembly Member Agencies are present. The General Assembly shall adopt and amend Bylaws for the administration and management of this Agreement, which when adopted and approved shall be an integral part of this Agreement. Such Bylaws may provide for the management and administration of this Agreement. The General Assembly shall meet at least once annually, preferably scheduled in the evening. 2.4.2. There shall be an Executive Committee which exercises the powers of this Agreement between sessions of the General Assembly. Members of the Executive Committee shall be the Mayor from each of the member cities, four members of the Riverside County Board of Supervisors, and the President of each Water District. Each City Council, at its discretion, can appoint its Mayor Pro Tern or other City Council member in place of the Mayor. Each Water District Board, at its discretion, can appoint 5 another Board member in place of the President. The Executive Committee shall act only upon a majority of a quorum. A quorum shall consist of a majority of the Executive Committee Members. Voting shall be cast and tallied in accordance with the Bylaws. 2.4.3.Each member of the General Assembly and the Executive Committee shall be a current member of the legislative body such member represents. 2.4.3. Each Executive Committee Member shall also have an alternate, who must also be a current member of the legislative body of the party such alternate represents. The remaining member of the Board of Supervisors shall serve as an alternate for the Board of Supervisors. The name of the alternate members shall be on file with the Executive Director. In the absence of the regular member from an agency, the alternate member from such agency shall assume all rights and duties of the absent regular member. 2.5 Executive Director. The Executive Director shall be the Chief Executive Officer of the Council. He or she shall receive such compensation as may be fixed by the Executive Committee. The powers and duties of the Executive Director shall be subject to the authority of the Executive Committee and include the following: a. To appoint, direct and remove employees of the Council. b. Annually to prepare and present a proposed budget to the Executive Committee and General Assembly. Committee. C. Serve as Secretary of the General Assembly and of the Executive 0 Committee. d. To attend meetings of the General Assembly and Executive e. To perform such other and additional duties as the Executive Committee may require. 2.6 Principal Office. The principal office of WRCOG shall be established by the Executive Committee and shall be located within Western Riverside County. The Executive Committee is hereby granted full power and authority to change said principal office from one location to another within Western Riverside County. Any change shall be noted by the Secretary under this section but shall not be considered an amendment to this Agreement. 2.7 Meetings. The Executive Committee shall meet at the principal office of the agency or at such other place as may be designated by the Executive Committee or Chair. The time and place of regular meetings of the Executive Committee shall be determined by the Executive Committee; a copy of such schedule shall be furnished to each party hereto. Regular, adjourned, and special meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et. seq., as it may be amended. 2.8 Powers and Limitations of the Executive Committee. Unless otherwise provided herein, each Member or participating alternate of the Executive Committee shall be entitled to one vote, and a vote of the majority of those present and qualified to vote constituting a quorum may adopt any motion, 7 resolution, or order and take any other action they deem appropriate to carry forward the objectives of the Council. 2.9 Minutes. The Secretary of the Council shall cause to be kept minutes of regular, adjourned regular, and special meetings of the General Assembly and Executive Committee, and shall cause a copy of the Minutes to be forwarded to each member. 2.10 Rules. The Executive Committee may adopt from time to time such rules and regulations for the conduct of its affairs consistent with this Agreement or any Implementation Agreement. 2.11 Officers. There shall be selected from the membership of the Executive Committee, a Chair, a Vice -Chair, and a Second Vice -Chair in accordance with the Bylaws. The Executive Director shall be the Secretary of the Council. The Treasurer and the Auditor shall be appointed by the Executive Director and must be officers or employees of WRCOG. The Executive Director may appoint a single officer or employee of WRCOG to serve in both the Treasurer and Auditor positions. Such person(s) shall possess the powers of, and shall perform the Treasurer and Auditor functions respectively, for WRCOG and perform those functions required of them by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto. E:3 The Chair, Vice -Chair, and Second Vice -Chair shall hold office for a period of one year commencing annually on July 1 and ending one year thereafter, or until his or her successor is elected. The Officers shall have the duties set forth in the Bylaws. 2.12 Committees. The Executive Committee may, as it deems appropriate, establish committees to accomplish the purposes set forth herein. All standing committee meetings of WRCOG, including those of the Executive Committee, shall be open to all Executive Committee Members in accordance with the Brown Act. 2.13 Additional Officers. The Executive Committee shall have the power to authorize such additional Officers as may be appropriate. 2.14 Bondinq Requirement. The Officers or persons who have charge of, handle, or have access to any property of WRCOG shall be the Treasurer, the Executive Director, and any other Officers or persons designated or empowered by the Executive Committee. Each such Officer or person shall be required to file an official bond with the Executive Committee in an amount which shall be established by the Executive Committee. Should the existing bond or bonds of any such Officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of WRCOG. 2.15 Status of Officers. 9 All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of Officers, agents, or employees of any of the members when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. 2.16 Restrictions. Pursuant to Government Code Section 6509, for the purposes of determining the restrictions to be imposed by the Council in its exercise of the above -described joint powers, reference shall be made to, and the Council shall observe, the restrictions imposed by state law upon the County of Riverside. 2.17 TUMF Matters — Water Districts. Pursuant to this Joint Powers Agreement, WRCOG administers the Transportation Uniform Mitigation Fee ("TUMF") for cities in Western Riverside County. The fee was established prior to the Water District's involvement with WRCOG and will fund transportation improvements for the benefit of the County of Riverside and the cities in Western Riverside County. As such, the Western Municipal Water District and the Eastern Municipal Water District Executive Committee Members shall not vote on any matter related to the administration of the TUMF Program or the expenditure of TUMF revenues. 3.1 Treasurer. III FUNDS AND PROPERTY 10 The Treasurer of the Council shall have custody of all funds and shall provide for strict accountability thereof in accordance with Government Code Section 6505.5 and other applicable laws of the State of California. He or she shall perform all of the duties required in Government Code Section 6505 et. seq., and such other duties as may be prescribed by the Executive Committee. 3.2. Expenditure of Funds. The funds under this Agreement shall be expended only in furtherance of the purposes hereof and in accordance with the laws of the State of California and standard accounting practices shall be used to account for all funds received and disbursed. 3.3. Fiscal Year. WRCOG shall be operated on a fiscal year basis, beginning on July 1 of each year and continuing until June 30 of the succeeding year. Prior to July 1 of each year, the General Assembly shall adopt a final budget for the expenditures of WRCOG during the following fiscal Year. 3.4. Contributions / Public Funds. In preparing the budget, the General Assembly, by majority vote of a quorum, shall determine the amount of funds which will be required from its members for the purposes of this Agreement. The funds required from its members after approval of the final budget shall be raised by contributions 50% of which will be assessed on a per capita basis and 50% on an assessed valuation basis, each city paying on the basis of its population and assessed valuation, and the County paying on the basis of the population and assessed valuation within the unincorporated area of Western Riverside 11 County as defined in the Bylaws. The parties, when informed of their respective contributions, shall pay the same before August 1 st of the fiscal year for which they are assessed or within sixty days of being informed of the assessment, whichever occurs later. In addition to the contributions provided, advances of public funds from the parties may be made for the purposes of this Agreement. When such advances are made, they shall be repaid from the first available funds of WRCOG. The General Assembly shall have the power to determine that personnel, equipment, or property of one or more of the parties to the Agreement may be used in lieu of fund contributions or advances. All contributions and funds shall be paid to WRCOG and shall be disbursed by a majority vote of a quorum of the Executive Committee, as authorized by the approved budget. 3.5 Contributions from Water Districts and Other Nonvotin A enc ies . The provision of Section 3.4 above shall be inapplicable to the Western Municipal Water District, the Eastern Municipal Water District, or other nonvoting agency. The amount of contributions from these water districts or other nonvoting agency shall be through the WRCOG budget process. This provision shall not apply to Associate Members under Article Vill. BUDGETS AND DISBURSEMENTS 4.1 Annual Budget. 12 The Executive Committee may at any time amend the budget to incorporate additional income and disbursements that might become available to WRCOG for its purposes during a fiscal year. 4.2 Disbursements. The Executive Director shall request warrants from the Auditor in accordance with budgets approved by the General Assembly or Executive Committee subject to quarterly review by the Executive Committee. The Treasurer shall pay such claims or disbursements and such requisitions for payment in accordance with rules, regulations, policies, procedures, and Bylaws adopted by the Executive Committee. 4.3 Accounts. All funds will be placed in appropriate accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities and pursuant to Government Code Sections 6505 et seq., and any other applicable laws of the State of California. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Executive Committee. 4.4 Expenditures Within Approved Annual Budget. All expenditures shall be made within the approved annual budget. No expenditures in excess of those budgeted shall be made without the approval of a majority of a quorum of the Executive Committee. 4.5 Audit. The Auditor shall contract with an independent certified public accountant or public accountant to make an annual audit of WRCOG's accounts and records, and 13 copies of such audit report shall be filed with the County Auditor, State Controller, and each party to WRCOG no later than fifteen (15) days after receipt of said audit by the Executive Committee. The Auditor shall perform those functions required of him or her by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto. 4.6 Reimbursement of Funds. Grant funds received by WRCOG from any federal, state, or local agency to pay for budgeted expenditures for which WRCOG has received all or a portion of said funds from the parties hereto shall be used as determined by WRCOG's Executive Committee. V LIABILITIES 5.1 Liabilities. The debts, liabilities, and obligations of WRCOG shall be the debts, liabilities, or obligations of WRCOG alone and not of the parties to this Agreement. 5.2 Liability of Directors Officers and Employees. The Directors, Officers, and employees of Council shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, Officer, or employee will be responsible for any act or omission by another Director, Officer, or employee. The Council shall defend, indemnify, and hold harmless the individual current and former Directors, Officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by California Government Code § 995 et 14 seq. Nothing in this section shall be construed to limit the defenses available under the law to the Member Agencies, the Council, or its Directors, Officers, or employees. 5.3 Indemnification. The Council shall acquire such insurance coverage as the Executive Committee deems necessary to protect the interests of the Council, and the Member Agencies. The Council shall indemnify, defend, and hold harmless the Member Agencies and each of their respective Board or Council members, Officers, agents, and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Council under this Agreement. VI ADMISSION AND WITHDRAWAL OF PARTIES 6.1 Admission of New Parties. It is recognized that additional cities, other than the original parties, may wish to participate in WRCOG. Any Western Riverside County city may become a party to WRCOG upon such terms and conditions as established by the General Assembly or Executive Committee. Any Western Riverside County city shall become a party to WRCOG by the adoption by the city council of this Agreement and the execution of a written addendum hereto agreeing to the terms of this Agreement and agreeing to any additional terms and conditions that may be established by the General Assembly or Executive Committee. Special districts which are significantly involved in regional problems and the boundaries of which include territory within the collective area of the membership shall be eligible for advisory membership in the Council by the execution of 15 a separate MOU setting forth the terms of such participation. The representative of any such advisory member may participate in the work of committees of the Council. 6.2 Withdrawal from WRCOG. It is fully anticipated that each party hereto shall participate in WRCOG until the purposes set forth in this Agreement are accomplished. The withdrawal of any party, either voluntary or involuntary, unless otherwise provided by the General Assembly or Executive Committee, shall be conditioned as follows: a. In the case of a voluntary withdrawal following a properly noticed public hearing, written notice shall be given to WRCOG, six months prior to the effective date of withdrawal. b. Withdrawal shall not relieve the party of its proportionate share of any debts or other liabilities incurred by WRCOG prior to the effective date of the party's notice of withdrawal in a manner consist with Article V, above. C. Unless otherwise provided by a unanimous vote of the Executive Committee, withdrawal shall result in the forfeiture of that party's rights and claims relating to distribution of property and funds upon termination of WRCOG as set forth in Section VII below. d. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from membership in WRCOG. VII TERMINATION AND DISPOSITION OF ASSETS 7.1 Termination of this Agreement. 16 WRCOG shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof or until the parties shall have mutually rescinded this Agreement, providing, however, that WRCOG and this Agreement shall continue to exist for the purposes of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of WRCOG. Termination shall be accomplished by written consent of all of the parties, or shall occur upon the withdrawal from WRCOG of a sufficient number of the agencies enumerated herein so as to leave less than five of the enumerated agencies remaining in WRCOG. 7.2 Distribution of Property and Funds. In the event of the termination of this Agreement, any property interest remaining in WRCOG following the discharge of all obligations shall be disposed of as the Executive Committee shall determine with the objective of distributing to each remaining party a proportionate return on the contributions made to such properties by such parties, less previous returns, if any. Vill IMPLEMENTATION AND PARTICIPATION AGREEMENTS; ASSOCIATE MEMBERSHIP 8.1 Execution ofAareement. When authorized by the Executive Committee, any affected member agency, or agencies enumerated herein may execute an Implementation Agreement for the purpose of authorizing WRCOG to implement, manage and administer area -wide and regional programs in the interest of the local public welfare. The costs incurred by 17 WRCOG in implementing a program, including indirect costs, shall be assessed only to those public agencies who are parties to that Implementation Agreement. 8.2 PACE A reementsm Associate Membership, WRCOG shall be empowered to establish and operate one or more Property Assessed Clean Energy ("PACE") Programs pursuant to Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways Code, and to enter into one or more agreements, including without limitation, participation agreements, implementation agreements, and joint powers agreements and amendments thereto to fulfill such programs both within and outside the jurisdictional boundaries of WRCOG. WRCOG, acting through its Executive Committee, shall be empowered to establish an "Associate Member" status that provides membership in WRCOG to local jurisdictions that are outside WRCOG's jurisdictional boundaries but within whose boundaries a PACE Program will be established and implemented by WRCOG. Said local jurisdictions shall become Associate Members of WRCOG by adopting one or more agreements (the "PACE Agreement") on the terms and conditions established by the Executive Committee and consistent with the requirements of the Joint Exercise of Powers Act, being Chapter 5 of Division 7, Title 1 of the California Government Code (Sections 6500 et seq.). The rights of Associate Members shall be limited solely to those terms and conditions expressly set forth in the PACE Agreement for the purposes of implementing the PACE Program within their jurisdictional boundaries. Except as expressly provided for by the PACE Agreement, Associate Members shall not have any rights otherwise granted to WRCOG's members by this Agreement, including but not 18 limited to the right to vote, right to amend this Agreement, and right to sit on committees or boards established under this Agreement or by action of the Executive Committee or the General Assembly, including, without limitation, the General Assembly and the Executive Committee. U MISCELLANEOUS 9.1 Amendments. This Agreement may be amended with the approval of not less than two-thirds (2/3) of all member agencies. 9.2 Notice. Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the addresses of the parties as shown on Exhibit "A", shall be deemed to have been received by the party to whom the same is addressed at the expiration of seventy-two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. 9.3 Effective Date. This Agreement shall be effective and WRCOG shall exist from and after such date as this Agreement has been executed by any seven or more of the public agencies, including the County of Riverside, as listed on page 1 hereof. 9.4 Partial Invalidity. If any one or more of the terms, provisions, sections, promises, covenants, or conditions of this Agreement shall, to any extent, be adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent jurisdiction, each `10 and all of the remaining terms, provisions, sections, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 9.5 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. 9.6 Assignment. The parties hereto shall not assign any rights or obligations under this Agreement without written consent of all other parties. 9.7 Execution. The Board of Supervisors of the County of Riverside and the City Councils of the cities enumerated herein have each authorized execution of this Agreement as evidenced by the authorized signatures below, respectively. NA Updated through November 1, 2021 Revised EXHIBIT "A" Original Members 1. City of Banning 99 E. Ramsey, Banning, CA 92220 2. City of Beaumont rejoined June 22, 2017 550 East 6th Street, Beaumont, CA 92223 3. City of Calimesa 908 Park Avenue, Calimesa, CA 92230 4. City of Canyon Lake 31516 Railroad Canyon Road, Canyon Lake, CA 92587 5. City of Corona 400 S. Vicentia Avenue, Corona, CA 92882 6. j City of Hemet 445 East Florida Avenue, Hemet, CA 92543 7. City of Lake Elsinore 130 S. Main Street, Lake Elsinore, CA 92530 8. City of Moreno Valley 14177 Frederick Street, Moreno Valley, CA 92552 9. City of Murrieta 1 Town Square, Murrieta, CA 92562 10. City of Norco 2870 Clark Avenue, Norco, CA 92860 11. City of Perris 101 North "D" Street, Perris, CA 92570 12. City of Riverside 3900 Main Street, Riverside, CA 92522 13. City of San Jacinto 595 S. San Jacinto Avenue, Building B, San Jacinto, CA 92583 14. City of Temecula 41000 Main Street, Temecula, CA 92590 15. County of Riverside 4080 Lemon Street, Riverside, CA 92501 Additional City Members 1. City of Eastvale (added on 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 08/02/2010, Resolution 01- 11 2. City of Jurupa Valley 8930 Limonite Avenue, Jurupa Valley, CA 92509 (added on 07/29/2011, Resolution 02-12 3. City of Menifee (added on 29844 Haun Road, Menifee, CA 92586 10/06/2008, Resolution 03- 09 4. City of Wildomar (added on 23873 Clinton Keith Rd., Suite 201, Wildomar, CA 92595 08/04/2008, Resolution 01- 09 21 20323.00002\149412520 For Reference Only Participating Agencies 1. Eastern Municipal Water 2270 Trumble Road, Perris, CA 92572 District (membership on the Governing Board of WRCOG, 05/11/2009) 2, Western Municipal Water ' 14205 Meridian Parkway, Riverside, CA 92518 District (membership on the Governing Board of WRCOG, 05/11/2009 4 Riverside County 3939 Thirteenth Street, Riverside, CA 92501 Superintendent of Schools (membership as an ex- officio, advisory member of WRCOG, 11 /07/2011) Morongo Band of Mission Indians (membership on the Governing 7/6/2015. Withdrawn as of November 4, 2020) Board of WRCOG, 22 EXHIBIT "A" WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS LEGAL DESCRIPTION 1, SEGINNfNG at the Northeas: corner Df Section 1, %,,,�nship 2 South, Range 2 East, San Bernardino Meridian -, 2. Thence South along Range line,, to the Northeast comer of Section 36, T2S, R2E:'; 3, Thence West along the North, line of said Section 36 to the Noah one -quarter comerthereof-I 4, Thence South along the North -south center section line of said Soultior) 36 to, the Coritter section thereof; 5, Thence East along Mo East-West conter section line ol said Section 36 to the East one -quarter corner thereof, 6. Thence South ak)ng tht? E4,ast line of said Section 36 to the Northeast corner of Section 1, T3S, R21=,- 7, Thence West along the North fine of said Section 1 to the Norlhvye�si corner thereof: 8. Thence South along the Wcst line of said Section 1 to the Northvy'us( corner of 8qciion 12, T3S, R2E; 9. Thence East aoong th,a North line of said Section 12 to the Northeast corner thereof; 10. Thence South along 1ho East line of said Section 12 to the Soulhoap't comer thereof; 11, Thence west aiang the South lino of said Section 12 to the North-,%,ost comer of Section 13, T3S, R2E; 12, Thence South alcng the Most lino of said Section 13 lo the Southwest comor thereof; 13, Thp_nce East along the South hne of said Section 13 to the Southeast corner therocf; 14. Thence South afong Range line to the SOLIV)Wosl corner of Section, 18, T4S, R3E: 1 '1-. Thence East along Section lines to the Northeast corner of Section 20, T4S, R3E; 16, Thence South al(ing tho East line of said Section 20 to the Southeast comer thereof; 17. Thence We��t along tho south lint) of said Section 20 to the Northwest corner of Section 29, T41,3' R317; IS Thence South a[ung the West line of said Section 29 to the SOUth-Nest corner thereof; 19. Thpnre East along the South line of said Section, 29 to the Northeast comer of Section 32, T4S, H3E; 2()- Thenc;e South along the East line of said Section 32 to the Southeast corner thereof; 21- Thenc-e Wc'St along the South line of Said Section, 32 to lie Northeast corner of Section 5, T5S, R3F: 22. Thence. SOU IM along Section lines to the Nlorthl&osl: r:orner of Section 16, T5S, H3E; 23 - ThPq-ire East along the No& Gne of said Section 56 to the Northeast corner thereof 24- T'hence South along the East 'Ine of said Section 16 to the Northwest corner of Section 22, 1'5s, RX� 25- Thenn East along the North line of said Section 22 to the. Northeast corner thereof-, 26. Thence South along the East line of said Section 22 to the Northwest corner of Section 26, T5S, R31" 27. Thence East along the North line of said Section 26 to the Northeast corner thereof-, 28, Thence South along Section lines to the Northwest comer of Section 1, T69' R1E; 29- Thence East along the North line of said ',)ectiQr, I to Northeast comer thereof- 30 Thenco South along the East line of said Section 1 to the Northwest corner of Section 6, T6S, R4E; 31. Thence EaSt, along the North line of said Section 6 to the Northeast corner thereof-' 32. Thence south along the East line of Said Section 6 to tNc- Northwest comer of Section 8. T6S, R4F-I- 33- -rhence South along Section tines to the Southeast corner of Section 17, T6S, R4E: Ll 4. Thonce Wety, along Section lines to the Nor-thweat crorner, of Section 10, T63, R4E- '35. Thence nce &)Lflh along the West line of said Spctio['' 19 to t1te Southeast comer of Section 24, TC)S. R 3 IZ: 36. Therice .vest along the South lines of said Secllons 24 and Section 23, T6S, R,3E to a Point of intersection with the Centerline of Slate Highway 74-. 37 Thence Southeasterly alon- said centortme of State Highway 74, through Its various COLKSDS, tO tho intersection with Stati= Highway 371 38. Thence Southeasterly, Westerly, and Southerly along the ceIntarlime of said Stato Highway 371, thmugh its various courses, to a p6rl of intersection West line of "Doction 18, T7S. R4E; 30, Thence South along SocLon line,-; to tilhe Cast one-quartar corner of Section 19, T7S, 17[4E; 40, Thence West aionq the EastAVost Centpr section line of said Section 1, 9 ? the West line thereof Page 7 of 2 WESTERN RIVERSIDE COUNCIL OF GOVEHNMENTS LEGAL DESCRIPTION (Continued) 41, Thence South along the West fine of said Section 19 to the North line of Section 30, T7S, R4E- 42, Thence East along the Noah line of said Section 30 to the Northwest corner of Sect -ion 29, T7, R4E: 43, Thence South along the West line. of said -Section 29 to the West ono -quarter corner thereof; A. 4, Thence- East i'ong the East-Westcenter section iiprie of said Section 29 its the Northeast Corner of the We8l, one -halt of the East one -hail of the West one -halt of the South one-half of said Section oq; 4.5, Thence South alo,ng the East line of said Wes( one-half of trio East one-half of the. West oche-haif of the South one -halt to a point of iMersoctiorr with the South line of the North, 400 acre-, of sand SeMon 29- ' 46, Thence East along said South line of the North 400 acres of Section 29 to a point of intersection with the East Ime of said Seoilan 29: 4T Thence South ajong the East line of Said Section 29 and Section 32, T7.S, i to the North linf, of Section 4, T8S, R4E; 48, Thence East along said North tine of Si)ctfon .j to the Northeast Gornor there -of, 49. Thenr. e South along the East Fzne of said Section 4 to the Southeast corner thereof- ' 50. Thence West alone, the South line, of said Sootion 4 to the Northeast cornoF of So(�tlorj 8, T8S, RZIFy 51, Thence South along the West line sat said Section,8 to a point of inter-sf.��Cfiori with the, centerline of Coyote Canyon Road, as it currently exists; 52. Thence SOU'LhE'aSteri and SOUtherly along the centerline of said Coyote Canyon Road, throtigh its various courses, to a point of intersection with the East Ime of Section 36, T8S, R4E; 53- Thence South along said East line of Secfiori 36 to the SQulhoast corner thereof, said corner 4eing on the South boundary of the County of Riverside; 54- Thence Westerly, Northerly and Easterly along the boundary of the County of Riverside to the. Point of Seginni Y:GL t_ANO, H 0 Date: 09-30-05 Y. N C Paoe 2 of 2, Signature Sheets for Amendment to WRCOG JPA: Revised November 1, 2021 ATTEST: City Clerk City of San Jacinto By Dated: ATTEST: City Clerk City of Temecula By: Dated: ATTEST: City Clerk City of Wildomar By: Dated: CITY OF SAN JACINTO M Mayor CITY OF TEMECULA M Mayor CITY OF WILDOMAR In Mayor Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Director of Information Technology and Support Services DATE: December 14, 2021 SUBJECT: Authorize the Purchase of Additional Cameras for the Flock Automated License Plate Recognition System RECOMMENDATION: That the City Council Approve an Additional Services Agreement with Flock Group, Inc., to increase the amount of the contract in the amount of $5,500 for additional cameras to be installed as part of the Flock Automated License Plate Recognition System ("Flock System"), for a total agreement amount of $143,000. BACKGROUND: On July 13, 2021, City Council approved the purchase of the Flock Automated License Plate Recognition System and Agreement including 50 cameras, their strategic installation, maintenance and 30-day data storage. This project was done as part of the Riverside Sherriffs Department (RSD) initiative to enhance public safety. The City now wishes to install two additional cameras and increase the amount of the original Agreement. FISCAL IMPACT: The purchase and installation of two additional cameras costs $5,500. Adequate funds have been appropriated in the Fiscal Year 2021-22 Annual Police Department Operating Budget. ATTACHMENTS: Additional Services Agreement 4 FLOCK GROUP INC. ADDITIONAL SERVICES AGREEMENT This Agreement combined with the existing agreement referenced in Exhibit A describe the relationship between Flock Group Inc. ("Flock") and the customer identified below (`Customer") (each of Flock and Customer, a "Party"). This order form (`Order Form") hereby incorporates and includes the terms of the previously executed agreement (the "Terms") which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations. This additional services Agreement will be effective when this Order Form is executed by both Parties (the "Effective Date"). Agency: CA - City of Temecula Contact Name: Micheal Heslin Legal Entity Name: j Address: 41000 Main St Phone: 951-308-6321 Temecula, California 92590 E-Mail: michael.heslin@temeculaca.gov Expected Payment Method: Billing Contact: (if different than above) i Initial Term: 12 months Billing Term: Annual payment due Net 30 per terms j Renewal Term: 12 months and conditions Sales tax will be added to all fees as applicable. If your organization is tax exempt, please check this box: and email your Sales Tax Exemption Certificate to billing@flocksafety.com. Name Price/Usage Fee QTY Subtotal Flock Falcon Camera $2,500.00 2.00 $5,000.00 lm lementation Fee $250.00 2.00 $500.00 (Includes one-time fees) Year 1 Total: $5,500.00 Recurring Total: $5,000.00 By executing this Order Form, Agency represents and warrants that it has read and agrees to all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below. FLOCK GROUP, INC. Agency: CA - City of Temecula By. B `` gg Y: Name: 1"N Cf t 4'j l: Name: Title: rill CSC 7 I►1t",,`j(SL r 41]�?C',7� Title: Date: Z-! 0 Date: By: Name: Title: Date: ATTEST: Randi Johl, Secretary APPROVED AS TO FORM: LIM Peter M. Thorson, City Attorney N Mjc.r By executing this Order Form, Agency represents and warrants that it has read and agrees to all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below. FLOCK GROUP, INC. I By: Name: Title: G2—� Agency: CA - City of Temecula By: Name: Title: Date: I a I '�)_ 1 01\ Date: By: Name: Title: Date: ATTEST: 0 Randi Johl, Secretary APPROVED AS TO FORM: LM Peter M. Thorson, City Attorney k.�7- l 1- I g(21 EXHIBIT A This agreement is governed by the terms as set out in this attached agreement that has been previously executed by both parties. Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: December 14, 2021 SUBJECT: Approve Assignment and Assumption Agreement for Transfer of Rights and Obligations of Development Agreement Between City of Temecula and Temecula West Village, LLC and Settlement Agreement from Temecula Valley West, LLC to SBT Altair, LLC PREPARED BY: Matt Peters, Senior Planner RECOMMENDATION: That the City Council approve an Assignment and Assumption Agreement for Transfer of Rights and Obligations of Development Agreement between City of Temecula and Temecula West Village, LLC and Settlement Agreement from Temecula Valley West, LLC to SBT Altair, LLC. BACKGROUND: The Altair project was approved by the City Council on January 9, 2018 and included four Planning Applications for a 1) General Plan Amendment; 2) Specific Plan; 3) Tentative Tract Map; and 4) Development Agreement for subsequent permits such as grading, infrastructure improvement permitting for on -site and off -site utilities, and resource agency permitting to allow for development of up to 1,750 residential units, limited neighborhood -serving commercial, an elementary school, parks, and open space within a 270-acre area in the southwesterly portion of the City of Temecula, west of Old Town. In addition, the proposed project would construct the Western Bypass, which would link Temecula Parkway with Diaz Road, including widening Vincent Moraga Road. The proposed project site is located within the Murrieta Creek and Santa Rosa Plateau Subunits of the Riverside County Multi -Species Habitat Conservation Plan (MSHCP) Southwest Area Plan. An Environmental Impact Report (EIR) was prepared to evaluate the project's impacts on seventeen (17) environmental factors as required by the California Environmental Quality Act (CEQA), State Clearinghouse No. 2014111029. Shortly after approval of the Altair project, lawsuits were filed by various environmental groups for concerns over biological resources, particularly the anticipated loss of mountain lion habitat, restriction of movement corridors, and potential grading impacts to the southernmost parcel on the site. On October 26, 2020, a Settlement Agreement was reached on these issues by and between the City of Temecula; City Council of the City of Temecula, Ambient Communities, LLC, TWV; and the environmental groups including the Center for Biological Diversity; Sierra Club; Mountain Lion Foundation; and The Cougar Connection; and Endangered Habitats League. DISCUSSION: The Assignor, Temecula West Village ("TWV") has submitted a request to assign its interest in the Development Agreement to the Assignee, SBT Altair, LLC ("SBT"). The two parties are currently negotiating a Contribution Agreement where both TWV and Brookfield Southern California Land LLC (`Brookfield") will be admitted as members of the Assignee, or SBT. It is anticipated that Brookfield will act as the operations member of SBT and that both TWV and Brookfield will contribute equity in furtherance of the development of the Altair property. The assignment provides that SBT will take on all the rights and benefits accruing to TWV as provided in the Development Agreement and that SBT assumes all of TWV's obligations under the Development Agreement. Assignment of the Development Agreement from TWV to SBT changes nothing as it relates to the original entitlements, Conditions of Approval, EIR Mitigation, or Settlement Agreement. Section 13 of the Settlement Agreement provides that TWV may, at its sole discretion, assign all or a portion of its rights and obligations under this Settlement Agreement to an assignee so long as the assignee enters an agreement assuming such rights and obligations (including expressly the jurisdiction of the Riverside County Superior Court and enforceability of the assigned obligations as set forth in Paragraphs 11 and 27), the assignee has financial capacity to fulfill the obligations assigned, and the assignor or assignee provides notice of assignment to all Parties in accordance with this Settlement Agreement and the assignment complies with Section 2.5 of the Development Agreement. The Assignment expressly provides that SBT accepts the assignment of the Settlement Agreement and agrees to be bound by the terms of the Settlement Agreement, including without limitation Section 13 of the Settlement Agreement. FISCAL IMPACT: None ATTACHMENTS: Assignment and Assumption of the Altair Development Agreement DEVELOPMENT AGREEMENT ASSIGNMENT RECORDING REQUESTED BY: TEMECULA WEST VILLAGE, LLC, a Delaware limited liability company 179 Calle Magdalena #201 Encinitas, CA 92024 Attn: Robert Honer MAIL AFTER RECORDING TO: SBT Altair LLC, a Delaware limited liability company 3200 Park Center Drive, Suite 1000 Costa Mesa, CA 92626 Attention: Nicole Burdette ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT is made this day of December, 2021, by and between TEMECULA WEST VILLAGE, LLC, a Delaware limited liability company ("Assignor"), and SBT Altair LLC, a Delaware limited liability company ("Assignee"), with reference to the following facts: A. Assignor, as owner and the City of Temecula, a municipal corporation, organized and existing under the laws of the State of California (the "City"), have entered into that certain Development Agreement dated as of January 9, 2018, and recorded on January 30, 2018 as Instrument No. 2018-0036259 in the Official Records of the County of Riverside, California (the "Development Agreement"). B. On October 26, 2020 the City of Temecula, City of Temecula City Council, Ambient Communities, LLC, Assignor ("TWV"), Center for Biological Diversity, Sierra Club, Mountain Lion Foundation, and The Cougar Connection, and Endangered Habitats League entered into that certain Settlement and Release Agreement relating to the litigation described therein concerning the project described in the Development Agreement ("Settlement Agreement"). C. Assignor and Brookfield Southern California Land LLC, a Delaware limited liability company (`Brookfield"), are currently negotiating the terms of a Contribution Agreement ("Contribution Agreement") pursuant to which Assignor and Brookfield will be admitted as members of Assignee, and Assignor will contribute to Assignee the property which is covered by the Development Agreement and the Settlement Agreement (the "Property"). It is anticipated that Brookfield will act as the operations member of Assignee and that both Assignor and Brookfield will contribute equity to Assignee in furtherance of the development of the Property. D. The parties intend that concurrent with Assignor's transfer of the Property to Assignee, Assignor will assign and transfer to Assignee all of Assignor's interest as owner under the Development Agreement and the Settlement Agreement, subject to the terms, covenants, obligations, and restrictions set forth therein. NOW THEREFORE, in consideration of the mutual covenants and conditions herein below set forth, it is agreed: 1. Effective upon recordation of a grant deed vesting in Assignee fee title interest in all of the Property that is subject to the Development Agreement (the "Effective Date"), Assignor assigns and transfers to Assignee, all of Assignor's right, title and interest as Owner (as such term is defined in the Development Agreement), in and to the Development Agreement and the Settlement Agreement, subject to the terms, covenants, obligations, and restrictions set forth in each agreement. 2. Assignee hereby accepts the assignment of the Development Agreement and Settlement Agreement as of the Effective Date, and shall be entitled to all rights and benefits accruing to the Owner or TWV as provided in each agreement and hereby assumes all of the Owner's and TWV's obligations as provided in each agreement and agrees to be bound by the terms of the Development Agreement and Settlement Agreement, from and after the Effective Date, including without limitation, as required by Section 2.5.1 of the Development Agreement and Section 13 of the Settlement Agreement. 3. The provisions of this instrument shall be binding upon and inure to the benefit of Assignor and Assignee and their respective successors and assigns. 4. This Assignment and Assumption of Development Agreement may be executed in counterparts which taken together shall constitute one and the same instrument. [Signatures on Following Page] IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment and Assumption of Development Agreement as of the date set forth above. ASSIGNOR: TEMECULA WEST VILLAGE, LLC, a Delaware limited liability company By: Ambient Communities, LLC, a California limited liability company, Its Manager By: _ Name: Title: By: _ Name: Title: ASSIGNEE: SBT Altair LLC, a Delaware limited liability company By: Name: Title: By: Name: Title: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validily of that document. State of California County of ) On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: December 14, 2021 SUBJECT: Approve the Memorandum of Understanding Between the City of Temecula and the Wolf Creek Maintenance Corporation PREPARED BY: Amer Attar, Engineering Manager Avlin Odviar, Senior Civil Engineer RECOMMENDATION: That the City Council approve the Memorandum of Understanding between the City of Temecula and Wolf Creek Maintenance Corporation (MOU) and authorize the City Manager to execute the memorandum. BACKGROUND: The Wolf Creek Maintenance Corporation (Wolf Creek HOA) is a nonprofit public benefit corporation responsible for the maintenance of certain common areas and facilities within the Wolf Creek development, adjacent to Pechanga Parkway approximately between Loma Linda Road and Deer Hollow Way. In mid-2020, the City completed construction of the Pechanga Parkway Widening Project which included modification of the intersection at Wolf Valley Road. During construction, City staff coordinated with Wolf Creek HOA on work which impacted the HOA's landscaping, irrigation, and entry monuments at Wolf Valley Road. At that time, we discovered several public and private facilities to be physically overlapped, and later learned that the assignment of maintenance responsibilities to be inconsistent, atypical, or vague. The subject MOU is the product of months of research and collaboration by and between the City and Wolf Creek HOA. Its purpose is to set forth maintenance responsibilities associated with the entry ways at Loma Linda Road, Wolf Creek Drive North, Wolf Valley Road, and Wolf Creek Drive South. Public facilities such as the bridges, bridge lighting, and stormceptors will be maintained by the City, while private facilities such as enhanced landscaping and monuments will be maintained by Wolf Creek HOA. To facilitate physical separation of electrical facilities, Wolf Creek HOA will replace its electrical irrigation controller on the north side of Wolf Valley Road with a solar powered unit. The City will reimburse Wolf Creek HOA for the cost of conversion, estimated at $2,250. FISCAL IMPACT: The cost of reimbursement, estimated at $2,250, to the Wolf Creek HOA for conversion of the irrigation controller will come from the Service Level "C" Zone 28 Wolf Creek Fund 528. There are sufficient funds in the account to cover the estimated reimbursement amount. ATTACHMENTS: Memorandum of Understanding MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF TEMECULA AND WOLF CREEK MAINTENANCE CORPORATION This Memorandum of Understanding ("MOU") is made and entered into by and between the City of Temecula, a municipal corporation ("City"), and Wolf Creek Maintenance Corporation, a nonprofit public benefit corporation ("Wolf Creek HOA") and is effective on the date it is fully executed ("Effective Date"). The City and Wolf Creek HOA are referred to below collectively as the "Parties." In consideration of the mutual covenants and agreements contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Recitals. This MOU is made with respect to the following facts and for the following purposes, which each of the Parties hereto acknowledges: A. On January 23, 2001, the City Council of the City of Temecula adopted Resolution No. 01-14, approving Planning Application No. PA00-0052 — Tentative Tract Map 29305, to subdivide 557 acres into 47 parcels conforming to the planning areas, open space areas, school, and park sites of the Wolf Creek Specific Plan. B. Wolf Creek HOA is a nonprofit public benefit corporation which filed its Articles of Incorporation with the California Secretary of State's Office on January 27, 2004. Said Articles of Incorporation state that the purpose of the Wolf Creek HOA is to "promote the common good and welfare of the Wolf Creek community and the management of a common interest development under the Davis -Stirling Common Interest Development Act." Wolf Creek HOA is responsible for the maintenance of certain common areas within the Wolf Creek development. C. During the development of the Wolf Creek area, several documents were created or drafted and signed which attempted to designate the maintenance responsibilities of certain aspects of the development. The documents include (i) Resolution of the City Council of the City of Temecula 01-14, (ii) Tract Map 29305-1, and (iii) Wolf Creek Specific Plan. These documents provide maintenance obligations for the City of Temecula, Wolf Creek HOA, and Temecula Community Services District (TCSD). Although the documents clearly outline some of these maintenance obligations, the documents also contain some inconsistencies and ambiguities regarding the maintenance obligations for one or more of the parties named in the documents. D. On or about 2019, the City widened a portion of Pechanga Parkway from four to six lanes from approximately 320 feet north of Via Gilberto to approximately 320 feet south of North Casino Drive to alleviate traffic congestion along Pechanga Parkway and to further the long- term transportation needs identified by the City's General Plan ("Pechanga Parkway Widening - PW15-14"). The improvements included street improvements, new center median curb and landscaping, installation of fiber optics cable, relocation of certain streetlights and traffic signals, curb/gutter, sound wall, sidewalk, landscaping, irrigation, and storm drain improvements. E. During the construction of the Pechanga Parkway Widening PW 15-14, an electrical conduit and wiring that provided the electrical connection and power to the monuments, irrigation -1- 11086-0004\2594958v l .doe system, and bridge lighting at the corner of Pechanga Parkway and Wolf Valley Road was damaged. The damage to the conduit and wiring resulted in the need for certain repairs to the conduit and wires, landscaping, and irrigation improvements. The City has caused the repair of the electrical conduit, but it is necessary that the electrical wiring to the north side of Wolf Valley Road at Pechanga Parkway be repaired. F. The Parties desire to enter into this MOU to set forth the responsibilities for reimbursement of certain costs and clarify any inconsistencies and ambiguities regarding the maintenance responsibilities of each of the Parties to certain areas within the Wolf Creek development. 2. Responsibilities of Wolf Creek HOA. The Parties agree that the Wolf Creek HOA is responsible for the following: A. Wolf Creek HOA is responsible for maintenance of entry monuments, monument lighting (including electrical components, wiring, and conduit), and "enhanced landscaping," including irrigation, located at the corner of Pechanga Parkway and Loma Linda (south side), Pechanga Parkway and Wolf Creek Drive North, Pechanga Parkway and Wolf Valley Road, and Pechanga Parkway and Wolf Creek Drive South. The maintenance by Wolf Creek HOA will include the electrical components (including wiring and conduit) of the monuments, enhanced landscaping, and irrigation. The location of the entry monuments is shown on Exhibit A attached hereto and incorporated herein by this reference. B. Wolf Creek HOA has agreed to the conversion of the electrical serving the irrigation system at the north side of Wolf Valley Road at Pechanga Parkway, to a solar powered timer subject to the City's agreement to reimburse the Wolf Creek HOA for the estimated cost of conversion of $2,250.00. The conduit currently used to provide electrical power to the "enhanced irrigation" will be abandoned, but not removed. 3. Responsibilities of City. The Parties agree that the City is responsible for the following: A. The City will, within 30 calendar days of receipt of the invoice from the Wolf Creek HOA, reimburse the Wolf Creek HOA for its reasonable costs of converting the "enhanced irrigation" electrical to solar power on the north side of Wolf Valley Road at Pechanga Parkway. Said estimated costs of conversion is $2,250.00. The City agrees that it will agree to the abandonment of the electrical conduit under Wolf Valley Road at Pechanga Parkway but not require the removal of said conduit. B. The City is responsible for maintaining the bridges at Pechanga Parkway and Loma Linda Road (south side only), Pechanga Parkway and Wolf Creek Drive North, Pechanga Parkway and Wolf Valley Road, and Pechanga Parkway and Wolf Creek Drive South. The location of the bridges is shown on Exhibit B attached hereto and incorporated herein by this reference. C. The City's maintenance of the bridges includes, but is not limited to, bridge light standards and light bulbs, pillars with stone veneer and wooden fencing, and the electrical components such as wires and conduit, for the bridge lights. Additionally, the City will provide the electrical service to the entry monuments and the electrical power to the exterior plug used for -2- 11086-0004\2594958v l .doe holiday lights at the entry monument. Wolf Creek HOA has agreed to the maintenance of this electrical service. D. The City agrees to accept the maintenance and repair of the stormceptors in the drainage channel identified on Exhibit C hereto conditioned on the completion by the Wolf Creek HOA of the items set forth below and on an inspection of the stormceptors by the City's Public Works Department, within ten (10) days following written notice from Wolf Creek HOA of the final maintenance cleaning by the Wolf Creek HOA described in Section 3.D.(2) below. Exhibit C is attached hereto and incorporated herein by this reference. The City has provided to Wolf Creek HOA copies of the original two sets of plans for the stormceptors ("Subject Stormceptor Plans") labeled at bottom right corner of the first page of the respective set of plans as "Stormceptor Plan Wolf Valley Creek Channel State 2 Line FS Tr. 29305" (total of 3 pages) and "Loma Linda Road Stormceptor Model STC 11000 Tract No. 29 — P29305-1" (Project 7-0-0266, Drawing 7- 375, total of 6 pages). Copies of the Subject Stormceptor Plans are on file with the City's Public Works Department and are incorporated herein by this reference. (1) Wolf Creek HOA will provide to the City copies of the maintenance records of the Subject Stormceptors within thirty (30) days of the Effective Date. (2) Wolf Creek HOA will complete a final maintenance cleaning and a video of the subject stormceptors and provide a copy of the video to the City's Public Works Department within sixty (60) days of the Effective Date. 4. Wolf Creek Specific Plan. Except as provided in this MOU, nothing herein is meant to modify or alter the other obligations of Wolf Creek HOA set forth in the Wolf Creek Specific Plan. 5. 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 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 WOLF CREEK HOA: Wolf Creek Maintenance Corporation Attention: John Ellett, CMCA, Agent Avalon Management 43529 Ridge Park Drive Temecula, California 92590 -3- 11086-0004\2594958v l .doe COPY TO: Hudack Law, APC Attn: L. Joseph Hudack, Esq. 1250 Corona Point Ct., Suite 402 Corona, California 92879 6. Miscellaneous. A. Amendments. Any amendments to this MOU will be effective only when duly executed by the Parties. B. Applicable Law. This MOU will be construed and interpreted under, and governed and enforced according to the laws of the State of California. C. Successors and Assigns. This MOU will be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the Parties hereto. D. Counterparts and Facsimile and Electronic Signatures. This MOU 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 MOU, facsimile and electronic signatures will be deemed to be original signatures. E. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this MOU 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. F. Interpretation and Construction. Each party has reviewed this MOU and each has had the opportunity to have its respective counsel and advisors review and revise this MOU 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 MOU or any amendments or exhibits thereto. In this MOU 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 MOU 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 MOU. G. Severability. If any part, term, or provision of this MOU 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 MOU did not contain the particular part, term, or provision held to be invalid. 52 11086-0004\2594958v l .doe [SIGNATURES ON NEXT PAGE] -5- 11086-0004\2594958v l .doc IN WITNESS WHEREOF, this MOU is effective as of the date it is fully executed by the Parties. WOLF CREEK MAINTENANCE CORPORATION, a nonprofit benefit corporation Dated: Title: Dated: By: Title: -6- 11 086-0004\2594958vl.doe CITY OF TEMECULA, a municipal corporation Dated: ATTEST: By: Randi Johl, City Clerk Aaron Adams, City Manager -7- 11086-0004\2594958v l .doe EXHIBIT A LOCATION OF ENTRIES AND MONUMENTS z � - �.� q\ �..i •.i ,� � �ha 0ll• TemeculaLuisena o y. Elementary COLINA VISTA . ` � wolf _ S Creek Palk o-' ,Q g 'N'.; Q WOLF CREEK .' o- °u % i Loma Linda Rd (south side) Pechanga RL-sort casino i Yea • Wolf Creek Drive N. • Wolf Valley Rd • Wolf Creek Drive S. Pechanga Resort 9 .JO LIM ay at Pechanga v+d sxal M1A Hall Of F. Helen Hunt J r Elenla M17 any �r v Pechanga Service Station 9 Steak'n Shake \ �°a� -all uJ I �p rt, Park WOLF CREEK HOA - MOU EXHIBIT: LOCATION MAP, ENHANCED LS r� 'eq;020-7.� .` "A Googie EXHIBIT B LOCATION OF BRIDGES 0 Temecula Lui sera y Dernemary coLiwa VISTA wou n Creek Park ° \ # e e ° m Loma Linda Rd = Wolf Creek Drive N. m Wolf Valley Rd = Wolf Creek Drive S. r� ep SaCal M Hal Of F Helen Hum J e Elementary r Pechanga Serme Station 1 Pe�hanga Reson `# Steak'n Shakes Journey al Pechanga RnYy,R fir WOLF CREEK H A- M U EXHIBIT: LOCATION NEAP, BRIDGES IM PF I � EXHIBIT C r - ■ LEGEND pc) P TORMCEPTOR 1 (MODEL STC 11000) r - JAI 'L k i NTY CIF TE 1 E U L STORIVICEPTOR EXHIBIT LOMA LINDA ROAD C-6 ► a I .��;-7" J LEGEND � ;1 5TORMCEPTOR 4� f (MODEL 5TC 16000) illz - J, CITY OF TEMECULA BTORNICEPTOR EXHIBIT WOLF VALLEY ROAD LINE "DC" ma bm C-7 - � J r,A" LEGEND (MODE STC 2 00) f 1 s CYt - CITY OF TEMECULA STORMCEPTOR EXHIBIT HICKORY PLACE LINE "I" C-8 [W.&IM y� }. S t s 4 h'l - M1 r r +. 4 ZA Ilk r LEGEND CITY OF TEMECULA r Aq ( STORMCEPTOR ,t STORMCEPTOR EXHIBIT 4' (MODEL STC 900} IRONWOOD WAY LINE "EB" C-10 k � � 4 F 4 w- c s 0�2 y LEGEND CITY OF TEMECULA / STORMCEPTOR STORMCEPTOR EXHIBIT 4 y (NI ODE L STC 450 & STC 900) HONEYSUCKLE CT. LINE "EC" F r 41 - � (,o o y r.ar .0f +' u r ' kti a L •1 � 5i_ h. LEGEND �: CITY OF TEMECULA / STORMCEPTOR .,,... STORMCEPTOR EXHIBIT 1 i TR29305-1. LOT 15 TfuXTUR_ LINE "ED" C-12 IMT,7v ► . r } llljl 4 LEGEND ITYF TENIECULA * { h: ORM EP R STORMCEPTOR EXHIBIT ; ~5 WOLF VALLEY ROAD LINE "F5° C-13 W. i r LEGEND CITY OF TEMECULA STORNICEPTaR STORM CEPTOR EXHIBIT (MODEL src 48W MULE DEER WAY LINE "DS" G14 V LEGEND (MODEL 5TC 900) CITY OF TEMECULA STORMCEPTOR EXHIBIT WOLF CREEK DR. S. LINE "BS° C-15 r LEGEND (MODEL STC 900) -- tiI �-m CITY OF TEMECULA STORMCEPTOR EXHIBIT TR 29305, LOT 25 LINE "E" C-16 . • � ''tom LEGEND I 4^ 5TORMCEPTOR } �MDDEL STC 900} CITY OF TEMECULA STORMCEFTOR EXHIBIT CABIN COURT LINE "CS" C-17 Q9 YIIBER�4ABIINO gAML£ NFIiT '#�,} ru . TnL RFE i-eoo-zn-2aoo SIC 900 STORMfFPT(1R fSFTbN \ PLAN t �lr e W MP SECT10N .�R NNN.�o� ,f SEC ON=7 A! l/l H 9 �I a curar �0 Y f FAlSIP 6MIGIa FL R�10]290 [�� srn ,otoo.m s4 / dam' MODIFIED JUNCTION STRUCTURE N. 6 0 STA 59+IM.j, 88+16.75, 75+80.76 G0NSTPl1CTIBN NQTES �e - arsmL ao' a r. r- Iz000-G} ®- LONST M0CIf1E6 J.S. Ne. 6 PER PCI'CWCO 511f OVAfi No. J52]t M1NO GETAIL HEREM ( - CP45T. CONCRETE BIIIKNEAC PER ICI— SN. Na. I— ® - CONST. CONCRETE BA—L PEP GENERAL NOTE 23 SHEET No. I ® -INSTALL STC SOD PRECAST CONCRETE STCPMCEPTfNt PER M—FAC—'S SPECINCATI0NS ®- cBNsr. �.s. No,s PER RCFcwm sTo, oxc, No, zw L00<-mace STORMCEPTOR PLAN P�_o�ozso-az WOLF VALLEY CREEX CHANNEL STAGE 2 ry r-na LINE F5" ecr Now Z. 29305 I C-18 (PA1a NQ) 8305 r6. 06\z `� "`L i L,w 'ie• �'Y4 es_- 8'9¢",1 � f A s•• • R �0 \ STC 4800 STORMCEPTOR DETAILLIME us - Izno-q NFRT CORVE DATA ® xen v c�Nn,L uort xa A PLAN 1- 22'i-2800 ! H,00 l0.1a ® ns - • s SCALE: 1' = M, nas cT(: pp cTORM ESP• DR D TAI LINE lOD4-204GR SIORMCEP70R PLAN '�-oTozeo—az WOLF VALLEY CREEK _ CHANNEL STAGE 2 xx LINE "ES', LINE "BS" & LINE "ES" s TR. 29305 z r< a C-19 LDNSTRDCTION ROTES CIIRJE NOTES Q - P. 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ME L 4 LW „t t , IY HICKORY PLACE TR. 29798-1 n \ 9} CNL TCLL 0>EE \ 1-9L0.22]-260E u9 vE oau STC 24p0 c �. ].•.IIR : A A STO"""TOR DETAIL CONSTRUCTION NOTE `� - ua�w2 n[ n��f�n CAnoNs SIga1¢PiaR PeA r mtlxm gxall Rroremvl. lnc. ���• s°e m" ,s....� WOLF VALLEY CREEK CHANNEL 7-o-oleo-o2 STAGE 2 LIN7-374 E 'I' ¢-r 3"'far ogre P ,m TR. 29305 3 6 C-23 siowceama r«.ME ov ceme � " xc.«m rwor cFl LOT C TRACTT N0. 2OP EN9798-SPA3E } �Ip �Rb LOT OPEN SPACE TRACTT N0. 29798-3 src soo STORMCEPTOR DETAIL STc a O CURYE DATA e R OQ O9 9TORMOEPTOR via L (A)DETAIsxv'os' qm' Cq ^q 99 �9L 9� COONSTNUCTION NOTES Oj INSTALL 36' R.GP. (R000-R) h \ NNNEPIil61M04A--- 9 \ ® PERSR.0 FC W�C� SlD No�M 816 ® CONST. CONCRETE BACNFlLL INSTALL STC 9M PRECAST CONCNPIE TAciuRER'S SPECIFICATONfi —MCE— _ LOCUST COURT KAlE, x. = R0. ® wsrALLNsrc ,eoa F`FMAST MNCRETE STOR—TOR IRONWOOD WAY PER MANSUTFC PEAS WECIFlCAPONS 1-004—tO4E0 j "'� °°"""WOLF VALLEY CREEK CHANNELSTAGE 2 1 305 LINE "EA'' h "EB' aN aE 8 C-24 � l �m serve-n _ - _ , _ _ _ �ur>_r vnucv c�cH nxa�•s _ cONSt. NOTES COURTYARD SITE 13 ��CC ®- Haxurcru,axs svTa„,unws rh s„`""a"`�` `� \ GL: R1L F16E 1—W0.a27-20O PLAN In 1..00 14+00 10+00 11+00 t T.—.— I PROFILE CARVE DATA . 29305-1 93 OS\J � SOT R �\ \ ss ♦ \ �z \ COMMERCIAL $ITE ALD05 Olo Cv LD04-10400 VALLEY CREEK CHANNEL STAGE 2 � ' sm z" LINES 'EC" . TR. 29308-1 LEIS X0R 5 SIC 900 SSTORMCEPTOR DETAIL C-25 3 lAVat�flP.O[, SFRNCE t40>' , . •.� _ °� + C CRLL I0LL FRE u,g� ILT E -eoo-nl-yaw , ngxacwze� STORMCEPTOR OEMIL - 7 .PVA uzr „A,e �• m.... �• . nadi�b "-oloc. 6EVA7KvuS ®L rein � 006-C16TA 1041.0 0A0TJLu.u3l. acute wcvc/l1eA sesxe�r nal c nit, .6a n' FIaII&Aaemnµ lvc." � w.o� P��,o.i..�o•R,��=��. � . wnnsoe c.uxry wn.o cal �°� mieNe sTx�+ LOMA LNDA RQ4O STORMCEPTOR 17 0- 265 oa:am I+o< F/r-os MODEL STC 11000 7375 nrmasmmi— TRACT Ala 20309-I - 5A w 5 C-26 e Acc C C I �ae�xa xANxae eo**�». s,AN MODIFIED MANHOLE No. 2 ax m w x x� a, �oP hAal ,xTM SECTION C—C URGE oars }A Y U— �� PEAT ®_ ksrur FC xw a v (woa�7 cxcx- sm w �\ STORLIC£PTOR DETAIL ® -xrsrNL SIC ttoW PISCnSI wxwErL sxpV®� we PLAN GIL NIL FIFE xu,acnnm's �[mc �arvs � Nl� �_�_�1_ayq ®-¢vnr- sr4x 0.CiCNCx-5m xw'xe. 52b �. e • w - LDOa-1 MfA xcrciMm .� ChnRar. ar[ [Iry cr xn WOLF CREEK DRIVE N. STORMCEPTOR MODEL STC f 1 O00, xa TRACT W. 293M-1 6 xx 6 s C-2 / Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 14, 2021 SUBJECT: Approve an Agreement with Aztec Landscape, Inc. d/b/a Aztec Janitorial, Inc., for Janitorial Services for Park Restrooms for Fiscal Year 2021-2023 PREPARED BY: Julie Tarrant, Principal Management Analyst Stacey Biddle, Management Assistant RECOMMENDATION: That the City Council: 1. Approve the Minor Maintenance Agreement for Janitorial Services for Park Restrooms with Aztec Landscaping, Inc., d/b/a Aztec Janitorial, Inc., in the amount of $54,589.32 for Fiscal Year 2021-2022 and $109,178.64 for Fiscal Year 2022-2023, for a total contract amount of $163,767.96; and 2. Approve contingency for extra work in the amount of $16,377, which is approximately 10% of the Agreement amount. BACKGROUND: On August 26, 2021, the Public Works Department Maintenance Division posted on the City of Temecula website a Request for Proposal (RFP) for janitorial services for park restrooms. A review panel was formed to provide a fair and thorough evaluation of the nine proposals that were submitted. After a thorough evaluation and rating process, it was determined that the Aztec Janitorial, Inc. was the highest ranking firm and most qualified to provide janitorial services for park restrooms. As a result, staff is recommending the approval of an agreement with Aztec Janitorial, Inc. for janitorial services for park restrooms. FISCAL IMPACT: Adequate funds are available in the Annual Operating Budget Fiscal Year 2021-2022. ATTACHMENTS: Agreement AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN CITY OF TEMECULA AND AZTEC LANDSCAPING, INC., D/B/A AZTEC JANITORIAL JANITORIAL SERVICES FOR PARK RESTROOMS THIS AGREEMENT is made and effective as of December 14, 2021, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Aztec Landscaping, Inc., d/b/a Aztec Janitorial, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on January 1, 2022, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2027. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Sixty -Three Thousand, Seven Hundred Sixty -Seven Dollars and Ninety -Six Cents ($163,767.96) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor 08/06/2021 shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERFORMANCE Contractor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Contractor shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service 08/06/2021 upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 10. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. O8/06/2021 C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VI I or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. f. Verification of Covera e. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City 's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: 08/06/2021 I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 11. TIME OF THE ESSENCE Time is of the essence in this Agreement. 12. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 14. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 15. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying 08/06/2021 materials, and all subcontractors on the Work 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. 16. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 17. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. 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. 21. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. 08/06/2021 Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Contractor: Aztec Landscaping, Inc. Attn: Maricela Grismer 7980 Lemon Grove Way Lemon Grove, CA 91945 22. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 24. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 08/06/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Maryann Edwards, Mayor ATTEST: Aztec Landscaping, Inc., dba Aztec Janitorial, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) — By: GenAfo-Garcia, President By: - - By: `1 Rand! Johl, City Clerk Marlcel Grismer, V.P. of Operations APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Aztec Landscaping, Inc., d/b/a Aztec Janitorial, Inc. Contact Person: Maricela Grismer 7980 Lemon Grove Way Lemon Grove, CA 91945 Phone Number: 619 464-3303 _ marcy@azteclandscaping.com City Purchasing Mgr. Initials and Date: 62-I1� 8 08/06/2021 EXHIBIT "A" SCOPE OF WORK Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for janitorial services for park restrooms at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call -out. The procedure for assigning work is set forth as follows: 1. The City Manager or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the City Manager whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the City Manager may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the City Manager, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. • The restrooms shall be maintained in a neat, clean, and sanitary condition on a daily basis. • Restrooms shall be serviced daily, 7 days a week, 365 days a year (including all holidays). • Clean, stock and lock restrooms and associated gates at Community/Sports Parks between the hours of 10:00 p.m. and 12:00 a.m. • Clean, stock and lock restrooms and associated gates at the Neighborhood Parks between the hours of 8:30 p.m. and 10 p.m. • Clean, stock, and lock restrooms and associated gates at school Facilities as indicated in the Fee Schedule at 10 p.m. • Record and submit daily maintenance activities, vandalism, and graffiti on Restroom Maintenance Checklist form to the City's Maintenance Supervisor or other designated person and notify City via email. • Keep and provide records as required by City representative. 08/06/2021 • Provide all necessary equipment, tools, chemicals, supplies, etc. necessary to perform specified work. • City to provide all paper products and trash container liners (toilet paper, seat covers, paper towels). Submit request for products weekly. • Perform all activities in a safe manner pursuant to requirements by OSHA, utilizing all personal safety items required to prevent accidents, illness or injury to maintenance personnel. • Some situations may require additional janitorial work to be performed to ensure the health and safety of the public. No additional compensation will be given for such work. • No unsafe condition shall be left without notification of City's authorized representative. SPECIFICATIONS • These specifications are minimum requirements for the maintenance of park restrooms. • Sweep restrooms and remove litter from interior and exterior of building (including walkway leading up to restroom entrance). To be performed daily. • Empty interior trash containers and replace liners. Washout containers and clean receptacles as needed. To be performed daily. • Scrub and sanitize toilets, lavatories, and floor/wall areas adjacent and/or below fixtures. To be performed daily. • Wipe down all fixtures, removing water, dirt, stains, and any other incongruous substance. To be performed daily. • Remove dirt, stains, or other debris on walls, ceilings, and light fixtures. To be performed daily. • Stock all toilet paper and other paper products. Replace toilet paper when rolls are at '/4 or less. Do not leave loose toilet paper rolls. To be performed daily. • Replace soap dispenser bags as needed. • Wash floors utilizing a low volume, high pressure nozzle or device. Squeegee excess water to floor drains. Remove any paper or other trash accumulated from this procedure. To be performed on Monday's and Friday's. • Wash floors and walls, using a pressure washer rated at a minimum of 2,200 psi. Use cleaning and disinfectant chemicals to remove odors. To be performed one time per week. • Record on report form any graffiti and/or vandalism. To be performed daily. 10 08/06/2021 EXHIBIT "B" PAYMENT RATES AND SCHEDULE *Contract amount reflects 18 months of service at $9,098.22/mo. JANITORIAL SERVICES FOR PARK RESTROOMS - ATTACHMENT 1 PARK NAME ADDRESS Fig in Monthly Fee only RESTROOMS AT COMIMIUHITY PARKS (Serviced It Locked behreen 10:00 p.m.12 a.m-) Monthly Annual 1 14AFZVESTON COMMUNITY PARK - SOCCER 28-W Harveslon Olive 5479.73 $5.756 7,, 2 HARVESTON COMMUNTY PARK - BASEBALL 28582 Harveston Drive S248.57 $2,982.84 3 MICHAEL'MIKE' NAGGAR COMMUNTY PARK +Lock playground access gate 29119 Margarita Road $383.41 $4,60092 6 FRIENDSHIP PARK 449W Temecula Lane $402.68 $4,832.16 5 PALOMA DEL SOL PARK 32099 De Parbola Road $248 57 $2,9821A4 6 PATRICkA H BIRDSALL SPORTS PARK — SNACK BAR 32&W Deer Hollow $344 89 $4,138.08 7 PATRIM H BIRDSALL SPORTS PARK — PLAYGROUND 32380 Deer Hollow $248 57 $2,982 84 s RONALD REAGAN SPORTS PARK - NORTHISOUTH FIELD 42775 Margarita Road $344.89 $4,138 68 9 RONALD REAGAN SPORTS PARK — RANCHO VISTA FIELD 30875 Rancho Vista Road $248.57 $2.982.84 10 RONALD REAGAN SPORTS PARK - TEMECULA SKATE PARY. Lock skate park access gate I OPM 42569 Margarita Road $248.57 $2,982 84 11 TEMEKU HILLS PARK: - PLAYGROUND 31367 La Serena $344 89 $4,138 68 12 TEMEKU HILLS PARK - BASEBALL 31387 La Serena $344 89 $4.138 08 13 "SPORTS RANCH AT SOMM'ERS BEND - SNACK BAR 32101 Sommers Bend $344.89 $4,133.68 1s "SPORTS RANCH AT SOMMERS BEND - PLAYGROUND 32102 Sommers Bend 3344.B9 $4,138.68 3"89 15 CROWNE HILL PARK 33203 01d Kent Road $344.89 14.138 68 16 HARVESTON LAKE PARK —BOATHOUSE 40233 Village Road $344.89 $4,138A8 17 HARVESTON LAKE PARK — PLAYGROUND 402,33 Village Road $402.68 S4,832.10 18 KENT HINTERGARDT MEMORIAL PARK 3t465 Via Cordoba $248 57 $2,982.84 19 (MEADOWS PARK 43110 Meadows Parkway $383,41 $4,00.92 20 PAUBA RIDGE PARK 33405 Pauba Road $383.41 $4,00.92 21 REDHAWK COMMUNITY PARK 44747 Redhawk Parkway $248-57 $2.982.84 22 'SAM HICKS MONUMENT PARK 41970 Moreno Road $344-89 $4,138,08 23 SKYVIEW PARK 31901 Rodpaugh Valley Road $249-57 $2,982.84 21 'TEMECULA DUCK POND 28250 Ynez Road 3344-89 $4,138.68 25 'WINCHESTER CREEK PARK 399`4 Margarita Road $383-41 S4,600.92 26 'WOLF CREEK PARK 45850 Wolf Creek Drive North $344-89 $4,138.68 RESTROOMS AT OTHER FACILITIES jSemce It Looked 10:00 p.m-) 27 'TEMECULA VALLEY HIGH SCHOOL TENNIS COURT r•L.ock des grated ce: estrian access gate and parking lot gate 10 p m. 31555 Rancho Vista Rd 5248-57 $2,982.84 28 GREAT OAK HIGH SCHOOL TENNIS COURT +Lock desgnated pedestrian access gate and parking Oat gate 10 p m. 325551 Deer Hollow Way $248-57 $2,982.84 SUBTOTAL: $9.09822 $109,178.64 "Sports Ranch at Sommers send -currently in development and is anticipated to be active park in FY21/22 •- Indicates additional gates to be locked nightly 11 08/06/2021 Item No. 14 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 14, 2021 SUBJECT: Approve Agreement for Consultant Services with Jeff Katz Architecture for Community Recreation Center Splash Pad and Shade Structures, PW21-07 PREPARED BY: Avlin R. Odviar, Senior Civil Engineer William Becerra, Associate Engineer II RECOMMENDATION: That the City Council: 1. Approve the Agreement for Consultant Services with Jeff Katz Architecture in the amount of $152,790 for the Community Recreation Center Splash Pad and Shade Structures; and 2. Authorize the City Manager to approve additional work not to exceed the contingency amount of $15,279, which is approximately 10% of the agreement amount. BACKGROUND: On August 28, 2018, City Council approved an agreement for Consultant Services with Jeff Katz Architecture for a related project, Community Recreation Center Pool Enhancement, PW 18-02. The approval of this agreement was predicated on the proposals that were received via a competitive Request for Proposal (RFP) process (Request for Proposal 225). The original scope of work included the design and preparation of construction plans for a full renovation and enhancement of the main pool and preliminary engineering and conceptual design for conversion of the wading pool to a splash pad. However, due to budget constraints and an accelerated completion schedule, work associated with the splash pad was halted for future consideration and the main pool renovation was completed independently. The Community Recreation Center Splash Pad and Shade Structures project, PW21-07 revives the conversion of the wading pool to a splash pad. Since Jeff Katz Architecture had already performed much of the initial work, City staff solicited a direct proposal to complete the project through full design and preparation of construction plans. The attached consultant services agreement is the result of negotiations between City staff and Jeff Katz Architecture. We believe the agreement amount to be fair, equitable, and appropriate for continuing the project as previously approved by the City. FISCAL IMPACT: The Community Recreation Center Splash Pad and Shade Structures project is included in the City's Capital Improvement Program (CIP) Budget for Fiscal Year 2022- 26 and is funded with Measure S. Adequate funds are available in the project account to cover the agreement amount of $152,790 plus the contingency amount of $15,279 for a total encumbrance of $168,069. ATTACHMENTS: 1. Agreement 2. Project Description 3. Project Location AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND JEFF KATZ ARCHITECTURE COMMUNITY RECREATION CENTER SPLASH PAD AND SHADE STRUCTURES, PW21-07 THIS AGREEMENT is made and effective as of December 14, 2021, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and Jeff Katz Architecture, a Corporation, (hereinafter referred to as "Consultant" ). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on December 14, 2021, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 14, 2023, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor 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 sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 08/09/2021 5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublieWorks.htmi 6. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Fifty -Two Thousand Seven Hundred Ninety Dollars and No Cents ($152,790.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. 08/09/2021 b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. 08/09/2021 10. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND a. Indemnity for Design Professional Services. In the connection with its design professional services, Consultant shall hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials (collectively, "Indemnitees"), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub -contractors, or agents in the performance of its professional services under this Agreement. b. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Paragraph 10.a. above, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant duty to defend pursuant to this Section 10.b. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees." 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: i. Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. ii. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. iii. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. iv. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. than: b. Minimum Limits of Insurance. Consultant shall maintain limits no less 08/09/2021 1. General Liability: Two Million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4. Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 08/09/2021 e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice 08/09/2021 of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Jeff Katz Architecture Attn: Matt Kingdon 6353 Del Cerro Blvd. San Diego, CA 92120 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights 08/09/2021 under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Maryann Edwards, Mayor ATTEST: By: RANDI JOHL, CITY CLERK APPROVED AS TO FORM: By: JEFF KATZ ARCHITECTURE (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of By: Peter M. Thorson, City Attorney Consultant Jeff Katz Architecture Attn: Matt Kingdon _ 6353 Del Cerro Blvd., San Diego, CA 92120 (619) 698-9177 _ Mattpjeffkatzarchitecture.com City Purchasing Mgr. Initials and Date: O8/09/2021 EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. 10 O8/09/2021 ARCHITECTURE November 17, 2021 Will Becerra Jr. Associate Engineer II City of Temecula 41000 Main Street Temecula, CA 92590 (951) 693-3963 will.becerra@TemeculaCA.gov RE: Community Recreation Center (CRC) Splash Pad Proposal Dear Will, Thank you for the opportunity to submit this proposal for Design and Engineering services for the Splash Pad project at the existing CRC Pool. This proposal is based on the Project Description provided and the Concept Plan created during the last pool remodel project. For this proposal services include Architecture, Aquatics, Civil, Structural and Electrical engineering. The intended scope of work includes: o Demolition of the existing wading pool and associated equipment. o Design of a new splash pad and associated equipment. o Anticipating new piping routed back to the existing pump room. For this proposal we have assumed that our team will work with the City to design the new system so that the new mechanical equipment will be incorporated into the existing mechanical room space. o New shade structures and fencing as required in the area of work. Please note that this proposal is based on the scope of services that we believe is necessary to successfully complete this project. If there are scope items that are not included, or that are not necessary, we would be pleased to adjust the scope and fee to meet your needs. We are proposing to offer the following scope of services: DESIGN DEVELOPMENT - 30% DESIGN DOCUMENTS (ESTIMATED 6 WEEK DURATION) In Design Development the design is refined and developed to a point where the team can fully understand and approve the look, feel and spirit of the project. This phase produces a set of drawings and design details that can be used to produce a cost estimate as well. During this phase we propose the following services: 6353 Del Cerro Blvd San Diego, CA 92120 1 www jeffkatzarchitecture corn 1 619 698 9177 CRC Splash Pad November 17, 2021 Page 2 1. Meet with Project Team to discuss budget, program and design issues. This meeting will include meeting with facility staff and City representatives to gather input for project requirements. 2. Refine Design & Scope requirements with the project team. Review operational procedures, construction requirements, and any specific needs for the project and supporting facilities. 3. Conduct a Site visit, investigation, and analysis of existing documents for the area. 4. Initial development of the Site Plan (with options if necessary) for splash pad area, utility routing and equipment space requirements 5. Determine impacts to Site Utilities including lighting, electrical, gas, sewer and water. 6. Determine impacts to existing site conditions including adjacent pool deck, perimeter fencing and gates. 7. Refine Concept Plans to reflect overall scope requirements. These plans will be schematic in nature and are intended only to provide information with regard to overall extent/scope of the project. Included will be a site plan and architectural renderings to describe design intent. 8. Prepare preliminary cost estimate. 9. Make one submittal and one presentation to the project team for design review and approval to proceed with current scope extents. At this stage any adjustments to the scope/program should be identified. 10. One site visit and one virtual client meeting are included in this phase. 11. After obtaining approval of Design Development (30% Design Documents), we will proceed into Construction Documents. CONSTRUCTION DOCUMENTS PHASE (ESTIMATED 12 WEEK DURATION) During Construction Documents all project components are detailed and finalized. During this phase we propose the following services: 1. Prepare drawings and specifications suitable for permitting & bidding to clearly delineate the Contractor's scope of work, including required Demo, Architectural, Civil, Aquatics, Structural and Electrical design. 2. Prepare preliminary material and equipment selections for review and selection. 3. Develop aquatic systems consistent with design concept. 4. Coordinate with Owner systems for existing controls requirements. 6353 Del Cerro Blvd San Diego, CA 92120 1 www jeffkatzarchitecture corn 1 619 698 9177 CRC Splash Pad November 17, 2021 Page 3 5. Prepare line -item Construction Cost Estimate at 60% Construction Documents based on current design and equipment components. 6. Prepare preliminary 60% Technical Specifications. 7. Work with equipment vendors for spray ground elements and development of equipment plans, schedules and specifications. 8. Update renderings at 60% for proposed design model. 9. Make one submittal and presentation to the project team for design review at 60% Construction Documents and approval to proceed with current program and design direction. At this stage any adjustments to the design should be identified. 10. Prepare 90% Construction Documents including plans and specifications. 11. Submit plans to Building Department at 90% Construction Documents for Building permit plan check, and perform all required revisions to construction documents based on Building Department's plan check comments, anticipating two rounds (Note: plan check and permit fees are not included). 12. Submit plans to Health Department at 90% Construction Documents for permit plan check, and perform all required revisions to construction documents based on Health Department's plan check comments, anticipating two rounds (Note: plan check and permit fees are not included). 13. A final 100% document set will be distributed for bidding once permitting is complete. 14. One on site/client meeting and two virtual meetings are included in this phase. BIDDING PHASE (ESTIMATED 4 WEEK DURATION) 1. Provide drawings and specifications (in electronic format) for use in bid package. For this proposal it is assumed that the City will advertise, assemble, and distribute bid packages. 2. Participate in bid walk on site. 3. Interpret and clarify contract documents (Bid RFIs) and assist in issuing addenda as required. 4. Participate in bid review of contractor's detailed cost breakdown(s) and assist in evaluation of received bids. 5. One on site and one virtual client meeting is included in this phase. 6353 Del Cerro Blvd San Diego CA 92120 1 www jeffkatzarchitecture corn 1 619 698 9177 CRC Splash Pad November 17, 2021 Page 4 CONSTRUCTION ADMINISTRATION PHASE (ESTIMATED 18 WEEK DURATION) Construction Administration services will be provided as a fixed fee, unless requested otherwise, per the scope identified below: 1. Develop RFI responses as required to support Owner Project Manager requests and to coordinate Contractor questions in the field 2. Coordinate all ASI/RFI reviews by provided consultants 3. Review Submittals as required by Contract Documents and coordinate all submittal review by provided consultants 4. Conduct bi-weekly on -site project support through the course of construction and as requested by the Project Manager (estimated 18 week duration). 5. Prepare ASI's as required to reflect changes in scope or modifications made necessary due to changed field conditions based on the direction of the Project Manager. Where required, the ASI's shall include all drawings and specifications required to obtain the construction permits and approvals of the governmental authorities having jurisdiction over the Project. 6. Review contractor close out documents including warranties and red line as-builts. 7. Subsequent to final construction completion and submittal of the close out documents from the contractor, consultant shall complete electronic record drawings reflecting as -built conditions. 8. Prepare completion package including approved submittals, RFls, and record drawing set. 9. The following consultants are include in services for Construction Administration for the Project: Civil Engineer, Structural Engineer, Electrical Engineer, Aquatic Engineer EXCLUSIONS & ADDITIONAL SERVICES (TO BE PROVIDED ON AN HOURLY BASIS IF REQUIRED) The following items are not included in the proposed services, but can be provided as additional services only after written authorization is received. Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis according to the provided hourly rate schedule. 1. Geotechnical Engineering, Topographic Survey, Arborists, utility mark -out 2. Design of interpretive graphics and signage (other than code required) 3. Accessibility upgrades beyond our immediate site area 4. Fire Protection design and engineering 6353 Del Cerro Blvd San Diego. CA 92120 1 www jeffkatzarchitecture com 1 619 698 9177 CRC Splash Pad November 17, 2021 Page 5 5. Mechanical improvements to the existing pump room 6. Modifications to existing site utilities serving the project site area to increase service size beyond the project boundary 7. Additional design or drawings for tree relocation, temporary irrigation, drainage, or detention systems including Permanent BMP Design/Calcs/SWAMP Preparation 8. Additional design or drawings for offsite water, sewer or storm drain systems outside the project area 9. Changes to the existing fire access, fire access design or agency processing beyond our immediate site area. 10. Revisions to Contract Documents resulting from Owner requested changes to documents previously approved by the Owner, or due to code or zoning changes made subsequent to Owner approval 11. Preparing separate construction document packages for discretionary permits, alternate bid items or project phasing 12. Attendance of any public hearings and/or additional meetings other than detailed in above scope of work 13. Services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, schedule, or the method for bidding and contracting for construction 14. Processing change requests for Owner requested changes, and for unforeseen site conditions, after bid, including revisions to Contract Documents, processing approval of revisions through the Building Department, and Change Order negotiation 15. Providing services in conjunction with evaluating substitutions proposed by the Contractor and making subsequent revisions to Contract Documents resulting from such 16. Providing services in conjunction with arbitration proceedings or legal proceedings, except where the Architect is a party to such proceedings 17. Providing "Special Inspection" services required by law or the Contract Documents 18. Providing Phase One Environmental services for Soils, Asbestos or Lead survey and remediation 19. Preparation of documentation to process the project through the US Green Building Council as a LEED project 20. Design of photo -voltaic electrical generation or emergency generator systems 6353 Del Cerro Blvd San Diego CA 92120 1 www jeffkatzarchitecture corn 1 619 698 9177 CRC Splash Pad November 17, 2021 Page 6 21. Plan check and permit fees (if paid by JKA) will be a reimbursable expense, charged at 1.15 times the Consultant's cost. 22. Permitting Services by separate consultant (if paid by JKA) will be a reimbursable expense, changed at 1.15 times the Consultant's cost. 23. All delivery, printing and reproduction costs will be a reimbursable expense, charged at 1.15 times the Consultant's cost. For this project we propose to provide the stated services for a fixed fee of One Hundred Fifty -Two Thousand Seven Hundred Ninety Dollars ($152,790.00). Additional details are noted below. Invoices will be submitted monthly for the percentage of work completed during the month, on any particular phase. The breakdown for the Proposed Services is as follows: Design Development Phase $ 39,050.00 Construction Document Phase $ 68,370.00 Bidding Phase $ 9,015.00 Construction Administration Phase $ 32,355.00 Anticipated Reimbursable Expenses [NTE1 $ 4,000.00 TOTAL $ 152,790.00 Presently our firm maintains General Liability and Errors and Omissions Insurance with nationally recognized insurers. We carry a $2,000,000 limit for our General Liability and auto, and a $2,000,000 limit for our Professional E&O insurance. I appreciate the opportunity to present this proposal and I am available to meet with you at any time to review and discuss the proposed scope of services and fee proposal. We are excited about the opportunity to work with you again on this project and if you have any questions please do not hesitate to contact me at (619) 698-9177. Respectfully, Matt Kingdon Principal 6353 Del Cerro Blvd San Diego CA 92120 1 www jeffkatzarchitecture corn 1 619 698 9177 CRC Splash Pad November 17, 2021 Page 7 Proposed Limit of Site Work shown highlighted in yellow: 6353 Del Cerro Blvd. San Diego, CA 92120 1 www jeffkatzarchitecture.com 1 619 69&9177 EXHIBIT B PAYMENT RATES AND SCHEDULE Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $152, 790.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 08/09/2021 A w N + m O O m 3 w a a m r 3 2 m m D Q 0 C 0 z v 3 w 0 X, m a or'i g -0 O X L 0 0 :r n � m m o v s z w A O N .. 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N or o er Ror�in o S 00 N � co co O (cA Ta' ifl :-A {�H Efl r a 00 6 (A) X O O O O0D N m r v v o v m m m 3 o Z ;u mD (D r m 4A fA 4A 64 0 a a r v ' w m 0 0 4. N m 4 C G G f ilk Q The Jgaart 0' S Al -kern Cz..Irri,i6 Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program COMMUNITY RECREATION CENTER SPLASH PAD & SHADE STRUCTURES Parks/Recreation Project Project Description: This project provides for the conversion of the CRC's kiddie pool into a splash pad, and the addition of shade structures throughout the pool area. Benefit: This project will provide City residents an additional splash pad for enhanced recreational opportunities. Core Value: Healthy and Livable City Project Status: Project design will commence in Fiscal Year 2020-21. Department: Public Works - Account No. 210.290.999.205 Level: I Project Cost: Prior Years Actuals 2021-22 2020-21 Proposed 2022-23 2023-24 2024-25 2025-26 Adjusted Budget Projected Projected Projected Projected Total Project Cost Administration 150,000 150,000 Construction 700,000 700,000 Design & Environmental 324 149,676 150,000 Equipment 100,000 100,000 Total Expenditures i 324 1,099,676 1,100,000 Source of Funds: Measure S I 25,0001 1,075,000 I 1,100,000 Total Funding I 25,0001 1,075,000 - - -I 1,100,000 Future Operating & Maintenance Costs: Total Operating Costs 150 TiiLcITY OF TEMECULA Community Recreation Center Splash Pad & Shade Structures, PW 21-07 17r1'rSYhrau..k... T'Fartahl..' P.f � e �A ri MW f µ'r f * r • .y . fl 1 F r �f J� Project Location 6i, 1: 1,128 58.1 0 94.04 188.1 Feet This map is a user generated static output from an Internet mapping site a is for reference only. Data layers that appear on this map may or may not fGS 1984_Web_Mercator_Auxiliary_Sphere accurate, current, or otherwise reliab Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATIO Legend Parcels City of Temecula Boundary Streets <all other values> COLLECTOR LIMITED SECONDARY ARTERIAL LOCAL MAJOR ARTERIAL MODIFIED SECONDARY ARTERI, PRINCIPAL ARTERIAL PRIVATE RURAL HIGHWAY SECONDARY ARTERIAL URBAN ARTERIAL Creeks ❑ Cities Notes 30875 RANCHO VISTA ROAD TEMECULA CA 92592 Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 14, 2021 SUBJECT: Approve the First Amendment to Agreement for Minor Maintenance Services with TWM Roofing, Inc. PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council approve the first amendment for Minor Maintenance Services with TWM Roofing, Inc. to increase payment for an additional $180,000, for a total agreement amount of $360,000. BACKGROUND: On July 27, 2020, we entered into an Agreement for Minor Maintenance Services with TWM Roofing, Inc., to provide on a semi-annual basis, roof inspections, routine preventive maintenance, and general housekeeping services to keep the roofing for all facilities in its present condition. Services also include that the City may request contractor to make repairs which are beyond the scope of preventive maintenance, and these additional maintenance repairs will be based on current time and material costs and be provided in a written proposal according to each site condition and need. At this time, we have nearly exceeded our allotment of $60,000 for the current fiscal year and it has been determined that various facilities require additional inspections and some extensive repairs and replacement of roofing materials. To continue the on -going maintenance for the forthcoming years and to make the needed repairs we hereby recommend the approval of the First Amendment to the agreement. FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2021-2022 Annual Operating Budget, and Capital Improvement Program - City Facilities Rehabilitation Fiscal Years 2022-2026. ATTACHMENTS: First Amendment FIRST AMENDMENT TO MINOR MAINTNANCE AGREEMENT BETWEEN CITY OF TEMECULA AND TWM ROOFING, INC. PREVENTIVE ROOF MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of December 14, 2021, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and TWM Roofing, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On July 27, 2020, the City and Contractor entered into that certain Agreement entitled "Agreement for Minor Maintenance Services," in the amount of $180,000. b. The parties now desire to increase the payment in the amount of $180,000, and to amend the Agreement as set forth in this Amendment. 2. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed One Hundred Eighty Thousand Dollars ($180,000) for additional preventive roof maintenance services for a total Agreement amount of Three Hundred Sixty Thousand Dollars and Zero Cents ($360,000). 3. Exhibit B to the Agreement is hereby amended as set forth on Attachment `A' to this Amendment which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. O8/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Maryann Edwards, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By Peter M. Thorson, City Attorney TWM ROOFING, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Tom Marshall, President CONTRACTOR TWM Roofing, Inc. Contact Person: Tom Marshall 4157 Valle Del Sol Bonsall, CA 92003 Ph. (760) 731-0777 Tom@TWMRoofing.com City Purchasing Mgr. Initials and Date: 2 O8/09/2021 ATTACHMENT `A' 08/09/2021 EXHIBIT "B" PAYMENT RATES AND SCHEDULE Services shall be as per Contractors submitted proposal, but in no event shall the total cost of services exceed $180,000 for the total term of the Agreement, unless additional payment is approved as provided by the Payment section of this Agreement. LOCATION FEE Old City Hall — TVE2 k $2250 43200 Business Park Dr. Temecula Valley Museum S900 28314 Mercedes St. Mary Phillips Senior Center $1250 41845 6`h Street Chapel of Memories $600 28300 Mercedes St. Temecula Community Center $880 28816 Pujol Street Temecula Children's Museum $1,900 42081 Main Street CRC $2850 30875 Rancho Vista Rd. Maintenance Facility $1220 43210 Business Park Dr, Temecula Public Library $3530 30600 Pauba Rd. Field Operations Center $2100 43230 Business Park Dr, Civic Center $7,800 41000 Main Street Council Chambers $1030 41000 Main Street Conference Center $880 41000 Main Street Old Town Parking Garage $1,350 41000 Main Street For additional services outside of preventive maintenance services; Contractor will provide a proposal per job site, as requested, to include time and material costs. 08/09/2021 Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 14, 2021 SUBJECT: Award Construction Contract to Baker Electric, Inc., for Pedestrian Signal Equipment Upgrade - Citywide, PW19-10 PREPARED BY: Nick Minicilli, Senior Civil Engineer Anissa Sharp, Office Specialist II RECOMMENDATION: That the City Council: Award a construction contract to Baker Electric, Inc., in the amount of $773,060 for the Pedestrian Signal Equipment Upgrade - Citywide, PW 19-10; and 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $77,306, which is equal to 10% of the contract amount; and 3. Make a finding that the Pedestrian Signal Equipment Upgrade - Citywide, PW 19- 10, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On August 31, 2018, the City of Temecula submitted a project application in response to the Call for Projects for the Highway Safety Improvement Program (HSIP) Cycle 9 funding. On December 12, 2018, grant awards were announced, and the City of Temecula was awarded HSIP Cycle 9 funding in the amount of $908,200, for the Pedestrian Signal Equipment Upgrade -Citywide project. On March 23, 2021, the City Council approved the plans and specifications and authorized the Department of Public Works to solicit construction bids and made a finding of CEQA exemption for the Pedestrian Signal Equipment Upgrade -Citywide project, PW 19-10. The Pedestrian Signal Equipment Upgrade- Citywide project will install pedestrian countdown signal heads, ADA compliant pedestrian pushbutton equipment, and upgrade traffic signal controllers to improve safety and operations at signalized intersections citywide including the Butterfield Stage Road, Redhawk Parkway, Pechanga Parkway, Rancho California Road, Temecula Parkway, and Ynez Road corridors. The construction contract was publicly advertised for bids between September 7, 2021 and October 7, 2021.On Thursday, October 7, 2021, fifteen bids were electronically opened and publicly posted on PlanetBids. The results are as follows: Rank Bidder Amount 1. Baker Electric, Inc. $773,060.00 2. Yunex LLC $779,490.00 3. Select Electric, Inc. $869,896.00 4. Econolite Systems $872,851.59 5. California Professional Engineering, Inc. $880,340.00 6. Elecnor Belco Electric, Inc. $882,488.00 7. MSL Electric, Inc. $902,420.00 8. Ferreira Coastal Construction Company $948,044.00 9. Alfaro Communications Construction, Inc. $1,047,640.00 10. HMS Construction, Inc. $1,100,000.00 11. Lekos Electric, Inc. $1,132,590.00 12. DBX, Inc. $1,158,874.00 International Line Builder, Inc. Non -responsive Calpromax Engineering, Inc. Non -responsive Crosstown Electrical & Data, Inc. Non -responsive International Line Builder, Inc., Calpromax Engineering, Inc., and Crosstown Electrical & Data, Inc. have all been deemed non -responsive because they did not provide the contract minimum 10% Disadvantaged Business Enterprise (DBE) goal, nor did they provide a DBE Good Faith Effort justification. Staff has reviewed the bid proposals and found that Baker Electric, Inc. of Escondido, California to be the lowest responsible bidder for this project. Baker Electric, Inc. has public contracting experience and has completed similar projects for other public agencies in Southern California. The Engineer's Estimate for the construction contract was $857,340. The Specifications allow for 60 working days for construction, which is approximately three months. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 however, due to exponential increases in certain commodities, including specialty vehicles, to facilitate the purchase of the new vehicles the department hereby requests the appropriation of additional vehicles and equipment funds in the amount of $76,000 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees as those programs contribute directly to MSHCP. The Pedestrian Signal Upgrade- Citywide project is exempt from MSHCP fees because it is a safety project funded primarily with federal Highway Safety Improvement Program (HSIP) funds. In addition, the work to be performed will be within the existing public right of way and there is no new disturbed area. FISCAL IMPACT: The Pedestrian Signal Equipment Upgrade- Citywide project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2022-2026. It is funded with Highway Safety Improvement Program (HSIP) grant funding and Measure S. Adequate funds are available in the project accounts for the contract amount of $773,060, plus the 10% contingency amount of $77,306, for a total encumbrance of $850,366. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location Map CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for PEDESTRIAN SIGNAL EQUIPMENT UPGRADE — CITYWIDE PROJECT NO. PW19-10 FEDERAL PROJECT NO. HSIPL-5459(029) THIS CONTRACT, made and entered into the 14th day of December, 2021, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and BAKER ELECTRIC, 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 PEDESTRIAN SIGNAL EQUIPMENT UPGRADE — CITYWIDE , PROJECT NO. PW19-10, FEDERAL PROJECT NO. HSIPL-5459(029), Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (latest edition) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PEDESTRIAN SIGNAL EQUIPMENT UPGRADE — CITYWIDE , PROJECT NO. PW19-10, FEDERAL PROJECT NO. HSIPL-5459(029). 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 Provision, and Technical Specifications for PEDESTRIAN SIGNAL EQUIPMENT UPGRADE — CITYWIDE, PROJECT NO. PW19-10, FEDERAL PROJECT NO. HSIPL-5459(029). 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 PEDESTRIAN SIGNAL EQUIPMENT UPGRADE — CITYWIDE, PROJECT NO. PW19-10, FEDERAL PROJECT NO. HSIPL-5459(029). 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: SEVEN HUNDRED SEVENTY-THREE THOUSAND SIXTY DOLLARS and ZERO CENTS ($773,060), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed Sixty (60) 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 Contracts 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 one thousand dollars ($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. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 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 C-3 Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at: http://www.clir.ca.gov The Federal wage rates for this project as predetermined by the United States Secretary of Labor are included in Exhibit "B" of the project specifications. Future effective general prevailing wage rates which have been predetermined are on file with the California Department of Industrial Relations and are referenced but not printed in the general prevailing wage rates. Contractor shall post a copy of such wage rates at the job site and if there is a difference between the wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, Contractor shall pay not less than the higher wage rate. 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 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. 1Z 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. c-a 14. CONTRACTOR'S AFFIDAVIT, After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 16. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION. The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. CONTRACT ASSURANCE. The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOT -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of contract, which may result in the termination of this contract or such remedy, as recipient deems appropriate. 20. 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. C-5 21. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body 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. 22. 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. 23. 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 24. INSURANCE. The Contractor shall procure and maintain, for the duration of the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance: Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88. 2. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3. Worker's' Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contract, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. c-6 Minimum Limits of Insurance: The Contractor shall maintain limits no less than: General Liability: Two Million Dollars $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: One Million Dollars $1,000,000 per accident for bodily injury and property damage. 3. Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars $1,000,000 per accident for bodily injury or disease. Deductibles and Self -Insured Retentions: Any deductibles or self-insurance retentions shall not exceed Twenty -Five Thousand Dollars $25,000. Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respects to liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this Contract shall be endorsed to state in substantial conformance to the following: If the policy will be cancelled before the expiration date the insurer will notify in writing to the City of such cancellation not less than 30 days prior to the cancellation effective date. ca 6. If insurance coverage is cancelled or reduced in coverage or in limits, the Contractor shall within two business days of notice from the insurer, phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements. Verification of Coverage: Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 25. RECOVERED MATERIALS AND SOLID WASTE DISPOSAL ACT Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 26. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor shall not procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities. Covered equipment also includes video surveillance and telecommunications equipment or services provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, any subsidiary or affiliate of such entities, and any entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 27. COMPLIANCE WITH LAWS The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents, and shall comply with all grant or funding terms and conditions applicable to the Contract and/or the work. 28. 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 c-a performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must present a claim in accordance with the Government Claims Act as a prerequisite to prosecuting any claim against the City. The filing or prosecution of a claim in compliance with Section 9204 and/or Article 1.5 (if applicable) does not in any way obviate the need to timely present a claim under the Government Claims Act, or in any toll the expiration of any limitations period for the timely presentation of a claim under the Government Claims Act. c-9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: 11 119/21 DATED: ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM CONTRACTOR: Baker Electric, Inc. 1298 Pacific Oaks Place Escondido, CA 92029 (760) 745-2001 oecheverri@bakkeer-electric.com By: Ted Baker NAME President TITLE By: (-/ I Justen Decker NAME Executive Vice President TITLE (*Signatures of two corporate officers required for Corporations) Peter M. Thorson, City Attorney CITY OF TEMECULA In Maryann Edwards, Mayor C-10 ANk C7*`C%1 �l The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program PEDESTRIAN SIGNAL EQUIPMENT UPGRADE - CITYWIDE Infrastructure Project Project Description: This project will install pedestrian countdown signal heads, ADA compliant pedestrian pushbutton equipment and upgrade traffic signal controllers to improve safety and operations at signalized intersections Citywide including the Butterfield Stage Road, Jefferson Avenue, Margarita Road, Redhawk Parkway, Pechanga Parkway, Rancho California Road, Temecula Parkway and Ynez Road corridors. Benefit: This project improves pedestrian safety and traffic circulation throughout the City. Core Value: Healthy and Livable City Project Status: Project is estimated to be complete in Fiscal Year2021-22. Department: Public Works - Account No. 210.265.999.518 / PW19-10 Level: I Project Cost: Prior Years Actuals 2021-22 2020-21 Adopted 2022-23 2023-24 2024-25 2025-26 Adjusted Budget Projected Projected Projected Projected Total Project Cost Administration 5,000 5,000 Construction 803,200 803,200 Construction Engineering 105,000 105,000 Design & Environmental 30,715 32,285 63,000 Total Expenditures 30,715 945,485 - 976,200 Source of Funds: HSIP-Highway Safety 908,200 908,200 Improvement Program Measure S 38,000 30,000 68,000 Total Funding 38,000 938,200 - 976,200 Future Operating & Maintenance Costs: Total Operating Costs 135 auxad •5 QCCEYSipE � Q1 i, VIUAGE •� "k, SOUTH MURRIEM a�Q ST ! NY -olds Rb P tCRRIDORRP.YJR � LAKEVIEi RD g • Ili I:U, e�4� E• YNEZ RID `•` CORRIDOR r� 11FAOCWVIEIM VO N Hfi'iRA6E MARGARITA Fm CDiRPOOR • NINCFESTER RD t - - -- - • MNT KaS Bau•'a� ,� `ry ENTERPRISE CIRCLE • - ?� rlzJ, w � .EF'FE SON AVE • • - u ry ODRRi00R RANCHO CALIFORNIA RD 4 >r PAIBA RD k CORRIDOR Temecula • CALLEVENTRA/FIIE • STATION 84 DIAZ RD R RANCHO TRY • • CTOWNE Hal i i� �;tr., pa•.,� __ BUTTEFIELD STAGE RD ��4:!e: tr, • CORRIDOR le F if .r.F:'i: l._15 • CAWAN LA WY p £ CAYIND DEL SM. • a OLD TOM FROM STl ;_ T9 SAMIAeo RD/FIRST ST -`��.. om4ea}y Pi i • ij s TERECiLA FKRY m ' CORRIDOR • D, r, 3nir. - VAIL RANCH PKtlY ! n REDHAWC ROIY •`; NIGHTHAWC PASS CORRIDOR m o; PECHANBA PKRY 0 • � .... CORRIDOR 5VCAi iIUeEw Pechmlg � o DEErt HQ10fa EY/ANZA RD e Adis Re;envtio JON RILLIAY RY/PFPPEROORN DR ry Pechanao Indian 7 sial LEGEND LOCATION MAP VICINITY MAP • SIGNALIZED PROJECT LOCATION - CORRIDOR LIMITS - -° CITY LIMITS :. CALTRANS RIGHT OF WAY .. __ PROJECT LOCATION 3500 1750 0 3500 7000 10500 SCALE: 1"=7000' DF TEATE.CG VICINITY MAP/LOCATION MAP ATTACHMENT CITY OF TEMECULA 2 F� S19: INSTALL PEDESTRIAN COUNTDOWN SIGNAL HEADS �$9Kvo� 2018 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) Item No. 17 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 14, 2021 SUBJECT: Approve Utility Agreement with Southern California Edison Company for I-I5/French Valley Parkway Improvements — Phase II, PW 16-01 PREPARED BY: Amer Attar, Engineering Manager Kendra Hannah-Meistrell, Senior Civil Engineer RECOMMENDATION: That the City Council approve an Agreement with Southern California Edison Company (SCE), in the amount of $972,540, to relocate utilities for the I-I5/French Valley Parkway Improvements — Phase II project. BACKGROUND: Construction of the I-15/French Valley Parkway Improvements — Phase II project (Project) necessitates the relocation of Southern California Edison Company's existing overhead power distribution facilities. These facilities must be relocated to a higher elevation to provide a safe clearance over the new improvements. The Project is on the State Highway System and the City is the implementing agency. As such, and in accordance with the Design Cooperative Agreement entered into between the City and the California Department of Transportation (Caltrans) (City Agreement No. 19-101, District Agreement No. 08-1667), City staff has worked directly with the Southern California Edison Company as an agent of the State. Relocation plans to resolve conflicts have been developed and cost liabilities have been established. The subject utility agreement facilitates the construction to relocate SCE facilities. The format and content of the Agreement is consistent with the terms required for Caltrans projects. FISCAL IMPACT: The I-15/French Valley Parkway Improvements — Phase II project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2022-26. The project is funded with Measure S, TUMF (WRCOG), TUMF (CETAP/RCTC), SAFETEA- LU, STIP, and INFRA Grant. There are sufficient funds in the project account to cover the estimated cost of $972,540. ATTACHMENTS: 1. Utility Agreement 2. Project Description 3. Project Location Page 1 of 6 CITY OF TEMECULA UTILITY AGREEMENT County Route P.M. Project # Riverside 15,215 6.4/9.7; R8.4/R9.3 0800020178 Fed. Aid No. INFRALUL-5459(031) Owner's File Drawing No. 1227519 0.01, Work Order No. TD1642508 FEDERAL PARTICIPATION: On the Project: Yes On the Utilities: Yes UTILITY AGREEMENT NO. The City of Temecula herein after called "CITY" proposes to construct a new northbound collector/distributor system along Interstate 15 (1-15) from the Winchester Road interchange northerly on -ramps to just north of the 1-1 5/Interstate 215 (1-215) junction with connectors to 1-15 and 1-215 in the cities of Temecula and Murrieta, Riverside County, California. And: Southern California Edison Company hereinafter called "OWNER," owns and maintains electrical facilities; within the limits of CITY's project that requires relocation of said facilities to accommodate CITY's project. It is hereby mutually agreed that: WORK TO BE DONE: (a) In accordance with Notice to Owner No. 43272 SCE dated 11/22/2021, OWNER shall relocate overhead distribution facilities. All work shall be performed substantially in accordance with OWNER's Plan No.1227519_0.01 dated 10/19/2021, consisting of one sheet, a copy of which is on file in the Office of the CITY at 41000 Main Street, Temecula 92590. Deviations from the OWNER's plan described above initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and agreed to/ acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the Revised Notice to Owner. (b) In accordance with Notice to Owner No. 34272 SCE dated 11/22/2021, OWNER shall prepare their relocation plans. Any revision to the OWNER's plan described above, after approval by the CITY, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and agreed to/acknowledged by the OWNER, will constitute an approved revision of the Page 2 of 6 OWNER's plan described above and are hereby made a part hereof. No redesign or additional engineering, after approval by the CITY, shall commence prior to written execution by the OWNER of the Revised Notice to Owner and may require an amendment to this Agreement in addition to the Revised Notice to Owner. LIABILITY FOR WORK (a) Existing facilities are located in their present position pursuant to rights superior to those of the CITY and will be relocated at CITY's expense. The total cost to perform this work is estimated to be nine hundred seventy two five thousand five hundred forty dollars ($ 972,540.00 CITY, $ 0.00 OWNER). III. PERFORMANCE OF WORK (a) OWNER agrees to perform the herein -described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore; and to prosecute said work diligently to completion. (b) Use of personnel requiring lodging and meal "per diem" expenses will not be allowed without prior written authorization by CITY's representative. Requests for such authorization must be contained in OWNER's estimate of actual and necessary relocation costs. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per Diem expenses shall not exceed the per diem expense amounts allowed under the California Department of Human Resources travel expense guidelines. (c) Work performed by OWNER's contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements; but, work performed directly by OWNER's employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above. (d) Engineering services for locating, making of surveys, preparation of plans, specifications, estimates, supervision, and inspection are to be furnished by the Utility Owner and approved by the CITY. Cost principles for determining the reasonableness and allowability of OWNER's costs shall be determined in accordance with 48 CFR, Chapter 1, Subpart E, Part 31; 23 CFR, Chapter 1, Part 645; and 18 CFR, Chapter 1, Parts 101, 201 and OMB Circular A-87, as applicable. IV. PAYMENT FOR WORK (a) The CITY shall pay its share of the actual and necessary cost of the herein described work within 90 days after receipt of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission (PUC), Federal Page 3 of 6 Energy Regulatory Commission (FERC) or Federal Communications Commission (FCC), whichever is applicable. It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. (b) Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit itemized progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by CITY of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final bill to the CITY within 180 days after the completion of the work described in Section I above. If the CITY has not received a final bill within 180 days after notification of completion of OWNER's work described in Section I of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities; CITY will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law that all remaining costs will be deemed to have been abandoned. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the CITY shall not pay final bills, which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by CITY. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a Revised Notice to Owner as provided for in Section I, a copy of said Revised Notice to Owner shall suffice as documentation. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of CITY. Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by CITY and/or Federal Auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are applicable to OWNER doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2 CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing. If OWNER is subject to repayment due to failure by Page 4 of 6 CITY to comply with applicable laws, regulations, and ordinances, then CITY will ensure that OWNER is compensated for actual cost in performing work under this agreement. V. GENERAL CONDITIONS (a) All costs accrued by OWNER as a result of CITY's request of 07/24/2020 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If CITY's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, CITY will notify OWNER in writing, and CITY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. All obligations of CITY under the terms of this Agreement are subject to the acceptance of the Agreement by City Council. (b) OWNER shall submit a Notice of Completion to the CITY within 30 days of the completion of the work described herein. (c) It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1 Part 645 is hereby incorporated into this Agreement by reference: provided, however, that the provisions of any agreements entered into between the State and the OWNER pursuant to State law for apportioning the obligations and costs to be borne by each, or the use of accounting procedures prescribed by the applicable Federal or State regulatory body and approved by the FHWA, shall govern in lieu of the requirements of said 23 CFR 645. In addition, the provisions of 23 CFR 635.410, Buy America (BA), are also incorporated into this agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 21 st Century (MAP-21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA. (d) OWNER understands and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance, and will demonstrate Buy America compliance by collecting written certification(s) from the vendor(s) or by collecting written certification(s) from the manufacturer(s) mill test report (MTR). Certification(s) should state, "All manufacturing processes for these steel and iron materials, including the application of coatings have occurred in the United States. All manufacturing processes means melting of the steel through final manufacturing of steel components." (e) All documents obtained to demonstrate Buy America compliance will be held by the OWNER for a period of three (3) years from the date of final payment to the OWNER and will be made available to STATE or FHWA upon request Page 5 of 6 One set of copies of all documents obtained to demonstrate Buy America compliance will be attached to, and submitted with, the final invoice. This does not include products for which waivers have been granted under 23 CFR 635.410 or other applicable provisions or excluded material cited in the Department's guidelines for the implementation of Buy America requirements for utility relocations issued on December 3, 2013. (f) If, in connection with OWNER's performance of the Work hereunder, CITY provides to OWNER any materials that are subject to the Buy America Rule, CITY acknowledges and agrees that CITY shall be solely responsible for satisfying any and all requirements relative to the Buy America Rule concerning the materials thus provided (including, but not limited to, ensuring and certifying that said materials comply with the requirements of the Buy America Rule). (g) CITY further acknowledges that OWNER, in complying with the Buy America Rule, is expressly relying upon the instructions and guidance (collectively, "Guidance") issued by CITY and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in breach of this Agreement for any violations of the Buy America Rule if OWNER's actions are in compliance with the Guidance. Page 6 of 6 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. CITY OF TEMECULA APPROVED By: Maryann Edwards, Mayor Date: APPROVED AS TO FORM: M Peter M. Thorson, City Attorney ATTEST: By: Randi Johl, City Clerk SOUTHERN CALIFORNIA EDISON COMPANY APPROVED By: � 0 "�� Cynthia Wagner, Project Manager Date: 11/30/2021 Alft c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215. Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system. Core Value: Transportation Mobility and Connectivity Project Status: The environmental re-evaluation and design are estimated to be completed in Fiscal Year2021-22. Department: Public Works - Account No. 210.265.999.726 / PW16-01 Level: I Project Cost: Prior Years Actuals 2020-21 Adjusted 2021-22 Adopted Budget 2022-23 Projected 2023-24 2024-25 Projected Projected 2025-26 Projected Total Project Cost Administration 2,552,128 251,670 227,000 227,000 227,000 3,484,799 Construction 88,950,000 88,950,000 Construction Engineering 1,279 10,899,721 10,901,000 Design & Environmental 17,898,086 1,221,217 19,119,303 Land Acquisition 9,393,251 5,826,900 743,100 15,963,251 Utilities 1,993 1,993 Total Expenditures 29,846,738 107,149,508 970,100 227,000 227,000 138,420,346 Source of Funds: CFD 01-02 (Harveston) 1,005,840 1,005,840 DIF-Street Improvements 75,360 75,360 General Fund 4,236,174 4,236,174 INFRA Grant 50,000,000 50,000,000 Measure A 1,627,914 1,627,914 Measure S 454,000 3,837,485 970,100 227,000 227,000 5,715,585 Reimbursements 6,008,000 6,008,000 SAFETEA-LU 1,602,360 1,602,360 STIP-Surface Transportation 47,600,000 47,600,000 Improvement Program TUMF (CETAP/RCTC) 472,841 999,668 1,472,509 TUMF (RCTC) 2,343,000 2,343,000 TUMF (WRCOG) 11,450,112 5,283,492 16,733,604 Total Funding 27,673,241 109,323,005 970,100 227,000 227,000 138,420,346 Future Operating & Maintenance Costs: 71 Alk c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project 2021-22 Prior Years 2020-21 Adopted 2022-23 2023-24 2024-25 2025-26 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Total Operating Costs Notes : 1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds. 2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000). 3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW. 4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase II. 5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase II. 6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase I. 7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match). 72 pF TF.q£C G" French Valley Parkway/I-15 Improvements - Phase 11 Circulation Project Location 0 400 800 Feet Them a p FrenchValleyParkway_Phasell.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update 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 2018 Aerial Data 58 Item No. 18 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 14, 2021 SUBJECT: Approve Purchase and Sale Agreement for the Partial Acquisition on Assessor's Parcel Number 916-400-054 in Connection with I-15/French Valley Parkway Improvements — Phase II, PW16-01 PREPARED BY: Amer Attar, Engineering Manager Kendra Hannah-Meistrell, Senior Civil Engineer RECOMMENDATION: That the City Council take the following actions: 1. Adopt a resolution entitled: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND HOEHN ENTERPRISE 4 TEMECULA LLC IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF APN 916-400-054) 2. Authorize the City Manager to approve and execute all necessary documents, including those in substantially the form attached to the Agenda Report, and take all necessary actions to effectuate the purchase of the approximate 10,114 square foot partial fee acquisition on the real property located at 40955 Temecula Center Drive, Temecula (portions of Assessor's Parcel Number 916-400-054). BACKGROUND: The City of Temecula (City), in cooperation with the California Department of Transportation (Caltrans), seeks to construct the I-15/French Valley Parkway Improvements - Phase II (Phase II) to improve traffic congestion and improve operational efficiency within the limits of the I-15/French Valley Parkway Improvements Project. As partof Phase II, the City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-154-215 junction with connectors to I-15 and I-215. The Phase II project requires the acquisition of privately -owned lands to accommodate the proposed public improvements. On May 28, 2019, the City Council adopted Resolution No. 19-30 approving a Cooperative Agreement, Agreement 08-1667, with Caltrans for the design of Phase II. Pursuant to Agreement 08-1667, City is the implementing agency for right of way and is responsible for acquisition of the property interests needed for Phase II. Phase II requires the acquisition of an approximate 10,114 square foot portion of that certain real property located at 40955 Temecula Center Drive, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 916-400-054 for public use, namely public street and highway purposes, retention wall construction, drainage, public utilities, and all uses necessary or convenient thereto in connection with the City's proposed construction of Phase II. Hoehn Enterprise 4 Temecula LLC is the record owner of said real property. Pursuant to Government Code Section 7267.2, on August 10, 2021, the City Council set just compensation for the approximate 10,114 square foot acquisition ("Subject Fee Property") at the fair market value as determined by the City's independent appraiser based on an October 7, 2020 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the Subject Fee Property. On October 12, 2021, Overland, Pacific & Cutler (OPC), the City's acquisition consultant, extended, on behalf of the City, a written offer to Hoehn Enterprise 4 Temecula LLC to purchase the Subject Fee Property at the fair market value established by the City's independent appraiser. Hoehn Enterprise 4 Temecula LLC, OPC, and City staff negotiated the City's acquisition of the Subject Fee Property and have reached an agreement. The Purchase and Sale Agreement describes the details of the acquisition of the Subject Fee Property. The total purchase price for the Subject Fee Property is the negotiated amount of $283,192, which is within the authorized negotiation amount. The environmental effects of the acquisition of the Subject Fee Property were studied as an integral part of the Mitigated Negative Declaration approved for the I-15/French Valley Parkway Improvements Project. The findings made by the City Council at its meeting on February 23, 2010 in approving the Mitigated Negative Declaration are the appropriate findings for the acquisition of the Subject Fee Property. A re -validation of the Mitigated Negative Declaration was approved on July 9, 2021. In connection with the attached Agreement, City staff reviewed all environmental documents prepared in connection with the Phase II project, including, but not limited to, the re- validation of the Mitigated Negative Declaration, the Mitigated Negative Declaration, the initial environmental study, the mitigation monitoring program and agenda report related to the approval of the Mitigated Negative Declaration. 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 Phase II project and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Fee Property. FISCAL IMPACT: The I-15/French Valley Parkway Improvements — Phase II project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2022-26. The project is funded with Measure S, TUMF (WRCOG), TUMF (CETAP/RCTC), SAFETEA- LU, STIP, and INFRA Grant. The City will pay $283,192 for the City's purchase of the partial fee acquisition plus any escrow -related costs, which are not expected to exceed $10,000. Sufficient funds are available in the Project accounts. ATTACHMENTS: 1. Resolution 2. Purchase and Sale Agreement with Exhibits Exhibit "A" — Legal Description of Subject Fee Property (Caltrans Parcel 24717-1) Exhibit `B" — Depiction of Subject Fee Property (Caltrans Parcel 24717-1) Exhibit "C" — Form of Grant Deed 3. Project Description 4. Project Location RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND HOEHN ENTERPRISE 4 TEMECULA LLC IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF APN 916-400-054) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula (City), in cooperation with the California Department of Transportation (Caltrans), seeks to construct the I-15/French Valley Parkway Improvements - Phase II (Phase II) to improve traffic congestion and improve operational efficiency within the limits of the I-15/French Valley Parkway Improvements Project (Project). City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to I-15 and I-215. B. Phase II is identified in the City's Capital Improvement Program Budget for Fiscal Years 2022-26. C. On May 28, 2019, the City Council adopted Resolution No. 19-30 approving a Cooperative Agreement, Agreement 08-1667, with Caltrans for the design of Phase II. Pursuant to Agreement 08-1667, City is the implementing agency for right of way and is responsible for acquisition of the property interests needed for Phase II. D. Hoehn Enterprise 4 Temecula LLC ("Seller") is the record owner of that certain real property located at 40955 Temecula Center Drive, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 916-400-054 ("Larger Parcel"). The Larger Parcel is approximately 195,950 square feet (4.5 acres) in size. The Larger Parcel is improved with automobile dealership improvements of approximately 32,000 square feet that are not affected by Phase II. E. Phase II requires the acquisition of an approximate 10,114 square foot portion of the Larger Parcel ("Subject Fee Property") for public use, namely public street and highway purposes, retention wall construction, drainage, public utilities, and all uses necessary or convenient thereto in connection with the City's proposed construction of Phase II. F. Pursuant to Government Code Section 7267.2, on August 10, 2021, the City Council set just compensation for the Subject Fee Property at the fair market value as determined by the City's independent appraiser based on an October 7, 2020 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the Subject Fee Property. G. On October 12, 2021, Overland, Pacific & Cutler (OPC), the City's acquisition consultant, extended, on behalf of the City, a written offer to Hoehn Enterprise 4 Temecula LLC to purchase the Subject Fee Property at the fair market value established by the City's independent appraiser. H. Hoehn Enterprise 4 Temecula LLC, OPC, and City staff negotiated the City's acquisition of the Subject Fee Property and have reached an agreement. The Purchase and Sale Agreement describes the details of the acquisition of the Subject Fee Property. The total purchase price for the Subject Fee Property is the negotiated amount of $283,192, which is within the authorized negotiation amount. I. At its meeting of February 23, 2010, the City Council approved the Mitigated Negative Declaration for the I-15/French Valley Parkway Improvements Project. The City Council found that based on the record before it (1) the Mitigated Negative Declaration was prepared in compliance with California Environmental Quality Act (CEQA); (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. The City duly filed the Notice of Determination in accordance with CEQA. Section 2. Approval of Purchase and Sale Agreement. The City Council hereby approves the Purchase and Sale Agreement and Joint Escrow Instructions Between City of Temecula and Hoehn Enterprise 4 Temecula LLC in Connection with the I-15/French Valley Parkway Improvements — Phase II (Portions of APN 916-400-054). Section 3. Environmental Analysis. The environmental effects of the acquisition of the Subject Fee Property were studied as an integral part of the Mitigated Negative Declaration approved for the I-15/French Valley Parkway Improvements Project. The findings made by the City Council at its meeting on February 23, 2010 in approving the Mitigated Negative Declaration are the appropriate findings for the acquisition of the Subject Fee Property. A re -validation of the Mitigated Negative Declaration was approved on July 9, 2021. In connection with the attached Agreement, City staff reviewed all of the environmental documentation prepared in connection with the Phase II project, including, but not limited to, the re -validation of the Mitigated Negative Declaration, the Mitigated Negative Declaration, the initial environmental study, the mitigation monitoring program and agenda report relating to the approval of the Mitigated Negative Declaration. 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 Phase II project and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Fee Property. N Section 4. City Manager's Authority. The City Manager is authorized to execute the Agreement in substantially the form attached. A copy of the final Agreement shall be placed on file in the Office of the City Clerk. The City Manager (or the City Manager's designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Agreement, including but not limited to, execution of the Certificate of Acceptance, escrow instructions, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to effectuate the transaction contemplated therein. 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 14'h day of December, 2021. Maryann Edwards, 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of December, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND HOEHN ENTERPRISE 4 TEMECULA LLC IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF APN 916-400-054) This Agreement for Purchase and Sale and Joint Escrow Instructions between the City of Temecula and Hoehn Enterprise 4 Temecula LLC in Connection with I- 15/French Valley Parkway Improvements - Phase II (Portions of APN 916-400-054) ("Agreement") is entered into by and between the City of Temecula, a municipal corporation ("Buyer" or "City") and Hoehn Enterprise 4 Temecula LLC, a California limited liability company ("Seller") and constitutes an agreement to purchase and sell certain real property interests between Seller and Buyer and the joint escrow instructions directed to First American Title Company ("Escrow Holder"). Seller and Buyer are referred to below collectively as the "Parties". The Agreement is effective on the date it is fully executed by the Parties ("Effective Date"). RF.f TTAT,C A. Seller is the record owner of that certain real property located at 40955 Temecula Center Drive, in the City of Temecula, California, and identified as Riverside County Tax Assessor's Parcel Number 916-400-054 ("Larger Parcel"). The Larger Parcel is approximately 195,950 square feet (4.5 acres) in size. It is improved with automobile dealership improvements of approximately 32,000 square feet. B. City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements - Phase II ("Phase II") to improve traffic congestion and improve operational efficiency within the limits of the I- 15/French Valley Parkway Improvements Project ("Project"). City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, City proposes to construct a two-lane northbound collector/distributor system along 1-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I- 15/I-215 junction with connectors to I-15 and I-215. C. Pursuant to Cooperative Agreement 08-1667 ("Cooperative Agreement"), City is the implementing agency for right of way and is responsible for acquisition of the real property interests needed for Phase II. D. City extended to Seller a written offer dated October 12, 2021 pursuant to Government Code Section 7267.2 to purchase in fee an approximate 10,114 square foot portion of the Larger Parcel ("Subject Fee Property") for public use, namely public street and highway purposes, retention wall construction, drainage, public utilities, and all uses necessary or convenient thereto in connection with the City's proposed construction of Phase II. The approximate 10,114 square foot Subject Fee Property that the City seeks to acquire in fee is identified as Caltrans Parcel No. 24717-1 and described more particularly on Exhibit "A" hereto -1- 11086-0204\2570750vl .doc and roughly depicted on Exhibit `B" hereto, which are incorporated herein by this reference. There are no structures or site improvements in the area of the Subject Fee Property. E. The Parties negotiated City's purchase in fee of the Subject Fee Property, and have reached an agreement regarding the terms of City's purchase of the Subject Fee Property, subject to ratification by the City Council. F. The Parties acknowledge that City is authorized to acquire real property by eminent domain for a public use, including public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities, pursuant to the authority conferred upon the City of Temecula by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law). Phase II is a public use for which City has the authority to exercise the power of eminent domain. Pursuant to Section 41 of the Cooperative Agreement, City, as the implementing Agency, is responsible for hearing any resolutions of necessity for Phase II. The City Council of the City of Temecula, as City's governing body, has sole discretion to make the findings required by Code of Civil Procedure Section 1240.030 for the adoption of a resolution of necessity pursuant to the Eminent Domain Law. (Code of Civil Procedure Section 1245.220). If Seller and City had not reached agreement for the City's purchase of the Subject Fee Property, City Staff would have recommended that the City Council consider the adoption of a resolution of necessity authorizing the initiation of eminent domain proceedings to acquire the Subject Fee Property in accordance with the Eminent Domain Law. The City Council, however, has the exclusive discretion to adopt a resolution of necessity. The adoption of any such resolution of necessity would require City's compliance with applicable law, including Government Code Section 7260 et seq. and the Eminent Domain Law. This Agreement is not a commitment or announcement of intent to acquire any other real property interests that City may need for Phase II. Seller is solely responsible for consulting its tax advisors or seeking a letter ruling from the Internal Revenue Service regarding the applicability of 26 U.S.C. Section 1033 to Seller's sale of the Subject Fee Property to City in connection with the Phase II. City makes no express or implied representation regarding the applicability of 26 U.S.C. Section 1033 to this transaction. G. Seller desires to sell to City the Subject Fee Property, and City desires to purchase the Subject Fee Property, subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the above Recitals and for other valuable consideration, the sufficiency of which is hereby acknowledged, City and Seller agree as follows. 1. Purchase and Sale. On the Close of Escrow, as defined in Section 2 below, Seller agrees to sell in fee the Subject Fee Property (Caltrans Parcel No. 24717-1) described in Exhibit "A" and roughly shown on Exhibit `B" to the City and City agrees to purchase the Subject Fee Property in fee from Seller on the terms and conditions set forth in this Agreement. 2. Opening and Close of Escrow. Within five (5) business days after the Effective Date, City will deliver a copy of the fully -executed Agreement to Escrow Holder. Opening of Escrow means the date on which Escrow Holder receives a copy of the fully -executed Agreement. The Parties can execute the Agreement in counterparts as set forth in Section 19.d. below. This -2- 1 1086-0204\2570750vl.doc Agreement shall serve as the instructions to Escrow Holder for consummation of the transactions contemplated hereby. City and Seller agree to execute such additional and supplementary escrow instructions as may be appropriate to enable Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between the terms and provisions of this Agreement and the terms and provisions of any supplementary escrow instructions, the terms and provisions of this Agreement shall control. For the purposes of this Agreement, "Close of Escrow" shall be the date on which the Grant Deed for the Subject Fee Property in favor of City is recorded in the Official Records of the Riverside County Recorder's Office. Provided all of Seller's and City's obligations to be performed on or before Close of Escrow have been performed and all the conditions to the Close of Escrow set forth in this Agreement have been satisfied, escrow shall close thirty (30) calendar days after the Opening of Escrow ("Closing Date"). All risk of loss or damage with respect to the Subject Fee Property shall pass from Seller to City at the Close of Escrow. Possession of the Subject Fee Property shall be delivered to Buyer upon the Close of Escrow. 3. Purchase Price. The total purchase price that City will pay to Seller for the Subject Fee Property is the sum of $283,192.00 (Two Hundred Eighty -Three Thousand One Hundred Ninety -Two Dollars) ("Purchase Price") for the fair market value of the Subject Fee Property. No attempt has been made to assign value to the lesser interest in the Subject Fee Property. Thus, the Purchase Price is the total price for the Subject Fee Property without distinction or separation for various interests that may be held in the Subject Fee Property. Seller is responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist in the Subject Fee Property. 4. Title and Title Insurance. a. Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Subject Fee Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to City and Seller. Escrow Holder will insure City's interest in the Subject Fee Property described in Exhibit "A" and roughly depicted on Exhibit "B" to this Agreement at the Close of Escrow by a CLTA Standard Coverage Policy of Title Insurance (or an ALTA Extended Coverage Form of Title Policy ("Alta Extended Policy") if the City elects such coverage as provided below in Section 4.b.) in the amount of the Purchase Price ("Title Policy"), with liability in the full amount of the Purchase Price, insuring title to the Subject Fee Property as vested in City, free and clear of all monetary liens and encumbrances and other matters affecting title to the Subject Fee Property, except for the permitted title exceptions defined below and any permitted conditions of title that Buyer approves in writing (collectively "Permitted Title Exceptions): i. General and special real property taxes and assessments for the then current tax fiscal year which 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 Larger Parcel; -3- 1 1086-0204\2570750vl.doc iii. Such other non -monetary exceptions listed in the Preliminary Title Report that City has approved within ten (10) business days after the date the City receives the title commitment and legible copies of instruments noted as exceptions therein. If City conditionally disapproves any exceptions, then Seller will use good faith efforts to seek to cause such exceptions to be removed by the Close of Escrow. In no event will Seller be required to file any legal action to seek to remove any exception conditionally disapproved by the City. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, the City may, at the City's option, either accept the Subject Fee Property subject to such encumbrances or terminate the Escrow. In the event Escrow is terminated, within ten (10) business days of the written notice of termination to Escrow, Escrow will disburse the City any funds deposited into Escrow by City less any escrow cancellation charges. iv. Any exceptions directly or indirectly caused by City or City's agents, employees or contractors. b. The City will have the option of obtaining an ALTA Extended Policy or a CLTA Standard Coverage Policy of Title Insurance. If the City, in its sole discretion, determines to obtain an ALTA Extended Policy, the City will, at its expense, procure an ALTA survey. The City will also pay for the cost of any such ALTA Extended Policy. C. Acts After Date of Agreement. During the period from the date of this Agreement through the Close of Escrow, Seller shall not encumber the Subject Fee Property, record or permit to be recorded any document or instrument relating to the Subject Fee Property, or physically alter the Subject Fee Property or permit or cause to be altered without the prior written consent of Buyer, which consent may be withheld in Buyer's sole and absolute discretion. 5. Escrow. a. Deposit of Funds in Escrow. City covenants and agrees to deposit with Escrow Holder the Purchase Price and any such escrow funds that are required within five (5) 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. b. Deposit of Documents in Escrow by Seller. Seller covenants and agrees to deposit with Escrow Holder the following documents within ten (10) business days of the Opening of Escrow: i. Grant Deed. The Grant Deed in the form attached as Exhibit "C" hereto ("Grant Deed") duly executed and acknowledged by Seller. Exhibit "C" is attached hereto and incorporated herein by this reference. ii. A California 593 certificate and federal non -foreign affidavit. iii. Any other documents reasonably required by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow. C. Deposit of Documents in Escrow by Cily. -4- 1 1086-0204\2570750vl.doc i. Certificate of Acceptance. An executed Certificate of Acceptance in the form attached to the Grant Deed (attached hereto as Exhibit "C"). iii. Any other documents reasonably required by Escrow Holder to be deposited by Buyer to carry out this escrow. d. Recordation of Grant Deed; Delivery of Funds and Possession. Upon receipt of the funds and instruments described in Section 5, Escrow Holder shall cause the Grant Deed to be recorded in the Office of the County Recorder of Riverside County, California. Thereafter, Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges as shown on a preliminary Settlement Statement executed by City and Seller) to Seller, and Seller shall deliver to City possession of the Subject Fee Property free and clear of all occupants. e. Prorations. Real property taxes for the Subject Fee Property shall not be prorated, but must be paid by Seller for the current tax period. Seller may apply for a refund of property taxes in the event any property taxes paid are allocable to the period after the Close of Escrow and City shall reasonably cooperate therewith. City, as a municipal corporation acquiring property for Phase II, is exempt from property taxes pursuant to Revenue and Taxation Code Section 11922, and other provisions of law. All property assessments shall be prorated between Buyer and Seller as of the Close of Escrow based on the latest available tax information. All prorations for such assessments shall be determined on the basis of a 365-day year. Escrow Holder is authorized to pay from the Purchase Price any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds recorded against the Subject Fee Property. f. Costs of Escrow. City will pay for the cost of the Title Policy (or ALTA Extended Policy if City elects to obtain such extended coverage). City will also pay for escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone calls, etc. City will pay for recording the Grant Deed, and any documentary or other local transfer taxes, if any, and for any recording costs (if any). City will also pay for the costs of an ALTA survey if it determines to obtain an ALTA Extended Policy. g. Escrow Cancellation Charges. If escrow fails to close through no fault of either parry, City will pay all escrow and title cancellation charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges. 6. Conditions to the Close of Escrow. Escrow shall not close unless and until both Parties have deposited with Escrow Holder all sums and documents required to be deposited as provided in Section 5. Additionally, City's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for City's benefit and may be waived only by City: a. Seller shall have performed all obligations to be performed by Seller hereunder. -5- 1 1086-0204\2570750vl.doc b. Title Company shall have issued or shall have committed to issue the Title Policy to City, for the amount of the Purchase Price, showing fee title to the Subject Fee Property to be vested in City subject only to the Permitted Title Exceptions. Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering the approximate 10,114 square foot Subject Fee Property, so that said Subject Fee Property is free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from Seller regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Subject Fee Property. C. If any of the conditions to Close of Escrow are not timely satisfied for a reason other than a default of City or Seller under this Agreement, and this Agreement is terminated, then upon termination of this Agreement, Escrow Holder will promptly return to City all funds (and all interest accrued thereon, if any) and documents deposited by City in escrow and return to Seller the documents deposited by Seller in escrow that are held by Escrow Holder on the date of the termination (less any escrow cancellation charges). 7. Permission to Enter/Due Diligence Testing. During the period commencing on the Effective Date ("commencement date") and ending at 5:00 p.m. fifteen (15) business days after said commencement date (referred to as the "Due Diligence Period"), City may inspect the Subject Fee Property as necessary for the purpose of making inspections and other examinations of the Subject Fee Property, including, but not limited to, the right to perform soil and geological tests of said Subject Fee Property and an environmental site assessment thereof. City will give Seller written notice twenty-four (24) hours before going on the Subject Fee Property to conduct such due diligence testing. City's physical inspection of the Subject Fee Property shall be conducted during normal business hours. No invasive testing or boring shall be done by City without the prior written notification to Seller and obtaining Seller's written permission of the same, which permission shall not be unreasonably withheld. City does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns free and harmless from and against any and all liability, loss, damages, costs, expenses, demands, causes of action, claims or judgments, arising from or occurring out of any damage to the Subject Fee Property in connection with any accident or other occurrence at the Subject Fee Property in connection with City's due diligence testing and environmental site assessments involving entrance onto the Subject Fee Property pursuant to this Section. If City fails to acquire the Subject Fee Property due to City's default, this license/permission to enter will terminate upon the termination of City's right to purchase said Subject Fee Property. In such event, City will remove or cause to be removed any personal property, facilities, tools, and equipment from the Subject Fee Property left in the area comprising the Subject Fee Property in connection with the due diligence testing and restore said area to as close as possible to the condition of said area prior to City's due diligence testing. 8. Representation and Warranties of Seller. Seller hereby represents and warrants to City the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow: a. That to the best of Seller's knowledge on the Close of Escrow (i) the Subject Fee Property will be free and clear of Hazardous Materials (defined in Section 14.a. below) or toxic substances and waste, including, but not limited to, asbestos; (ii) businesses, if any, on the Subject Fee Property have disposed of their waste in accordance with all applicable statutes, -6- 1 1086-0204\2570750vl.doc ordinances, and regulations; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Subject Fee Property or alleged violation of Environmental Laws (defined in Section 14.b. below), health or safety statutes, ordinance, or regulations. b. That Seller is the sole owner of the Subject Fee Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Subject Fee Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller will not further encumber the Subject Fee Property or allow the Subject Fee Property to be further encumbered prior to the Close of Escrow. C. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the Subject Fee Property to City, violates or will violate any contract, agreement, or instrument to which Seller is a party, or which affects the Subject Fee Property, and the Seller's grant to City of the Subject Fee Property pursuant to this Agreement does not require the consent of any party not a signatory hereto. d. Except as disclosed in the title commitment referred to in Section 4.a, there are no claims or liens presently claimed or that will be claimed against the Subject Fee Property by contractors, subcontractors, or suppliers, engineers, architects, surveyors or others that may have lien rights for work performed or commenced prior to the Effective Date. Seller agrees to hold City harmless from all costs, expenses, liabilities, losses, charges, fees, including reasonable attorneys' fees, arising from or relating to any such lien or any similar lien claimed against the Subject Fee Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual rights or options to lease, purchase, or otherwise enjoy possession, rights, or interest of any nature in and to the Subject Fee Property, or any part thereof, and no persons have any right of possession to the Subject Fee Property, or any part thereof. Seller agrees to hold City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorneys' fees, arising from or relating to any claims by any person or entity claiming rights to possession of any portion of the Subject Fee Property. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other party before any court or administrative tribunal that involves the Subject Fee Property. 9. Representations and Warranties of City. City hereby represents and warrants to Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow: a. City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. City has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein. -7- 11086-0204\2570750vl .doc 10. Total Consideration. City's payment to Seller of the Purchase Price set forth in this Agreement is an all-inclusive settlement and is the full and complete consideration and payment of just compensation for the fair market value of the Subject Fee Property, any improvements located on the Subject Fee Property, severance damages, inverse condemnation, precondemnation damages, attorneys' fees, interest, appraisal costs, loss of rents, lost profits, any other damages of every kind and nature suffered by Seller by reason of City's acquisition of the Subject Fee Property or Phase II for which City is acquiring the Subject Fee Property, and all costs and expenses whatever in connection therewith. 11. Business Goodwill and Relocation Assistance. a. No Loss of Business Goodwill. Seller agrees and acknowledges that Seller will not suffer any loss of business goodwill under Code of Civil Procedure Section 1263.510 as a result of City's acquisition of the Subject Fee Property or the construction of Phase H. The acquisition of the Subject Fee Property and construction of Phase II will not impact the structure, site improvements, or the business operated on the Larger Parcel. Under Code of Civil Procedure Section 1263.510, the owner of a business conducted on the property taken, or on the remainder if the property is part of a larger parcel, will be compensated for loss of goodwill if the owner proves that (i) the loss is caused by City's acquisition of the property or the injury to the remainder; (ii) the loss cannot reasonably be prevented by a relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill; (iii) compensation for the loss will not be included in payments under Government Code Section 7262; and (iv) compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. b. No Relocation Assistance. The Larger Parcel is approximately 195,950 square feet (4.5 acres) in size. It is improved with automobile dealership improvements of approximately 32,000 square feet in size. The City's acquisition of the Subject Fee Property and the construction of the Phase II, in the manner proposed, will not impact the structure and site improvements on the Larger Parcel. The City's acquisition of the Subject Fee Property and construction of Phase II will not result in the displacement of any person or business. Accordingly, no relocation assistance and benefits pursuant to applicable federal or state relocation laws or regulations, including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 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.), or the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations) are triggered as a result of the City's acquisition of the Subject Fee Property in connection with Phase II. 12. Releases. a. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller's successors and assigns, fully releases City, its Councilmembers, officers, counsel, employees, representatives 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 City's efforts to acquire the Subject Fee Property, or any preliminary steps thereto. Seller further releases and -8- 1 1086-0204\2570750vl.doc agrees to hold City harmless from any and all claims and causes of action asserted by any party claiming to have rights to possession of any portion of the Subject Fee Property. b. Seller acknowledges that it may have sustained damage, loss, costs or expenses that are presently unknown and unsuspected, and such damage, loss, costs or expenses that may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller 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 Seller may have under California Civil Code Section 1542 as it relates to the releases set forth in this Section 12, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." Seller's Initials: City's Initials: Seller's waiver of rights and release of claims set forth above in Section 12.a. and Section 12.b. will not extend to and is not intended to extend to claims related to or alleged to arise out of negligence on the part of City, its agents or contractors, in connection with the physical construction of Phase II. This Section 12 will survive the Close of Escrow. 13. City's Contingencies. For the benefit of City, the Close of Escrow and City's obligation to consummate the purchase of the Subject Fee Property is contingent upon and subject to the occurrence of all of the following (or City's written waiver thereof, it being agreed that 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 Seller contained in this Agreement are all true and correct; b. The delivery to Escrow Holder of all documents pursuant to Section 5 of this Agreement; C. Escrow Holder's commitment to issue, in favor of City, the Policy with liability equal to the Purchase Price showing City's interest in the Subject Fee Property, subject only to the Permitted Title Exceptions; and d. City's approval prior to the Close of Escrow of any due diligence testing, environmental site assessment, soils or geological reports, or other physical inspections of the Subject Fee Property that City might perform prior to the Close of Escrow. -9- 11086-0204\2570750v 1. doc 14. Certain Definitions. a. The term "Hazardous Materials" 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" will mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the Effective Date 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 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 Effective Date. 15. Evidence in Court Proceeding. The Parties agree that the total Purchase Price of $283,192.00 or any inference of per square foot value of the Subject Fee Property on said Purchase Price will not be admissible as evidence of the fair market value of the Subject Fee Property in any eminent domain or other proceeding or litigation concerning the Subject Fee Property, or any portion thereof. 16. Default. In the event of a breach or default under this Agreement by either City or Seller, the non -defaulting party will have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Subject Fee -10- 11086-0204\2570750vl .doc Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if City is the non -defaulting party, City will thereupon promptly receive a refund of all of the deposits it deposited with Escrow Holder, if any, less City's share of any escrow cancellation charges. Such termination of the escrow by a non -defaulting party will be without prejudice to the non -defaulting parry's rights and remedies at law or equity. 17. Notices. All notices and demands will be given in writing by personal delivery, certified mail, postage prepaid, and return receipt requested, or by Federal Express or other overnight carrier. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with Federal Express or other overnight carrier. A copy of all notices will be sent to Escrow Holder. The Parties will address such notices as provided below or as may be amended by written notice: BUYER: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager COPY TO: Richards, Watson & Gershon 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Attention: Peter M. Thorson, City Attorney SELLER: Hoehn Enterprise 4 Temecula LLC, a California limited liability company Post Office Box 789 Carlsbad, California 92018-0789 Attention: Ted Hoehn ESCROW First American Title Insurance Company HOLDER: One Ridgegate Drive Suite 225 Temecula, California 92590 Telephone No. 951.296.2948 Attention: Debbie Fritz, Escrow Officer Electronic Mail: dfritz@firstam.com 18. Broker Commissions. No brokers represented the Parties in connection with this transaction. Seller will be solely responsible for the payment of any and all broker's commissions or similar compensation due to any broker representing Seller, if any, and Seller will defend, indemnify and hold the City harmless from and against any and all claims for any broker's commissions or similar compensation that may be payable to any broker claiming it represented Seller in connection with this transaction. Each party will defend, indemnify and hold harmless the other party from and against all claims of any agent, broker, finder or other similar party based upon such party's own acts in connection with this transaction. The provisions of this Section 18 will survive the Close of Escrow. -11- 11086-0204\2570750vl .doc 19. Miscellaneous. a. Amendments. Any amendments to this Agreement will be effective only when duly executed by both City and Seller and deposited with Escrow Holder. b. Attorneys' Fees. In any action between Buyer and Seller seeking enforcement of any of the terms and provisions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses. C. Entire Agreement. This Agreement contains all of the agreements of the Parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. d. Counterparts, Facsimile, and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered. e. Time of the Essence. Time is of the essence of this Agreement. f. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California. g. Third Parties. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. h. Additional Documents. Each party hereto agrees to perform any further acts and to execute, acknowledge, and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. i. Authori . of Ci . Manager. The City Manager may give any and all notices, consents, and terminations hereunder on behalf of the City provided they are in writing. The City Manager may execute the Agreement, Certificate of Acceptance, escrow documents, and any such documents or instruments that are necessary to effect the transfer of property interests contemplated herein. -12- 1 1086-0204\2570750vl.doc j. Interpretation and Construction. Each of the Parties has reviewed the Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement and 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. 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. k. 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. 1. 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. in. Exhibits. The Exhibits attached hereto are incorporated in this Agreement by this reference. -13- 1 1086-0204\2570750vl.doc IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth below. Dated: ii �i�-�Za� 1 Dated: -14- 11086-0204\2570750v L doc SELLER Hoehn Enterprise 4 Temecula LLC, a California limited liability company Title: G��••— BUYER City of Temecula, a municipal corporation LON Aaron Adams, City Manager ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: an Peter M. Thorson, City Attorney Exhibit "A" Legal Description of Subject Fee Property (Caltrans Parcel 24717-1) EXHIBIT "A" LEGAL DESCRIPTION That portion of Parcel 1 described in Grant Deed recorded February 25, 2016 in Document No. 2016-0073719 in Official Records of Riverside County, situated in the City of Temecula, State of Califamia, lying southwesterly of the following described LINE "A": BEGINNING said LINE "A" in thefreeway right of way at the northerly terminus of the most easterly line of that certain parcel of land described in deed to State of California recorded March 13, 1972 in Book 1972, Page 32977 in Official Records of Riverside County, said most easterly line described as North 18'42'12" West 346.22 feet in said deed, said right of way and said most easterly line shown on map filed in Book 142 of Records of Survey, pages 89 through 104, in the 0Mce of the County Recorder of said County, thence along said right of way North 28'40'26" West 199.96 feet; thence continuing along said right of way North 37°45'52" West 98.07 feet, thence departing said right of way North 28°40'57" West 245.29 feet, thence North 29°49'42" West 553A7 feet to said freeway right of way and segment of line of Parcel 3 described in grant deed to State of California recorded October 31, 1974 in Book 1974, Page 140387 in said Official Records, said segmentof line described as North 21 °50'26" West 251.79 feet in said grant deed, thence North 21 °50'44' West 54.74 feet along said segment of line as shown on said map to the northerly terminus of said segment cf line and the TERMINUS of said LINE'A"_ Containing 10,114 square feet, more or less. Together with underlying fee interest, if any, contiguous to the above described property in and to the adjoining freeway_ This Conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the STATE any and all abutters rights including access rights, appurtenant to GRANTOR's remaining property, in and to the freeway_ The bearings and distances used in the above description are based on the California Coordinate System ai 1983, Zone 6_ Divide distances shown by 0.99991351 to obtain ground level distances. 08-Riv-15-PM 7.6 Exhibit "A" 112 11086-0204\2570750vl .doc EXHIBIT "A" LEGAL DESCRIPTION This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Professional Land Surveyor Date: September 14, 2021 08-Riv-15-PM 7.6 Exhibit "A" M 11086-0204\2570750vl .doc Exhibit "B" Depiction of Subject Fee Property (Caltrans Parcel 24717-1) r,. {STcTE f'.'r• �.:•I �.HEnI f9 32' 4 .26 40' S W I— I Nfil'14`C2"E 9 400 t Lf£ ,W— I"i42" L7NE) 93.5D' RT 39T+-04.26 "A2" LINE-- 3 23 3. N 26"AO'w 416+24,09 "CH" LINE �ar,9' 2 3 d 9 T 5 B FXIS T J?1W 8 9 d20 i 37�A5'S2" �585.4°13�ti a r H 89S7.d.,, n ^S TrT-r ta, 777 7Trr ESr.75 4 TITT 7 2-05.28 H 29°-09'-02" �' 553.47' a0.p1' k 6t 61 .04Ri ''Cr.-' B1.a6` PROPOSED R^ 68-93` IT "en2" Ri "C62" 419+15.69 �g POP. PAP 7 tiv 1 PORi PAR 7 P� POP. PAR $ -� + 916-Apo-054 ow 916 44o-06, ¢4 1 L£A PAf5-7434 a f fn fn + IUSTR_ 320f5-0542235 w 1ZA P405-7T3f ' `•�' � REC. J2tf 5/7a75 O.R. INSTR, #7015-0542235 n ."� PdR A" RFC. f2/I5!?075 O.A. i1 r, J JYJPP 3 / fa=3t"1v'sq•� �- ;p PAR iR" �p `1 C1 i5a40°3g'53- 1t C1 3 ' �ti f L�L1 PAR 4 & PAR 5, u] POP. PAR T & POP. PAP 8 £LA PA75-J43T { INS M, 420 f ,5-0042t35 i5{ RFC. Y01P51?075 O.R. PAR "0' 4 PAR P sd�s 4 � PAR 2 st=t65s•a4` N�3 33'25. w R�1539.96' L=t c n42�, 1'�11I C YA(FL7 N ,Co �' OCryrIHUNAPI�X'0o0140} � {FOP Fr SASE HAF TITLE I of CEL# rcnE ARE65 fs uare fcct or as notedi r vrvr. T,TSL RE�U[f7EC [UF] ExrEll S ELF11 fEwal.;:EC 2dfi7 �1 F HDEHN ENTERPRISE S TENECULA •• — F H:EH- ENTER"PESE n TE1E{ULA 13S,3SG 10.114 IRS, ME Exhibit `B" ] 1086-0204\2570750vl.doc Exhibit "C" Form of Grant Deed Exhibit "C" 11086-0204\2570750vl .doc RECORDING REQUESTED BY When Recorded Mail To City of Temecula 41000 Main Street Temecula, CA 92590 Attn: City Clerk FREE RECORDING: This instrument is for the benefit of the City of Temecula, and is entitled to be recorded without fee or tax. (Govt. Code 6103, 27383 and Rev. & Tax Code 11922) APN: 916-400-054 GRANT DEED (CORPORATION) Space above this line for Recorder's Use District County Route Postmile Number 08 Riv 15 7.6 Hoehn Enterprise 4 Temecula LLC, a California limited liability company, hereinafter called GRANTOR hereby grants to CITY OF TEMECULA, a municipal corporation hereinafter called GRANTEE, that real property in the City of Temecula, County of Riverside, State of California, described as follows: SEE EXHIBIT "A" ATTACHED 08-Riv-15-PM 7.6 Number Dated this day of 120 Hoehn Enterprise 4 Temecula LLC, a California limited liability company NAME: ITS: An NAME: ITS: 08-Riv-15-PM 7.6 1 W4:1I 311 iY_\Y LEGAL DESCRIPTION That portion of Parcel 1 described in Grant Deed recorded February 25, 2016 in Document No. 2016-0073719 in Official Records of Riverside County, situated in the City of Temecula, State of California, lying southwesterly of the following described LINE "A": BEGINNING said LINE "A" in the freeway right of way at the northerly terminus of the most easterly line of that certain parcel of land described in deed to State of California recorded March 13, 1972 in Book 1972, Page 32977 in Official Records of Riverside County, said most easterly line described as North 18'42'12" West 346.22 feet in said deed, said right of way and said most easterly line shown on map filed in Book 142 of Records of Survey, pages 89 through 104, in the Office of the County Recorder of said County; thence along said right of way North 28°40'26" West 199.96 feet; thence continuing along said right of way North 37°45'52" West 98.07 feet; thence departing said right of way North 28°40'57" West 245.29 feet; thence North 29°49'42" West 553.47 feet to said freeway right of way and segment of line of Parcel 3 described in grant deed to State of California recorded October 31, 1974 in Book 1974, Page 140387 in said Official Records, said segment of line described as North 21 °50'26" West 251.79 feet in said grant deed; thence North 21 °50'44" West 54.74 feet along said segment of line as shown on said map to the northerly terminus of said segment of line and the TERMINUS of said LINE "A". Containing 10,114 square feet, more or less. Together with underlying fee interest, if any, contiguous to the above described property in and to the adjoining freeway. This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the STATE any and all abutter's rights including access rights, appurtenant to GRANTOR's remaining property, in and to the freeway. The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 6. Divide distances shown by 0.99991351 to obtain ground level distances. 08-Riv-15-PM 7.6 1/2 *:/:11 --U iN_W LEGAL DESCRIPTION This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act. Signature: Professional Land Surveyor Date: September 14, 2021 �Q SAND S� A � EXP. 12/31 /21 / . \F OF CAL Fe/ 08-Riv-15-PM 7.6 2/2 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 08-Riv-15-PM 7.6 CITY OF TEMECULA Office of the City Clerk 41000 Main Street Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT DEED (Govt. Code § 27281) (Assessor's Parcel Number 916-400-054) This is to certify that the attached Grant Deed, which conveys in fee to the City of Temecula that certain real property located in the City of Temecula, County of Riverside described more particularly in Exhibit "A" to said Grant Deed, 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: Randi Johl, City Clerk APPROVED AS TO FORM: am Peter M. Thorson, City Attorney CITY OF TEMECULA, a municipal corporation an Aaron Adams, City Manager Alft c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215. Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system. Core Value: Transportation Mobility and Connectivity Project Status: The environmental re-evaluation and design are estimated to be completed in Fiscal Year2021-22. Department: Public Works - Account No. 210.265.999.726 / PW16-01 Level: I Project Cost: Prior Years Actuals 2020-21 Adjusted 2021-22 Adopted Budget 2022-23 Projected 2023-24 2024-25 Projected Projected 2025-26 Projected Total Project Cost Administration 2,552,128 251,670 227,000 227,000 227,000 3,484,799 Construction 88,950,000 88,950,000 Construction Engineering 1,279 10,899,721 10,901,000 Design & Environmental 17,898,086 1,221,217 19,119,303 Land Acquisition 9,393,251 5,826,900 743,100 15,963,251 Utilities 1,993 1,993 Total Expenditures 29,846,738 107,149,508 970,100 227,000 227,000 138,420,346 Source of Funds: CFD 01-02 (Harveston) 1,005,840 1,005,840 DIF-Street Improvements 75,360 75,360 General Fund 4,236,174 4,236,174 INFRA Grant 50,000,000 50,000,000 Measure A 1,627,914 1,627,914 Measure S 454,000 3,837,485 970,100 227,000 227,000 5,715,585 Reimbursements 6,008,000 6,008,000 SAFETEA-LU 1,602,360 1,602,360 STIP-Surface Transportation 47,600,000 47,600,000 Improvement Program TUMF (CETAP/RCTC) 472,841 999,668 1,472,509 TUMF (RCTC) 2,343,000 2,343,000 TUMF (WRCOG) 11,450,112 5,283,492 16,733,604 Total Funding 27,673,241 109,323,005 970,100 227,000 227,000 138,420,346 Future Operating & Maintenance Costs: 71 Alk c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project 2021-22 Prior Years 2020-21 Adopted 2022-23 2023-24 2024-25 2025-26 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Total Operating Costs Notes : 1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds. 2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000). 3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW. 4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase II. 5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase II. 6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase I. 7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match). 72 pF TF.q£C G" French Valley Parkway/I-15 Improvements - Phase 11 Circulation Project Location 0 400 800 Feet Them a p FrenchValleyParkway_Phasell.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update 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 2018 Aerial Data 58 Item No. 19 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 14, 2021 SUBJECT: Approve Purchase and Sale Agreement for the Partial Acquisition on Assessor's Parcel Number 916-400-061 in Connection with I-15/French Valley Parkway Improvements — Phase II, PW16-01 PREPARED BY: Amer Attar, Engineering Manager Kendra Hannah-Meistrell, Senior Civil Engineer RECOMMENDATION: That the City Council take the following actions: 1. Adopt a resolution entitled: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND HOEHN ENTERPRISE 5 TEMECULA LLC IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF APN 916-400-061) 2. Authorize the City Manager to approve and execute all necessary documents, including those in substantially the form attached to the Agenda Report, and take all necessary actions to effectuate the purchase of the approximate 6,428 square foot partial fee acquisition on the real property located on Temecula Center Drive, west of Ynez Road in the City of Temecula (portions of Assessor's Parcel Number 916-400-061). BACKGROUND: The City of Temecula (City), in cooperation with the California Department of Transportation (Caltrans), seeks to construct the I-15/French Valley Parkway Improvements - Phase II (Phase II) to improve traffic congestion and improve operational efficiency within the limits of the I-15/French Valley Parkway Improvements Project. As partof Phase II, the City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-154-215 junction with connectors to I-15 and I-215. The Phase II project requires the acquisition of privately -owned lands to accommodate the proposed public improvements. On May 28, 2019, the City Council adopted Resolution No. 19-30 approving a Cooperative Agreement, Agreement 08-1667, with Caltrans for the design of Phase II. Pursuant to Agreement 08-1667, City is the implementing agency for right of way and is responsible for acquisition of the property interests needed for Phase II. Phase II requires the acquisition of an approximate 6,428 square foot portion of that certain real property located on Temecula Center Drive, west of Ynez Road in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Number 916-400-061 for public use, namely public street and highway purposes, retention wall construction, drainage, public utilities, and all uses necessary or convenient thereto in connection with the City's proposed construction of Phase II. Hoehn Enterprise 5 Temecula LLC is the record owner of said real property. Pursuant to Government Code Section 7267.2, on August 10, 2021, the City Council set just compensation for the approximate 6,428 square foot acquisition ("Subject Fee Property") at the fair market value as determined by the City's independent appraiser based on an October 7, 2020 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the Subject Fee Property. On October 12, 2021, Overland, Pacific & Cutler (OPC), the City's acquisition consultant, extended, on behalf of the City, a written offer to Hoehn Enterprise 5 Temecula LLC to purchase the Subject Fee Property at the fair market value established by the City's independent appraiser. Hoehn Enterprise 5 Temecula LLC, OPC, and City staff negotiated the City's acquisition of the Subject Fee Property and have reached an agreement. The Purchase and Sale Agreement describes the details of the acquisition of the Subject Fee Property. The total purchase price for the Subject Fee Property is the negotiated amount of $179,984, which is within the City Council authorized negotiation amount. The environmental effects of the acquisition of the Subject Fee Property were studied as an integral part of the Mitigated Negative Declaration approved for the I-15/French Valley Parkway Improvements Project. The findings made by the City Council at its meeting on February 23, 2010 in approving the Mitigated Negative Declaration are the appropriate findings for the acquisition of the Subject Fee Property. A re -validation of the Mitigated Negative Declaration was approved on July 9, 2021. In connection with the attached Agreement, City staff reviewed all environmental documents prepared in connection with the Phase II project, including, but not limited to, the re- validation of the Mitigated Negative Declaration, the Mitigated Negative Declaration, the initial environmental study, the mitigation monitoring program and agenda report related to the approval of the Mitigated Negative Declaration. 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 Phase II project and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Fee Property. FISCAL IMPACT: The I-15/French Valley Parkway Improvements — Phase II project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2022-26. The project is funded with Measure S, TUMF (WRCOG), TUMF (CETAP/RCTC), SAFETEA- LU, STIP, and INFRA Grant. The City will pay $179,984 for the City's purchase of the partial fee acquisition plus any escrow -related costs, which are not expected to exceed $10,000. Sufficient funds are available in the Project accounts. ATTACHMENTS: 1. Resolution 2. Purchase and Sale Agreement with Exhibits Exhibit "A" — Legal Description of Subject Fee Property (Caltrans Parcel 24619-1) Exhibit `B" — Depiction of Subject Fee Property (Caltrans Parcel 24619-1) Exhibit "C" — Form of Grant Deed 3. Project Description 4. Project Location RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND HOEHN ENTERPRISE 5 TEMECULA LLC IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF APN 916-400-061) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula (City), in cooperation with the California Department of Transportation (Caltrans), seeks to construct the I-15/French Valley Parkway Improvements - Phase II (Phase II) to improve traffic congestion and improve operational efficiency within the limits of the I-15/French Valley Parkway Improvements Project (Project). City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to I-15 and I-215. B. Phase II is identified in the City's Capital Improvement Program Budget for Fiscal Years 2022-26. C. On May 28, 2019, the City Council adopted Resolution No. 19-30 approving a Cooperative Agreement, Agreement 08-1667, with Caltrans for the design of Phase II. Pursuant to Agreement 08-1667, City is the implementing agency for right of way and is responsible for acquisition of the property interests needed for Phase II. D. Hoehn Enterprise 5 Temecula LLC ("Seller") is the record owner of that certain real property located on Temecula Center Drive, west of Ynez Road in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Number 916-400-061 ("Larger Parcel"). The Larger Parcel is approximately 174,194 square feet (4 acres) in size and is improved with fencing. E. Phase II requires the acquisition of an approximate 6,428 square foot portion of the Larger Parcel ("Subject Fee Property") for public use, namely public street and highway purposes, retention wall construction, drainage, public utilities, and all uses necessary or convenient thereto in connection with the City's proposed construction of Phase II. F. Pursuant to Government Code Section 7267.2, on August 10, 2021, the City Council set just compensation for the Subject Fee Property at the fair market value as determined by the City's independent appraiser based on an October 7, 2020 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the Subject Fee Property. G. On October 12, 2021, Overland, Pacific & Cutler (OPC), the City's acquisition consultant, extended, on behalf of the City, a written offer to Hoehn Enterprise 5 Temecula LLC to purchase the Subject Fee Property at the fair market value established by the City's independent appraiser. H. Hoehn Enterprise 5 Temecula LLC, OPC, and City staff negotiated the City's acquisition of the Subject Fee Property and have reached an agreement. The Purchase and Sale Agreement describes the details of the acquisition of the Subject Fee Property. The total purchase price for the Subject Fee Property is the negotiated amount of $179,984, which is within the authorized negotiation amount. I. At its meeting of February 23, 2010, the City Council approved the Mitigated Negative Declaration for the I-15/French Valley Parkway Improvements Project. The City Council found that based on the record before it (1) the Mitigated Negative Declaration was prepared in compliance with California Environmental Quality Act (CEQA); (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. The City duly filed the Notice of Determination in accordance with CEQA. Section 2. Approval of Purchase and Sale Agreement. The City Council hereby approves the Purchase and Sale Agreement and Joint Escrow Instructions Between City of Temecula and Hoehn Enterprise 5 Temecula LLC in Connection with the I-15/French Valley Parkway Improvements — Phase II (Portions of APN 916-400-061). Section 3. Environmental Analysis. The environmental effects of the acquisition of the Subject Fee Property were studied as an integral part of the Mitigated Negative Declaration approved for the I-15/French Valley Parkway Improvements Project. The findings made by the City Council at its meeting on February 23, 2010 in approving the Mitigated Negative Declaration are the appropriate findings for the acquisition of the Subject Fee Property. A re -validation of the Mitigated Negative Declaration was approved on July 9, 2021. In connection with the attached Agreement, City staff reviewed all of the environmental documentation prepared in connection with the Phase II project, including, but not limited to, the re -validation of the Mitigated Negative Declaration, the Mitigated Negative Declaration, the initial environmental study, the mitigation monitoring program and agenda report relating to the approval of the Mitigated Negative Declaration. 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 Phase II project and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Fee Property. Section 4. City Manager's Authority. The City Manager is authorized to execute the Agreement in substantially the form attached. A copy of the final Agreement shall be placed on N file in the Office of the City Clerk. The City Manager (or the City Manager's designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Agreement, including but not limited to, execution of the Certificate of Acceptance, escrow instructions, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to effectuate the transaction contemplated therein. 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 14th day of December, 2021. Maryann Edwards, 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of December, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND HOEHN ENTERPRISE 5 TEMECULA LLC IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF APN 916-400-061) This Agreement for Purchase and Sale and Joint Escrow Instructions between the City of Temecula and Hoehn Enterprise 5 Temecula LLC in Connection with I- 15/French Valley Parkway Improvements - Phase II (Portions of APN 916-400-061) ("Agreement") is entered into by and between the City of Temecula, a municipal corporation ("Buyer" or "City") and Hoehn Enterprise 5 Temecula LLC, a California limited liability company ("Seller") and constitutes an agreement to purchase and sell certain real property interests between Seller and Buyer and the joint escrow instructions directed to First American Title Company ("Escrow Holder"). Seller and Buyer are referred to below collectively as the "Parties". The Agreement is effective on the date it is fully executed by the Parties ("Effective Date"). RF.f TT AT ,C A. Seller is the record owner of that certain vacant real property located on Temecula Center Drive, west of Ynez Road in the City of Temecula, California, and identified as Riverside County Tax Assessor's Parcel Number 916-400-061 ("Larger Parcel"). The Larger Parcel is approximately 174,194 square feet (4 acres) in size and is improved with fencing. B. City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements - Phase II ("Phase II") to improve traffic congestion and improve operational efficiency within the limits of the I- 15/French Valley Parkway Improvements Project ("Project"). City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I- 15/I-215 junction with connectors to I-15 and 1-215. C. Pursuant to Cooperative Agreement 08-1667 ("Cooperative Agreement"), City is the implementing agency for right of way and is responsible for acquisition of the real property interests needed for Phase II. D. City extended to Seller a written offer dated October 12, 2021 pursuant to Government Code Section 7267.2 to purchase in fee an approximate 6,428 square foot portion of the Larger Parcel ("Subject Fee Property") for public use, namely public street and highway purposes, retention wall construction, drainage, public utilities, and all uses necessary or convenient thereto in connection with the City's proposed construction of Phase IL The approximate 6,428 square foot Subject Fee Property that the City seeks to acquire in fee is identified as Caltrans Parcel No. 24619-1 and described more particularly on Exhibit "A" hereto and roughly depicted on Exhibit `B" hereto, which are incorporated herein by this reference. There are no structures or site improvements in the area of the Subject Fee Property. -1- II086-0204\2573302vl.doc E. The Parties negotiated City's purchase in fee of the Subject Fee Property, and have reached an agreement regarding the terms of City's purchase of the Subject Fee Property, subject to ratification by the City Council. F. The Parties acknowledge that City is authorized to acquire real property by eminent domain for a public use, including public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities, pursuant to the authority conferred upon the City of Temecula by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law). Phase II is a public use for which City has the authority to exercise the power of eminent domain. Pursuant to Section 41 of the Cooperative Agreement, City, as the implementing Agency, is responsible for hearing any resolutions of necessity for Phase II. The City Council of the City of Temecula, as City's governing body, has sole discretion to make the findings required by Code of Civil Procedure Section 1240.030 for the adoption of a resolution of necessity pursuant to the Eminent Domain Law. (Code of Civil Procedure Section 1245.220). If Seller and City had not reached agreement for the City's purchase of the Subject Fee Property, City Staff would have recommended that the City Council consider the adoption of a resolution of necessity authorizing the initiation of eminent domain proceedings to acquire the Subject Fee Property in accordance with the Eminent Domain Law. The City Council, however, has the exclusive discretion to adopt a resolution of necessity. The adoption of any such resolution of necessity would require City's compliance with applicable law, including Government Code Section 7260 et seq. and the Eminent Domain Law. This Agreement is not a commitment or announcement of intent to acquire any other real property interests that City may need for Phase II. Seller is solely responsible for consulting its tax advisors or seeking a letter ruling from the Internal Revenue Service regarding the applicability of 26 U.S.C. Section 1033 to Seller's sale of the Subject Fee Property to City in connection with the Phase II. City makes no express or implied representation regarding the applicability of 26 U.S.C. Section 1033 to this transaction. G. Seller desires to sell to City the Subject Fee Property, and City desires to purchase the Subject Fee Property, subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the above Recitals and for other valuable consideration, the sufficiency of which is hereby acknowledged, City and Seller agree as follows. 1. Purchase and Sale. On the Close of Escrow, as defined in Section 2 below, Seller agrees to sell in fee the Subject Fee Property (Caltrans Parcel No. 24619-1) described in Exhibit "A" and roughly shown on Exhibit `B" to the City and City agrees to purchase the Subject Fee Property in fee from Seller on the terms and conditions set forth in this Agreement. 2. Opening and Close of Escrow. Within five (5) business days after the Effective Date, City will deliver a copy of the fully -executed Agreement to Escrow Holder. Opening of Escrow means the date on which Escrow Holder receives a copy of the fully -executed Agreement. The Parties can execute the Agreement in counterparts as set forth in Section 19.d. below. This Agreement shall serve as the instructions to Escrow Holder for consummation of the transactions contemplated hereby. City and Seller agree to execute such additional and supplementary escrow instructions as may be appropriate to enable Escrow Holder to comply with the terms of this -2- 11086-0204\2573302vl.doc Agreement; provided, however, that in the event of any conflict between the terms and provisions of this Agreement and the terms and provisions of any supplementary escrow instructions, the terms and provisions of this Agreement shall control. For the purposes of this Agreement, "Close of Escrow" shall be the date on which the Grant Deed for the Subject Fee Property in favor of City is recorded in the Official Records of the Riverside County Recorder's Office. Provided all of Seller's and City's obligations to be performed on or before Close of Escrow have been performed and all the conditions to the Close of Escrow set forth in this Agreement have been satisfied, escrow shall close thirty (30) calendar days after the Opening of Escrow ("Closing Date"). All risk of loss or damage with respect to the Subject Fee Property shall pass from Seller to City at the Close of Escrow. Possession of the Subject Fee Property shall be delivered to Buyer upon the Close of Escrow. 3. Purchase Price. The total purchase price that City will pay to Seller for the Subject Fee Property is the sum of $179,984.00 (One Hundred Seventy -Nine Thousand Nine Hundred Eighty -Four Dollars) ("Purchase Price") for the fair market value of the Subject Fee Property. No attempt has been made to assign value to the lesser interest in the Subject Fee Property. Thus, the Purchase Price is the total price for the Subject Fee Property without distinction or separation for various interests that may be held in the Subject Fee Property. Seller is responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist in the Subject Fee Property. 4. Title and Title Insurance. a. Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Subject Fee Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to City and Seller. Escrow Holder will insure City's interest in the Subject Fee Property described in Exhibit "A" and roughly depicted on Exhibit `B" to this Agreement at the Close of Escrow by a CLTA Standard Coverage Policy of Title Insurance (or an ALTA Extended Coverage Form of Title Policy ("Alta Extended Policy") if the City elects such coverage as provided below in Section 4.b.) in the amount of the Purchase Price ("Title Policy"), with liability in the full amount of the Purchase Price, insuring title to the Subject Fee Property as vested in City, free and clear of all monetary liens and encumbrances and other matters affecting title to the Subject Fee Property, except for the permitted title exceptions defined below and any permitted conditions of title that Buyer approves in writing (collectively "Permitted Title Exceptions): i. General and special real property taxes and assessments for the then current tax fiscal year which 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 Larger Parcel; iii. Such other non -monetary exceptions listed in the Preliminary Title Report that City has approved within ten (10) business days after the date the City receives the title commitment and legible copies of instruments noted as exceptions therein. If City conditionally disapproves any exceptions, then Seller will use good faith efforts to seek to cause -3- 11086-0204\2573302vl.doc such exceptions to be removed by the Close of Escrow. In no event will Seller be required to file any legal action to seek to remove any exception conditionally disapproved by the City. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, the City may, at the City's option, either accept the Subject Fee Property subject to such encumbrances or terminate the Escrow. In the event Escrow is terminated, within ten (10) business days of the written notice of termination to Escrow, Escrow will disburse the City any funds deposited into Escrow by City less any escrow cancellation charges. iv. Any exceptions directly or indirectly caused by City or City's agents, employees or contractors. b. The City will have the option of obtaining an ALTA Extended Policy or a CLTA Standard Coverage Policy of Title Insurance. If the City, in its sole discretion, determines to obtain an ALTA Extended Policy, the City will, at its expense, procure an ALTA survey. The City will also pay for the cost of any such ALTA Extended Policy. C. Acts After Date of Agreement. During the period from the date of this Agreement through the Close of Escrow, Seller shall not encumber the Subject Fee Property, record or permit to be recorded any document or instrument relating to the Subject Fee Property, or physically alter the Subject Fee Property or permit or cause to be altered without the prior written consent of Buyer, which consent may be withheld in Buyer's sole and absolute discretion. 5. Escrow. a. Deposit of Funds in Escrow. City covenants and agrees to deposit with Escrow Holder the Purchase Price and any such escrow funds that are required within five (5) 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. b. Deposit of Documents in Escrow by Seller. Seller covenants and agrees to deposit with Escrow Holder the following documents within ten (10) business days of the Opening of Escrow: Grant Deed. The Grant Deed in the form attached as Exhibit "C" hereto ("Grant Deed") duly executed and acknowledged by Seller. Exhibit "C" is attached hereto and incorporated herein by this reference. ii. A California 593 certificate and federal non -foreign affidavit. iii. Any other documents reasonably required by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow. C. Deposit of Documents in Escrow by City. i. Certificate of Acceptance. An executed Certificate of Acceptance in the form attached to the Grant Deed (attached hereto as Exhibit "C"). -4- 11086-0204\2573302vl.doc M. Any other documents reasonably required by Escrow Holder to be deposited by Buyer to carry out this escrow. d. Recordation of Grant Deed; Delivery of Funds and Possession. Upon receipt of the funds and instruments described in Section 5, Escrow Holder shall cause the Grant Deed to be recorded in the Office of the County Recorder of Riverside County, California. Thereafter, Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges as shown on a preliminary Settlement Statement executed by City and Seller) to Seller, and Seller shall deliver possession of the Subject Fee Property to City free and clear of all occupants. e. Prorations. Real property taxes for the Subject Fee Property shall not be prorated, but must be paid by Seller for the current tax period. Seller may apply for a refund of property taxes in the event any property taxes paid are allocable to the period after the Close of Escrow and City shall reasonably cooperate therewith. City, as a municipal corporation acquiring property for Phase II, is exempt from property taxes pursuant to Revenue and Taxation Code Section 11922, and other provisions of law. All property assessments shall be prorated between Buyer and Seller as of the Close of Escrow based on the latest available tax information. All prorations for such assessments shall be determined on the basis of a 365-day year. Escrow Holder is authorized to pay from the Purchase Price any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds recorded against the Subject Fee Property. f. Costs of Escrow. City will pay for the cost of the Title Policy (or ALTA Extended Policy if City elects to obtain such extended coverage). City will also pay for escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone calls, etc. City will pay for recording the Grant Deed, and any documentary or other local transfer taxes, if any, and for any recording costs (if any). City will also pay for the costs of an ALTA survey if it determines to obtain an ALTA Extended Policy. g. Escrow Cancellation Charges. If escrow fails to close through no fault of either party, City will pay all escrow and title cancellation charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges. 6. Conditions to the Close of Escrow. Escrow shall not close unless and until both Parties have deposited with Escrow Holder all sums and documents required to be deposited as provided in Section 5. Additionally, City's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for City's benefit and may be waived only by City: a. Seller shall have performed all obligations to be performed by Seller hereunder. b. Title Company shall have issued or shall have committed to issue the Title Policy to City, for the amount of the Purchase Price, showing fee title to the Subject Fee Property to be vested in City subject only to the Permitted Title Exceptions. Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering -5- 11086-0204\2573302vl.doc the approximate 6,428 square foot Subject Fee Property, so that said Subject Fee Property is free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from Seller regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Subject Fee Property. C. If any of the conditions to Close of Escrow are not timely satisfied for a reason other than a default of City or Seller under this Agreement, and this Agreement is terminated, then upon termination of this Agreement, Escrow Holder will promptly return to City all funds (and all interest accrued thereon, if any) and documents deposited by City in escrow and return to Seller the documents deposited by Seller in escrow that are held by Escrow Holder on the date of the termination (less any escrow cancellation charges). 7. Permission to Enter/Due Diligence Testing. During the period commencing on the Effective Date ("commencement date") and ending at 5:00 p.m. fifteen (15) business days after said commencement date (referred to as the "Due Diligence Period"), City may inspect the Subject Fee Property as necessary for the purpose of making inspections and other examinations of the Subject Fee Property, including, but not limited to, the right to perform soil and geological tests of said Subject Fee Property and an environmental site assessment thereof. City will give Seller written notice twenty-four (24) hours before going on the Subject Fee Property to conduct such due diligence testing. City's physical inspection of the Subject Fee Property shall be conducted during normal business hours. No invasive testing or boring shall be done by City without the prior written notification to Seller and obtaining Seller's written permission of the same, which permission shall not be unreasonably withheld. City does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns free and harmless from and against any and all liability, loss, damages, costs, expenses, demands, causes of action, claims or judgments, arising from or occurring out of any damage to the Subject Fee Property in connection with any accident or other occurrence at the Subject Fee Property in connection with City's due diligence testing and environmental site assessments involving entrance onto the Subject Fee Property pursuant to this Section. If City fails to acquire the Subject Fee Property due to City's default, this license/permission to enter will terminate upon the termination of City's right to purchase said Subject Fee Property. In such event, City will remove or cause to be removed any personal property, facilities, tools, and equipment from the Subject Fee Property left in the area comprising the Subject Fee Property in connection with the due diligence testing and restore said area to as close as possible to the condition of said area prior to City's due diligence testing. 8. Representation and Warranties of Seller. Seller hereby represents and warrants to City the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow: a. That to the best of Seller's knowledge on the Close of Escrow (i) the Subject Fee Property will be free and clear of Hazardous Materials (defined in Section 14.a. below) or toxic substances and waste, including, but not limited to, asbestos; (ii) businesses, if any, on the Subject Fee Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Subject Fee Property or alleged violation of Environmental Laws (defined in Section 14.b. below), health or safety statutes, ordinance, or regulations. -6- 11086-0204\2573302vl.doc b. That Seller is the sole owner of the Subject Fee Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Subject Fee Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller will not further encumber the Subject Fee Property or allow the Subject Fee Property to be further encumbered prior to the Close of Escrow. C. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the Subject Fee Property to City, violates or will violate any contract, agreement, or instrument to which Seller is a party, or which affects the Subject Fee Property, and the Seller's grant to City of the Subject Fee Property pursuant to this Agreement does not require the consent of any party not a signatory hereto. d. Except as disclosed in the title commitment referred to in Section 4.a, there are no claims or liens presently claimed or that will be claimed against the Subject Fee Property by contractors, subcontractors, or suppliers, engineers, architects, surveyors or others that may have lien rights for work performed or commenced prior to the Effective Date. Seller agrees to hold City harmless from all costs, expenses, liabilities, losses, charges, fees, including reasonable attorneys' fees, arising from or relating to any such lien or any similar lien claimed against the Subject Fee Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual rights or options to lease, purchase, or otherwise enjoy possession, rights, or interest of any nature in and to the Subject Fee Property, or any part thereof, and no persons have any right of possession to the Subject Fee Property, or any part thereof. Seller agrees to hold City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorneys' fees, arising from or relating to any claims by any person or entity claiming rights to possession of any portion of the Subject Fee Property. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other parry before any court or administrative tribunal that involves the Subject Fee Property. 9. Representations and Warranties of City. City hereby represents and warrants to Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow: a. City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. City has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein. 10. Total Consideration. City's payment to Seller of the Purchase Price set forth in this Agreement is an all-inclusive settlement and is the full and complete consideration and payment of just compensation for the fair market value of the Subject Fee Property, any improvements located on the Subject Fee Property, severance damages, inverse condemnation, precondemnation damages, attorneys' fees, interest, appraisal costs, loss of rents, lost profits, any -7- 11086-0204\2573302vl.doc other damages of every kind and nature suffered by Seller by reason of City's acquisition of the Subject Fee Property or Phase II for which City is acquiring the Subject Fee Property, and all costs and expenses whatever in connection therewith. 11. Business Goodwill and Relocation Assistance. a. No Loss of Business Goodwill. Seller agrees and acknowledges that Seller will not suffer any loss of business goodwill under Code of Civil Procedure Section 1263.510 as a result of City's acquisition of the Subject Fee Property or the construction of Phase IL The Larger Parcel is a vacant parcel and no business operates on the Larger Parcel. Under Code of Civil Procedure Section 1263.510, the owner of a business conducted on the property taken, or on the remainder if the property is part of a larger parcel, will be compensated for loss of goodwill if the owner proves that (i) the loss is caused by City's acquisition of the property or the injury to the remainder; (ii) the loss cannot reasonably be prevented by a relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill; (iii) compensation for the loss will not be included in payments under Government Code Section 7262; and (iv) compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. b. No Relocation Assistance. The Larger Parcel is approximately 174,194 square feet (4 acres) in size. It is a vacant parcel with fencing. The City's acquisition of the Subject Fee Property will not result in the displacement of any person or business. Accordingly, no relocation assistance and benefits pursuant to applicable federal or state relocation laws or regulations, including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 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.), or the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations) are triggered as a result of the City's acquisition of the Subject Fee Property in connection with Phase II. 12. Releases. a. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller's successors and assigns, fully releases City, its Councilmembers, officers, counsel, employees, representatives 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 City's efforts to acquire the Subject Fee Property, or any preliminary steps thereto. Seller further releases and agrees to hold City harmless from any and all claims and causes of action asserted by any party claiming to have rights to possession of any portion of the Subject Fee Property. b. Seller acknowledges that it may have sustained damage, loss, costs or expenses that are presently unknown and unsuspected, and such damage, loss, costs or expenses that may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller 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 Seller may have under California Civil Code Section 1542 as it relates to the releases set forth in this -8- 11086-0204\2573302vl.doc Section 12, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." Seller's Initials: -., City's Initials: Seller's waiver of rights and release of claims set forth above in Section 12.a. and Section 12.b. will not extend to and is not intended to extend to claims related to or alleged to arise out of negligence on the part of City, its agents or contractors, in connection with the physical construction of Phase II. This Section 12 will survive the Close of Escrow. 13. City's Contingencies. For the benefit of City, the Close of Escrow and City's obligation to consummate the purchase of the Subject Fee Property is contingent upon and subject to the occurrence of all of the following (or City's written waiver thereof, it being agreed that 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 Seller contained in this Agreement are all true and correct; b. The delivery to Escrow Holder of all documents pursuant to Section 5 of this Agreement; C. Escrow Holder's commitment to issue, in favor of City, the Policy with liability equal to the Purchase Price showing City's interest in the Subject Fee Property, subject only to the Permitted Title Exceptions; and d. City's approval prior to the Close of Escrow of any due diligence testing, environmental site assessment, soils or geological reports, or other physical inspections of the Subject Fee Property that City might perform prior to the Close of Escrow. 14. Certain Definitions. a. The term "Hazardous Materials" 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 -9- 11086-0204\2573302v Ldoc 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" will mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the Effective Date 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 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 Effective Date. 15. Evidence in Court Proceeding. The Parties agree that the total Purchase Price of $179,984.00 or any inference of per square foot value of the Subject Fee Property on said Purchase Price will not be admissible as evidence of the fair market value of the Subject Fee Property in any eminent domain or other proceeding or litigation concerning the Subject Fee Property, or any portion thereof. 16. Default. In the event of a breach or default under this Agreement by either City or Seller, the non -defaulting parry will have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Subject Fee Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if City is the non -defaulting party, City will thereupon promptly receive a refund of all of the deposits it deposited with Escrow Holder, if any, less City's share of any escrow cancellation charges. Such termination of the escrow by a non -defaulting party will be without prejudice to the non -defaulting parry's rights and remedies at law or equity. 17. Notices. All notices and demands will be given in writing by personal delivery, certified mail, postage prepaid, and return receipt requested, or by Federal Express or other -10- 11086-0204\2573302vl.doc overnight carrier. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with Federal Express or other overnight carrier. A copy of all notices will be sent to Escrow Holder. The Parties will address such notices as provided below or as may be amended by written notice: BUYER: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager COPY TO: Richards, Watson & Gershon 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Attention: Peter M. Thorson, City Attorney SELLER: Hoehn Enterprise 5 Temecula LLC, a California limited liability company Post Office Box 789 Carlsbad, Calif ni 92i 18-0789 Attention: ft f] ESCROW First American Title Insurance Company HOLDER: One Ridgegate Drive Suite 225 Temecula, California 92590 Telephone No. 951.296.2948 Attention: Debbie Fritz, Escrow Officer Electronic Mail: dfritz@firstam.com 18. Broker Commissions. No brokers represented the Parties in connection with this transaction. Seller will be solely responsible for the payment of any and all broker's commissions or similar compensation due to any broker representing Seller, if any, and Seller will defend, indemnify and hold the City harmless from and against any and all claims for any broker's commissions or similar compensation that may be payable to any broker claiming it represented Seller in connection with this transaction. Each party will defend, indemnify and hold harmless the other party from and against all claims of any agent, broker, finder or other similar party based upon such party's own acts in connection with this transaction. The provisions of this Section 18 will survive the Close of Escrow. 19. Miscellaneous. a. Amendments. Any amendments to this Agreement will be effective only when duly executed by both City and Seller and deposited with Escrow Holder. b. Attorneys' Fees. In any action between Buyer and Seller seeking enforcement of any of the terms and provisions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and -11- 11086-0204\2573302v 1.doe expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses. C. Entire Agreement. This Agreement contains all of the agreements of the Parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. d. Counterparts, Facsimile, and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered. e. Time of the Essence. Time is of the essence of this Agreement. f. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California. g. Third Parties. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. h. Additional Documents. Each party hereto agrees to perform any further acts and to execute, acknowledge, and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. i. Authori . of Ci . Manager. The City Manager may give any and all notices, consents, and terminations hereunder on behalf of the City provided they are in writing. The City Manager may execute the Agreement, Certificate of Acceptance, escrow documents, and any such documents or instruments that are necessary to effect the transfer of property interests contemplated herein. j. Interpretation and Construction. Each of the Parties has reviewed the Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement and 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. 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. -12- 11086-0204\2573302vl.doc k. 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. 1. 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. in. Exhibits. The Exhibits attached hereto are incorporated in this Agreement by this reference. [SIGNATURES ON NEXT PAGE] -13- 11086-0204\2573302vl.doc IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth below. Dated: , 12— %ZO -L Dated: -14- 11086-0204\2573302v1.doc SELLER Hoehn Enterprise 5 Temecula LLC, a California limited liability company By: Title: 4.,-4- BUYER City of Temecula, a municipal corporation Aaron Adams, City Manager ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: go Peter M. Thorson, City Attorney Exhibit "A" Legal Description of Subject Fee Property (Caltrans Parcel 24619-1) EXHIBIT "A" LEGAL DESCRIPTION That portion of Parcel 1 described in Grant Deed recorded February 25, 2016 in Document No. 2016-0073725 in Off cial Records of Riverside County, situated in the City of Temecula, State of California, lying southwesterly of the following described LINE :'AT: BEGINNING said LINE "A" in the freeway rightofway at the northerly terminus of the most easterly line of that certain parcel of land described in deed to State of California recorded March 13, 1972 in Book 1972, Page 32977 in Official Records of Riverside County, said most easterly line described as North 18°42'12" West 346.22 feet in said deed, said right of way and said most easterly line shown on map filed in Book 142 of Records of Survey, pages 89 through 104, in the Off ce of the County Recorder of said County; thence along said right of way North 28°40'26" West 199.96 feet; thence continuing along said right of way North 37°45'52" West 98.07 feet; thence departing said right of way North 28°40'57" West 245.29 feet; thence North 29°49'42" West 553.47 feet to said freeway right of way and segment of line of Parcel 3 described in grant deed to State of California recorded October 31, 1974 in Soak 1974, Page 140387 in said Official Records, said segment of line described as North 21 °50'26" West 251.79 feet in said grant deed; thence North 21 °50'44" West 54.74 feet along said segment of line as shown on said map to the northerly terminus of said segment of line and the TERMINUS of said LINE °A°. Containing 6,428 square feet, more or less. Together with underlying fee interest, if arty, contiguous to the above described property in and to the adjoining freeway_ This conveyance is made far the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the STATE any and all abutters rights including access rights, appurtenant to GRANTOR's remaining property, in and to the freeway_ The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 6_ Divide distances shown by 0.9999135,1 to obtain ground level distances. 08-Riv-15-PM 7.5 Exhibit "A" — Page 1 112 11086-0204\2573302vl.doc � 1:11-t � i11a1Y LEGAL DESCRIPTION This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Professional Land Surveyor Date: September 14. 2021 08-Piv-15-PM 7.5 Exhibit "A" — Page 2 M 11086-0204\2573302vl.doc Exhibit "B" Depiction of Subject Fee Property (Caltrans Parcel 24619-1) 391+-04.26 id Y Co 1�PS 39T+q-0.a$ (STATE Rre MENtl1MEN1 M 28• 44` 5 ri 7455.05' I— I A- H61' 1 9`02"E 5 400 t 3 A 395 6 7 12.00, Lf£ RAC ('142" L7NE) 93.50' RT 39T+-04.25 "A2" LINE-- 3 2� 3. N 26°AO'$7" w 416+20,OB Cat LIME mar 19' I I t 2 3 d -015 B EXIST R" 5 9 A2P 7•A5"52" W 253.t3' n 'H 291S7'4i" If d52T6.2 N21' 3 A5.4R Trrr 71TT 1�r Tr1'r TFrr 7 > rr �rq ? 5 f , 75 1454__ �W� V6 4!5P",n '.+�qr� -'---1,42 eF:a.4l ' � h � � A0.41' 2-05.2 $' H 29°-09'-02" N 5_�.A7' g717-1 y 81 .06` 29 PROPOSED R^ 69-83` FIT "CO2" k B1.06` Ri "C62" g19+15.69 �g POP. PAP 7 ov 1 PORi PAR 7 POR. PAR $ + y1-Aoo-osa o w 918-400-461 ¢ $ 1 LLA PAt5-W4 a f fR rn + ff157R_ JKPOfS-OSi2?35 w LLA P405-7T3f ' � REC. J2t15/7075 O.R. INSTR, #2015-0542235 `•�' ."� �,++I �-y RFC. J2/I5,7075 O.P. '1 J JYJ Jr` 39 PdR A" r, fa=3t"1v'sq•� ,c PAR i7" 3a i5a40° 3g 53 3 Q �ti f L�L1 PAR 4 & PAR 5, u] POP. PAR T & POP. PAP 8 yLLA PA75-Jg34 4 INSFR, 42005-05422135 45{ RFC, YZIP51?075 O.R. PAR "0' --� ? IV] 9 � 239/33-39 PAR P s��s 4 � PAR 2 st=t65d.g5, 1 � P�V1 �NA[��wpu0194i � HbRRcc I',f CEL# I CC RaYivR TOTAL ` RE9UE`REOVV V[UF] EXCESS V [UF]VREMAIFOER 122 +-� F R EHTERPRESE 'S TENECULA t.i'i F H"EHE'TEP'FE'E TEI'E'-.L= I 13F,3r.{. 1i. 1'. 1?':,?3E ]1086-0204\2573302vl.doc Exhibit "C" Form of Grant Deed Exhibit "C" — Page 1 11086-0204\2573302vl.doc RECORDING REQUESTED BY When Recorded Mail To City of Temecula 41000 Main Street Temecula, CA 92590 Attn: City Clerk FREE RECORDING: This instrument is for the benefit of the City of Temecula, and is entitled to be recorded without fee or tax. (Govt. Code 6103, 27383 and Rev. & Tax Code 11922) APN: 916-400-061 GRANT DEED (CORPORATION) Space above this line for Recorder's Use District County Route Postmile Number 08 Riv 15 7.5 Hoehn Enterprise 5 Temecula LLC, a California limited liability company, hereinafter called GRANTOR hereby grants to CITY OF TEMECULA, a municipal corporation hereinafter called GRANTEE, that real property in the City of Temecula, County of Riverside, State of California, described as follows: SEE EXHIBIT "A" ATTACHED 08-Riv-15-PM 7.5 Dated this day of 20 Hoehn Enterprise 5 Temecula LLC, a California limited liability company BY NAME: ITS: BY NAME: ITS: 08-Riv-15-PM 7.5 Number EXHIBIT "A" LEGAL DESCRIPTION That portion of Parcel 1 described in Grant Deed recorded February 25, 2016 in Document No. 2016-0073725 in Official Records of Riverside County, situated in the City of Temecula, State of California, lying southwesterly of the following described LINE "A": BEGINNING said LINE "A" in the freeway right of way at the northerly terminus of the most easterly line of that certain parcel of land described in deed to State of California recorded March 13, 1972 in Book 1972, Page 32977 in Official Records of Riverside County, said most easterly line described as North 18'42'12" West 346.22 feet in said deed, said right of way and said most easterly line shown on map filed in Book 142 of Records of Survey, pages 89 through 104, in the Office of the County Recorder of said County; thence along said right of way North 28°40'26" West 199.96 feet; thence continuing along said right of way North 37°45'52" West 98.07 feet; thence departing said right of way North 28°40'57" West 245.29 feet; thence North 29°49'42" West 553.47 feet to said freeway right of way and segment of line of Parcel 3 described in grant deed to State of California recorded October 31, 1974 in Book 1974, Page 140387 in said Official Records, said segment of line described as North 21 °50'26" West 251.79 feet in said grant deed; thence North 21 °50'44" West 54.74 feet along said segment of line as shown on said map to the northerly terminus of said segment of line and the TERMINUS of said LINE "A". Containing 6,428 square feet, more or less. Together with underlying fee interest, if any, contiguous to the above described property in and to the adjoining freeway. This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the STATE any and all abutter's rights including access rights, appurtenant to GRANTOR's remaining property, in and to the freeway. The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 6. Divide distances shown by 0.99991351 to obtain ground level distances. 08-Riv-15-PM 7.5 1/2 EXHIBIT "A" LEGAL DESCRIPTION This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act. Signature: Professional Land Surveyor S�� SND ASCR -)3 Date: September 14, 2021 EXP. 12/31 /21 OF CAL Ffl��\� 08-Riv-15-PM 7.5 2/2 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 08-Riv-15-PM 7.5 CITY OF TEMECULA Office of the City Clerk 41000 Main Street Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT DEED (Govt. Code § 27281) (Assessor's Parcel Number 916-400-061) This is to certify that the attached Grant Deed, which conveys in fee to the City of Temecula that certain real property located in the City of Temecula, County of Riverside described more particularly in Exhibit "A" to said Grant Deed, 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: Randi Johl, City Clerk APPROVED AS TO FORM: am Peter M. Thorson, City Attorney CITY OF TEMECULA, a municipal corporation an Aaron Adams, City Manager Alft c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215. Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system. Core Value: Transportation Mobility and Connectivity Project Status: The environmental re-evaluation and design are estimated to be completed in Fiscal Year2021-22. Department: Public Works - Account No. 210.265.999.726 / PW16-01 Level: I Project Cost: Prior Years Actuals 2020-21 Adjusted 2021-22 Adopted Budget 2022-23 Projected 2023-24 2024-25 Projected Projected 2025-26 Projected Total Project Cost Administration 2,552,128 251,670 227,000 227,000 227,000 3,484,799 Construction 88,950,000 88,950,000 Construction Engineering 1,279 10,899,721 10,901,000 Design & Environmental 17,898,086 1,221,217 19,119,303 Land Acquisition 9,393,251 5,826,900 743,100 15,963,251 Utilities 1,993 1,993 Total Expenditures 29,846,738 107,149,508 970,100 227,000 227,000 138,420,346 Source of Funds: CFD 01-02 (Harveston) 1,005,840 1,005,840 DIF-Street Improvements 75,360 75,360 General Fund 4,236,174 4,236,174 INFRA Grant 50,000,000 50,000,000 Measure A 1,627,914 1,627,914 Measure S 454,000 3,837,485 970,100 227,000 227,000 5,715,585 Reimbursements 6,008,000 6,008,000 SAFETEA-LU 1,602,360 1,602,360 STIP-Surface Transportation 47,600,000 47,600,000 Improvement Program TUMF (CETAP/RCTC) 472,841 999,668 1,472,509 TUMF (RCTC) 2,343,000 2,343,000 TUMF (WRCOG) 11,450,112 5,283,492 16,733,604 Total Funding 27,673,241 109,323,005 970,100 227,000 227,000 138,420,346 Future Operating & Maintenance Costs: 71 Alk c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project 2021-22 Prior Years 2020-21 Adopted 2022-23 2023-24 2024-25 2025-26 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Total Operating Costs Notes : 1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds. 2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000). 3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW. 4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase II. 5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase II. 6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase I. 7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match). 72 pF TF.q£C G" French Valley Parkway/I-15 Improvements - Phase 11 Circulation Project Location 0 400 800 Feet Them a p FrenchValleyParkway_Phasell.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update 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 2018 Aerial Data 58 Item No. 20 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 23, 2021 CALL TO ORDER at 7:40 PM: President Schwank ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS — None CSD CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Rahn. The vote reflected unanimous approval. 7. Approve Action Minutes of November 9, 2021 Recommendation: That the Board of Directors approve the action minutes of November 9, 2021. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:47 PM, the Community Services District meeting was formally adjourned to Tuesday, December 14, 2021 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. Zak Schwank, President ATTEST: Randi Johl, Secretary [SEAL] Item No. 21 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 14, 2021 SUBJECT: Recommended Adoption of Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes on Assessor's Parcel Number 910-281-001 and Certain Interests in Dominant Estate Interest in APN 910-271-002 in Connection with the I-I5/French Valley Parkway Improvements — Phase II PREPARED BY: Amer Attar, Engineering Manager Kendra Hannah-Meistrell, Senior Civil Engineer Paula Gutierrez Baeza, City Attorney's Office RECOMMENDATION: That the City Council take the following actions: 1. Consider the following Resolution, which is a Resolution of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in connection with the I-15/French Valley Parkway Improvements — Phase II: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN PROPERTY INTERESTS ON APN 910-281-001 AND CERTAIN INTERESTS IN DOMINANT ESTATE INTEREST ON APN 910-271-002) 2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity. 3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2021- , ("Resolution of Necessity"), which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the Subject Property Interests summarized below and described more particularly in the Exhibits to the Resolution of Necessity: (i) BRE 26201 Ynez Owner, LLC, a Delaware limited liability company — Certain Real Property Interests in Connection with APN 910-281-001 and Certain Interests in Dominant Estate Interest in APN 910-271-002 • A fee interest in an approximate 177 square foot portion of APN 910- 281-001 identified as Caltrans Parcel 25216-1, and described more particularly on Exhibit "A-1" to Resolution No. 2021- • A permanent footing easement on an approximate 500 square foot portion of APN 910-281-001 identified as Caltrans Parcel 25216-2, and described more particularly on Exhibit "A-2" to Resolution No. 2021- • An approximate 822 square foot temporary construction easement with a term of twenty-eight (28) months to help facilitate the City's construction of Phase II on the portion of APN 910-281-001 identified as Caltrans Parcel 25216-3, and described more particularly on Exhibit "A-3" to Resolution No. 2021- • Interest of BRE 26201 Ynez Owner, LLC in and to (a) an approximate 10 square foot portion of the footing easement on the access and parking easement (dominant estate) that benefits APN 910-281-001 located on the portion of the adjacent real property identified as APN 910-271-002, which is owned by Ynez Acres II, a California general partnership, included within the legal description of Caltrans Parcel 24616-2 and (b) an approximate 215 square foot portion of the temporary construction easement with a term of twenty-eight (28) months on the access and parking easement (dominant estate) portion of APN 910-271-002 included within the legal description of Caltrans Parcel 24616-3 that the City seeks to acquire on the Ynez Acres II Parcel. Caltrans Parcel 24616-2 is described on Exhibit "A-4" to Resolution No. 2021- . Caltrans Parcel 24616-3 is described on Exhibit "A-5" to Resolution No. 2021- The above real property interests required from the BRE 26201 Ynez Owner, LLC Parcel and the interests of BRE 26201 Ynez Owner, LLC in and to the approximate 10 square foot portion of BRE 26201 Ynez Owner's dominant estate in the footing easement on APN 910-271-002 and the approximate 215 square foot portion of the temporary construction easement required from BRE 26201 Ynez Owner's dominant estate interest in APN 910-271-002 are referred to collectively below as the "Subject Property Interests". 4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney's Office to file and prosecute eminent domain proceedings for the acquisition of the Subject Property Interests by eminent domain. 5. Authorize the City Manager to execute all necessary documents. 6. Authorize the City Clerk to certify the adoption of the Resolution of Necessity. BACKGROUND: Background and Summary The City Council has before it a proposed Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests described above and in the attached Resolution of Necessity in connection with the I-I5/French Valley Parkway Improvements — Phase II ("Phase II"). The City seeks to acquire the Subject Property Interests for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II. The City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements — Phase II ("Phase II") to improve traffic congestion and improve safety and operational efficiency within the limits of the French Valley Parkway Improvements Project ("Project"). The City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, the City proposes to construct a two-lane northbound collector/distributor system along the I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to the I-15 and I-215. These improvements seek to alleviate congestion on the I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Element, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities and improvements to current freeway interchanges within the City to achieve performance standards. Pursuant to Cooperative Agreement 08-1667 between the City and the State of California by and through Caltrans ("Caltrans Cooperative Agreement"), the City is the implementing agency for right of way and is responsible for acquisition of the real property interests needed for Phase Il. Caltrans is the lead agency under the National Environmental Policy Act of 1969 ("NEPA") and the California Environmental Quality Act ("CEQA"). Phase II also requires the cooperation of the City of Murrieta ("Murrieta"). The City and Murrieta entered into that certain Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II, which was executed by the City of Temecula on May 13, 2021 and by the City of Murrieta on July 28, 2021 ("Temecula-Murrieta Cooperative Agreement"). At its meeting of May 11, 2021, the City adopted Resolution No. 2021-26, A Resolution of the City Council of the City of Temecula Approving that Certain Agreement Entitled Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta recognized that Phase II is an interchange of regional significance for Western Riverside County with TUMF funding allocated for a significant portion of it. Phase II received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. The letter to the U.S. Department of Transportation dated February 26, 2019 from the U.S. Department of Defense, United States Marine Corps. Camp Pendleton, summarized the benefits of Phase II on the lives of service members, including a reduction of transit times of military operational units movement on the I-15; reduction of transit times on the federal workforce, and improvement in the quality of life of military service members and their families resulting from the improved circulation. The Temecula-Murrieta Cooperative Agreement notes that the parties previously entered into that certain Reimbursement and Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with Property Acquisition for the French Valley Parkway/Interstate-15 Overcrossing and Interchange Improvements Project (Project Numbers PW02-11 and PW07-04) ("Reimbursement and Cooperative Agreement"). Pursuant to the Reimbursement and Cooperative Agreement, the City and Murrieta acknowledged that the construction of the Project would benefit both communities, and that both communities have a mutual interest in the Project to improve traffic and promote safety for the general public. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta set forth their agreement to cooperate on right-of-way issues in connection with Phase II. They recognized that public agencies may jointly exercise any power common to them pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b). Government Code Section 6502 provides that "[i]f authorized by their legislative or governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties". California Code of Civil Procedure Section 1240.140(b) provides that "[t]wo or more public agencies may enter into an agreement for the joint exercise of their respective powers of eminent domain, whether or not possessed in common, for the acquisition of property as a single parcel." The City and Murrieta also agreed and acknowledged that each City may exercise the power of eminent domain to acquire real property for a public use if each City meets all legal requirements, including the payment of just compensation to the owner or into the court for the benefit of the owner. (California Constitution, art. I, sec. 19). The acquisition of private property for public street/highway purposes, and all uses necessary or convenient thereto in connection with the proposed construction of Phase II is a public use, and is authorized by Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. The City and Murrieta also agreed that a joint approach is beneficial to the timely delivery of Phase II, and agreed to cooperate and coordinate their efforts to the extent practicable in connection with the acquisition of the necessary right of way for Phase II. They further agreed that pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b), the parties may jointly exercise any power common to them. Both Temecula and Murrieta are authorized to acquire real property interests by eminent domain for public street/highway purposes. Temecula is the Implementing Agency for right-of-way acquisition pursuant to the Caltrans Cooperative Agreement. Murrieta consented to the City's acquisition of property interests located within the boundaries of Murrieta, including the City's acquisition by eminent domain, if necessary, of property interests needed for Phase II. Temecula agreed that it would acquire any necessary property interests for Phase II in accordance with Government Code Section 7260 et seq., and the Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq., and other provisions of law. The City and Murrieta further agreed that the acquisition of the necessary real property interests required for Phase II is a matter of urgency of extreme expediency or necessity and manifestly desirable to alleviate congestion and improve traffic circulation in Southwest Riverside County. Pursuant to the Temecula-Murrieta Cooperative agreement, Murrieta also consented to the City's conveyance of any portions of the necessary real property interests required for Phase II to Caltrans in accordance with the terms of the Caltrans Cooperative Agreement. Authorization for Acquisition by Eminent Domain of the Subject Property Interests and Findings Required for Adoption of Resolution of Necessity: The City seeks to acquire the Subject Property Interests described below for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II, pursuant to the authority conferred upon the City to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and by other provisions of law. To adopt the proposed Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests the City Council must find and determine that: A. The public interest and necessity require Phase II; B. Phase II is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interests described in the Resolution of Necessity are necessary for Phase II; and D. The City has made an offer as required by Government Code Section 7267.2 to the owner of record of the Subject Property Interests the City seeks to acquire. The amount of just compensation is not an issue before the City Council at this hearing. The hearing relates to issues A, B, C, and D above. The amount of just compensation would be determined in the eminent domain proceedings that would be filed if the City Council, in its sole discretion, adopts the proposed Resolution of Necessity. Environmental Analysis Initially, the City was the lead agency under CEQA and Caltrans was the lead agency under NEPA for the Project. Together, the City and Caltrans completed an Initial Study [with Mitigated Negative Declaration]/Environmental Assessment with Finding of No Significant Impact (IS/EA), a joint CEQA/NEPA document for the Project. The environmental effects of Project and the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Mitigated Negative Declaration for the Project (MND) adopted by the City on February 23, 2010 pursuant to Resolution No. 10-14, A Resolution of the City of Temecula Adopting a Mitigated Negative Declaration for the French Valley Parkway/Interstate-15 Over - Crossing and Interchange Improvements Project (PW02-11 and PW07-04) and Approving the Project. Caltrans signed and approved the Finding of No Significant Impact (FONSI) on January 29, 2010. In adopting Resolution No. 10-14 approving the MND and the Project, the City Council found that the Project would accomplish the following objectives: (1) reduce current and projected traffic congestion on the ramps and freeway mainline in the project area; (2) improve safety and operations between Winchester Road and the I-15/I-215 junction; (3) provide alternative vehicular access to I-15 that will also provide operational improvements to the I-15/Winchester Road interchange; and (4) provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. In adopting the MND, the City Council found that (1) the MND was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the MND reflects the independent judgment and analysis of the City Council. The City duly filed the Notice of Determination in accordance with applicable law. Pursuant to the Caltrans Cooperative Agreement, Caltrans is the lead agency under both NEPA and CEQA for Phase II. The environmental effects of Phase II and the acquisition of the real property interests needed for Phase II were studied and analyzed as an integral part of the MND for the Project and the Caltrans Re -Validation in connection with Caltrans' further environmental analysis and review of environmental documents. Caltrans completed the NEPA/CEQA Re - Validation on July 9, 2021 [DIST-CO-RTE: 08-RIV-15, 215; Project No. FTIP ID RIV031215 (RTP ID RIV 031215) (SCH 2O09041108)], which is on file with the City Public Works Department and is incorporated in this Agenda Report by this Reference ("Caltrans Re - Validation"). In the Caltrans Re -Validation, Caltrans explained that the scope of Phase II was modified to include the northbound (NB) collector/distributor connectors to the I-15 and I-215, one new bridge, widening of two bridges, ten retaining walls and one sound wall, and some drainage improvements. The change in the scope of Phase II resulted in a decrease in full and partial acquisitions required for Phase II and an increase in the need for temporary construction easements. Caltrans found that the original environmental document needed to be updated and further documentation was prepared in connection with NEPA. Based on the changed conditions and supporting information, Caltrans found that with respect to the CEQA analysis, only minor technical changes or additions to the previous documents are necessary and an addendum was prepared and included with the Re - Validation Form. The Re -Validation Form noted that the Phase II improvements were previously identified and have been approved as part of Phase II of the Project described in the 2010 IS/EA. It also found that Phase II itself would not result in new types of impacts over those identified in the IS/EA for the overall Project. Caltrans determined that due to the smaller scope of Phase II and the refined project engineering information, the magnitude of various impacts is reduced but generally remains the same as those addressed in the IS/EA. Caltrans also found that the acquisition of thirty-four parcels, including the displacement of two nonresidential uses, was anticipated with the overall Project. Of this, two full parcel acquisitions and twelve partial parcel acquisitions were initially anticipated for Phase II (as noted in the 2010 IS/EA). Based on the smaller project scope for Phase II, Caltrans found that Phase II would not result in any full parcel acquisitions, but would require eleven partial acquisitions, three permanent footing easements, and five temporary easements for construction of Phase II. Although there has been a reduction in the number of full and partial acquisitions required, Caltrans noted that Phase II requires the acquisition of property interests from APN 910-020-077 that were not included in the original IS/EA and from APN 910-281-001 based on the revisions to the appraisal map approved on June 3, 2021. Caltrans found that the reduction in proposed acquisitions would not result in new impacts and that no new additional mitigation measures are required. Caltrans noted that the proposed footing easements and use of City property would only affect undeveloped land and would not result in displacement of any persons or businesses. It may, however, require the relocation of two outdoor advertising structures/billboards owned by Lamar Central Outdoor, Inc. ("Lamar") and identified as Sign Number 33321 and Sign Number 33322. In connection with the preparation of this Agenda Report and Resolution of Necessity, City Staff reviewed the MND and FONSI for the Project and the Re -Validation prepared in connection with Phase II, and found that the environmental findings for the Project and Phase II are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests in connection with Phase 1I. City's Actions Pursuant to Government Code Section 7260 et seq. Pursuant to Government Code Section 7260, et seq., the City of Temecula obtained a fair market value appraisal of the Subject Property Interests and a review appraisal in accordance with applicable law. The review appraisal approved the fair market value estimate. The City set just compensation for the Subject Property Interests in accordance with the fair market value. The City retained Overland Pacific & Cutler ("OPC") as its acquisition consultant to assist the City with the proposed acquisition of the Subject Property Interests and with the City's good faith negotiations for the acquisition of the Subject Property Interests. Following is a summary of the actions taken by the City in accordance with Government Code Section 7260, et seq. On October 11, 2021, OPC extended, on behalf of the City, a written offer pursuant to Government Code Section 7267.2 to the owner of record, BRE 26201 Ynez Owner, LLC, via certified mail and regular first-class mail, to purchase the Subject Property Interests. The City's offer letter offered to reimburse the record owner for the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. The City, through City Staff and OPC, negotiated in good faith with the record owner for the purchase of the Subject Property Interests described above and more particularly in Resolution No. 2021- . As of the date of this Agenda Report, the parties have not reached a negotiated agreement for the purchase of the Subject Property Interests. Based on the timing of the Project, and critical funding and right-of-way certification deadlines, it is necessary that the City consider the adoption of a Resolution of Necessity at this time. City's Actions Pursuant to Code of Civil Procedure Section 1245.235 On November 24, 2021, the City sent a letter and a notice by first-class mail in accordance with Code of Civil Procedure Section 1245.235 to BRE 26201 Ynez Owner, LLC informing the owner of the City's intent to consider at its December 14, 2021 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests. The Code of Civil Procedure Section 1245.235 notice advised the record owner of the owner's right to appear and be heard regarding the City's proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owner of the Subject Property Interests that the owner has an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require Phase II; whether Phase II is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire from the owner of record are necessary for Phase II. The letter also advised the record owner that if the owner had concerns regarding design issues relating to Phase II of the Project and acquisition of the Subject Property Interests that have not been addressed during the negotiations, and/or about the above findings relating to the adoption of a Resolution of Necessity, the City will coordinate with Caltrans a joint District Condemnation Evaluation Meeting and Condemnation Panel Review Meeting to address said concerns before the scheduled December 14, 2021 City Council meeting. As of December 1, 2021, the record owner has not requested a joint District Condemnation Evaluation Meeting and Condemnation Panel Review Meeting. REQUIRED FINDINGS FOR ADOPTION OF RESOLUTION OF NECESSITY A. The Public Interest and Necessity Require the Proiect Phase II, as planned and designed, is in the public interest and necessity and is of regional significance. Phase II, will construct a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/I-15 Interchange northerly on -ramps to just north of the I- 15/I-215 junction with connectors to the I-15 and I-215. Phase II received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. Phase II, as planned and designed, will alleviate congestion, and improve safety and traffic circulation by constructing the northbound collector/distributor road improvements. The City and Murrieta have recognized that the construction of the Project would benefit both communities, and that both communities have a mutual interest in the Project to improve traffic and promote safety for the general public. The improvements proposed for Phase II seek to improve traffic congestion on the I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Element, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities. and also includes improvements to current freeway interchanges within the City to achieve performance standards. Phase II, as planned and designed, seeks to minimize the impact on private parcels. Phase II requires the acquisition of property interests, including partial fee acquisitions, permanent footing easements, and temporary construction easements from seven larger parcels. Three parcels are located in Murrieta and four parcels are located in Temecula. Phase II will also impact the outdoor advertising structures/billboards located on portions of two of the three larger parcels located in Murrieta. The City and owners of four of the parcels have reached a tentative agreement regarding the City's proposed purchase of the property interests needed from said parcels. Phase II will not require the relocation of any persons or businesses. Phase II, however, will impact the outdoor advertising structures/billboards located on portions of APNs 910-060-002 & 910-060-004. The City will work with Lamar to attempt to locate a replacement site for Sign Number 33321 and Sign Number 33322, however, that may not be feasible due to Murrieta's sign regulations. To the extent that Phase II will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by Phase II, the City's use of the Subject Property Interests for Phase II is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. B. The Proiect is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Iniury Phase II is planned and located in the manner that is most compatible with the greatest public good and the least private injury. As discussed above, Phase II is of regional significance. It will construct a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/I-15 Interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to the I-15 and I-215. Phase II, as planned and designed, will alleviate congestion, and improve safety and traffic circulation by constructing the northbound collector/distributor road improvements. The improvements proposed for Phase II seek to improve traffic congestion on the I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. As discussed above, Phase II is consistent with the Circulation Element of the General Plan and furthers Goal 2 of the Circulation Element, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities and improvements to current freeway interchanges within the City to achieve performance standards. Phase II is planned and located to minimize the impact on private parcels. The construction of Phase II will not impact any buildings. It will not result in the displacement of any persons or businesses, except for the potential impacts to the Lamar outdoor advertising structures/billboards located on APNs 910-060-002 and 910-060-004 in the City of Murrieta. Although the City will work with Lamar to attempt to locate a replacement site for the impacted billboards, preliminary analysis indicates that relocation of the two impacted outdoor advertising structures/billboards may not be feasible. To the extent that Phase II will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by Phase II, the City's use of the Subject Property Interests for Phase II is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. C. The Subject Property Interests Described in the Resolution of Necessity are Necessary for the Proiect The City cannot construct Phase II, as planned and designed, without the acquisition of the Subject Property Interests described above and more particularly in the Exhibits to the Resolution of Necessity. The Resolution of Necessity with the Exhibits is incorporated herein by this reference. As noted above, to the extent that Phase II will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by Phase II, the City's use of the Subject Property Interests for Phase II is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. D. The City has made an Offer as Required by Government Code Section 7267.2 to the Owner of Record of the Subject Property Interests The City's actions under Government Code Section 7260, et seq. are discussed in detail above. As noted above, the City obtained a fair market value appraisal of the Subject Property Interests, which were approved by a review appraisal. The City also set just compensation for the Subject Property Interests in accordance with the fair market value. On October 11, 2021, OPC extended, on behalf of the City, a written offer pursuant to Government Code Section 7267.2 to BRE 26201 Ynez Owner, LLC, via certified mail and regular first-class mail, for the acquisition of the Subject Property Interests. The City's offer letter for the acquisition of the Subject Property Interests included an informational pamphlet describing the eminent domain process and the record owner's rights under the Eminent Domain Law. The offer package included information regarding the summary of and the basis for the amount established as just compensation, set forth the date of value used by the appraiser, explained the appraiser's opinion of the highest and best use of the Subject Property Interests and Larger Parcel of which they are a part, the zoning, and included a summary of the appraiser's valuation analysis, including severance damages. The offer included the comparable market data relied on by the appraiser, and offered to reimburse the record owner of the Subject Property Interests for the reasonable costs, up to $5,000, of an independent appraisal of said property interests pursuant to Code of Civil Procedure Section 1263.025. City Staff and the City's acquisition consultant, OPC, engaged in good faith negotiations with the owner of the Subject Property Interests. As of the date of this Report, however, the City and owner of the Subject Property Interests have not reached a negotiated agreement. Based on the timing of the Project, and critical funding and right-of-way certification deadlines, it is necessary that the City Council consider the adoption of the Resolution of Necessity at this time. INCORPORATION OF DOCUMENTS The following documents referenced above are on file with the City Clerk's Office and/or the Public Works Department and are incorporated herein by this reference: • Resolution No. 2021- with Exhibits (attached hereto) • City of Temecula General Plan • Offer letter and package to the record owner of the Subject Property Interests • Notice pursuant to Code of Civil Procedure Section 1245.235 to record owner of the Subject Property Interests • Environmental Documents relating to the Project and Caltrans Re -Validation for Phase II • Resolution No. 2021-26, A Resolution of the City Council of the City of Temecula Approving that Certain Agreement Entitled Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II FISCAL IMPACT: The City would plan to deposit the probable amounts of just compensation for the Subject Property Interests in the Condemnation Fund of the State Treasurer's Office to obtain orders for prejudgment possession of the Subject Property Interests. The estimated just compensation for the Subject Property Interests based on the independent appraisal is $33,500 for the Subject Property Interests. The City plans to obtain an updated fair market value estimate prior to the proposed deposit of probable compensation, if necessary and to deposit the fair market value estimated in any such update. The City will also incur additional costs in connection with any filed eminent domain proceedings, including costs for litigation guarantees, new appraisals during the course of the eminent domain proceedings, expert witness costs, and attorney's fees. The I-15/French Valley Parkway Improvements — Phase II project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2022-26. The project is funded with Measure S, TUMF (WRCOG), TUMF (CETAP/RCTC), SAFETEA-LU, STIP, and INFRA Grant. There are sufficient funds in the project account to cover the deposit amount of $33,500 for the probable amounts of just compensation. The additional costs in connection with any filed eminent domain proceedings are not expected to exceed the funds available in the project accounts. ATTACHMENTS: 1. Resolution No. 2021- with Exhibits (attached hereto) 2. Project Description 3. Project Location RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN PROPERTY INTERESTS ON APN 910-281-001 AND CERTAIN INTERESTS IN DOMINANT ESTATE INTEREST ON APN 910-271-002) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements — Phase II ("Phase II") to improve traffic congestion and improve safety and operational efficiency within the limits of the French Valley Parkway Improvements Project ("Project"). The City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, the City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to the I-15 and I-215. These improvements seek to alleviate congestion on I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. Pursuant to Cooperative Agreement 08-1667 between the City and the State of California by and through Caltrans ("Caltrans Cooperative Agreement"), the City is the implementing agency for right of way and is responsible for acquisition of the real property interests needed for Phase II. Caltrans is the lead agency under the National Environmental Policy Act of 1969 ("NEPA") and the California Environmental Quality Act ("CEQA"). C. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Elements, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities and improvements to current freeway interchanges within the City to achieve performance standards. D. Phase II also requires the cooperation of the City of Murrieta ("Murrieta"). The City and Murrieta entered into that certain Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I- 15 Improvements Project — Phase II, which was executed by the City of Temecula on May 13, 2021 and by the City of Murrieta on July 28, 2021 ("Temecula-Murrieta Cooperative Agreement"). At its meeting of May 11, 2021, the City adopted Resolution No. 2021-26, A Resolution of the City Council of the City of Temecula Approving that Certain Agreement Entitled Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta recognized that Phase II is an interchange of regional significance for Western Riverside County with TUMF funding allocated for a significant portion of it. Phase II received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. The letter to the U.S. Department of Transportation dated February 26, 2019 from the U.S. Department of Defense, United States Marine Corps. Camp Pendleton, summarized the benefits of Phase II on the lives of service members, including a reduction of transit times of military operational units movement on the I-15; reduction of transit times on the federal workforce, and improvement in the quality of life of military service members and their families resulting from the improved circulation. E. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta set forth their agreement to cooperate on right-of-way issues in connection with Phase II. They recognized that public agencies may jointly exercise any power common to them pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b). Government Code Section 6502 provides that "[i]f authorized by their legislative or governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties". California Code of Civil Procedure Section 1240.140(b) provides that "[t]wo or more public agencies may enter into an agreement for the joint exercise of their respective powers of eminent domain, whether or not possessed in common, for the acquisition of property as a single parcel." The City and Murrieta also agreed and acknowledged that each City may exercise the power of eminent domain to acquire real property for a public use if each City meets all legal requirements, including the payment of just compensation to the owner or into the court for the benefit of the owner. (California Constitution, art. I, sec. 19). The acquisition of private property for public street/highway purposes, and all uses necessary or convenient thereto in connection with the proposed construction of Phase II is a public use, and is authorized by Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. Further, the City and Murrieta agreed that a joint approach is beneficial to the timely delivery of Phase II, and agreed to cooperate and coordinate 2 their efforts to the extent practicable in connection with the acquisition of the necessary right of way for Phase II. They further agreed that pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b), the parties may jointly exercise any power common to them. Both Temecula and Murrieta are authorized to acquire real property interests by eminent domain for public street/highway purposes. Temecula is the Implementing Agency for right-of- way acquisition pursuant to the Caltrans Cooperative Agreement. Murrieta consented to the City's acquisition of property interests located within the boundaries of Murrieta, including the City's acquisition by eminent domain, if necessary, of property interests needed for Phase II. The City agreed that it would acquire any necessary property interests for Phase II in accordance with Government Code Section 7260, et seq., and the Eminent Domain Law, Code of Civil Procedure Section 1230.010, et seq., and other provisions of law. The City and Murrieta further agreed that the acquisition of the necessary real property interests required for Phase II is a matter of urgency of extreme expediency or necessity and manifestly desirable to alleviate congestion and improve traffic circulation in Southwest Riverside County. Pursuant to the Temecula-Murrieta Cooperative agreement, Murrieta also consented to the City's conveyance of any portions of the necessary real property interests required for Phase II to Caltrans in accordance with the terms of the Caltrans Cooperative Agreement. F. Phase II requires the acquisition of the certain property interests described more particularly below in Section 4 referred to collectively as the "Subject Property Interests". The Subject Property Interests consist of an approximate 177 square foot portion in fee, an approximate 500 square foot permanent footing easement, and an approximate 822 square foot temporary construction easement on the real property located at 26201 Ynez Road, and identified as Riverside County Tax Assessor's Parcel Number 910-281-001, which is owned by BRE 26201 Ynez Owner, LLC. Phase II also requires the acquisition of certain interests of BRE 26201 Ynez Owner, LLC (dominant estate interest) in and to the access and parking easement located on the adjacent parcel identified as APN 910-271-002, which is owned by Ynez Acres II, a California general partnership, including rights in and to an approximate 10 square foot portion of the footing easement on the access and parking easement on APN 910-271-002 that benefits APN 910-281-001 included within the legal description of Caltrans Parcel 24616-2 and an approximate 215 square foot portion of the temporary construction easement with a term of twenty-eight (28) months on the access and parking easement on APN 910-271-002 that benefits APN 910-281-001 included within the legal description of Caltrans Parcel 24616-3. The City seeks to acquire said Subject Property Interests for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II. Section 2. Adoption of Resolution of Necessity. The City Council of the City of Temecula adopts Resolution No. 2021- , A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the I-15/French Valley Parkway Improvements — Phase II (Certain Property Interests on APN 910-281-001 and Certain Interests in Dominant Estate Interest on APN 910-271-002). Section 3. Authorization for Acquisition of Real Property Interests by Eminent Domain. The City seeks to acquire by eminent domain the Subject Property Interests described more particularly below in Section 4 of this Resolution for public use, namely for public street 3 and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 4. Subject Property Interests. The City seeks to acquire the following Subject Property Interests from the real property located at 26201 Ynez Road, in Temecula, California, and identified as Riverside County Tax Assessor's Parcel Number 910-281-001, including certain dominant estate interests of said APN 910-281-001 in and to the access and parking easement on the adjacent parcel identified as APN 910-271-002 (owned by Ynez Acres II, a California general partnership) that benefits said APN 910-281-001: • A fee interest in an approximate 177 square foot portion of APN 910-281-001 identified as Caltrans Parcel 25216-1, and described more particularly on Exhibit "A- I" attached hereto and incorporated herein by this reference. • A permanent footing easement on an approximate 500 square foot portion of APN 910-281-001 identified as Caltrans Parcel 25216-2, and described more particularly on Exhibit "A-2" attached hereto and incorporated herein by this reference. • An approximate 822 square foot temporary construction easement with a term of twenty-eight (28) months to help facilitate the City's construction of Phase II on the portion of APN 910-281-001 identified as Caltrans Parcel 25216-3, and described more particularly on Exhibit "A-3" attached hereto and incorporated herein by this reference. • Interest of BRE 26201 Ynez Owner, LLC in and to (a) an approximate 10 square foot portion of the footing easement on the access and parking easement (dominant estate) that benefits APN 910-281-001 located on the portion of the adjacent real property identified as APN 910-271-002, which is owned by Ynez Acres II, a California general partnership, included within the legal description of Caltrans Parcel 24616-2 and (b) an approximate 215 square foot portion of the temporary construction easement with a term of twenty-eight (28) months on the access and parking easement (dominant estate) that benefits APN 910-281-001 located on the portion of APN 910-271-002 included within the legal description of Caltrans Parcel 24616-3 that the City seeks to acquire on said Ynez Acres II Parcel. Caltrans Parcel 24616-2 is described on Exhibit "A-4" attached hereto and incorporated herein by this reference. Caltrans Parcel 24616-3 is described on Exhibit "A-5" attached hereto and incorporated herein by this reference. Section 5. Environmental Review. The environmental effects of the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and 4 PW07-04) ("Project") and the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Mitigated Negative Declaration for the Project (MND) adopted by the City on February 23, 2010 pursuant to Resolution No. 10-14, A Resolution of the City of Temecula Adopting a Mitigated Negative Declaration for the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and PW07-04) and Approving the Project. At that time, the City was the lead agency under the CEQA for the Project. Caltrans was the lead agency under NEPA for the Project. Together, the City and Caltrans completed an Initial Study [with Mitigated Negative Declaration]/Environmental Assessment with Finding of No Significant Impact (IS/EA), a joint CEQA/NEPA document for the Project. Caltrans signed and approved the Finding of No Significant Impact (FONSI) on January 29, 2010. In adopting Resolution No. 10-14 approving the MND and the Project, the City Council found that the Project would accomplish the following objectives: (1) reduce current and projected traffic congestion on the ramps and freeway mainline in the project area; (2) improve safety and operations between Winchester Road and the I-15/I-215 junction; (3) provide alternative vehicular access to I-15 that will also provide operational improvements to the I- 15/Winchester Road interchange; and (4) provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. In adopting the MND, the City Council found that (1) the MND was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the MND reflects the independent judgment and analysis of the City Council. The City duly filed the Notice of Determination in accordance with applicable law. Pursuant to the Caltrans Cooperative Agreement, Caltrans is the lead agency under both NEPA and CEQA for Phase II. The environmental effects of Phase II and the acquisition of the real property interests needed for Phase II were studied and analyzed as an integral part of the MND for the Project and the Caltrans Re -Validation in connection with Caltrans' further environmental analysis and review of the environmental documents for the Project. Caltrans completed the NEPA/CEQA Re -Validation on July 9, 2021 [DIST-CO-RTE: 08-RIV-15, 215; Project No. FTIP ID RIV031215 (RTP ID RIV 031215) (SCH 2O09041108)], which is on file with the City Public Works Department and is incorporated in this Agenda Report by this Reference ("Caltrans Re -Validation"). In the Caltrans Re -Validation, Caltrans explained that the scope of Phase II was modified to include the northbound (NB) collector/distributor connectors to the I-15 and I-215, one new bridge, widening of two bridges, ten retaining walls and one sound wall, and some drainage improvements. The change in the scope of Phase II resulted in a decrease in full and partial acquisitions required for Phase II and an increase in the need for temporary construction easements. Caltrans found that the original environmental document needed to be updated and further documentation was prepared in connection with NEPA. Based on the changed conditions and supporting information, Caltrans found that with respect to the CEQA analysis, only minor technical changes or additions to the previous documents were necessary and an addendum was prepared and included with the Re -Validation Form. The Re -Validation Form noted that the Phase II improvements were previously identified and were approved as part of Phase II of the Project described in the 2010 IS/EA. It also found that Phase II itself would not result in new 5 types of impacts over those identified in the IS/EA for the overall Project. Caltrans determined that due to the smaller scope of Phase II and the refined project engineering information, the magnitude of various impacts is reduced but generally remains the same as those addressed in the IS/EA. Caltrans also found that the acquisition of 34 parcels, including the displacement of two nonresidential uses, was anticipated with the overall Project. Of this, two full parcel acquisitions and twelve partial parcel acquisitions were initially anticipated for Phase II (as noted in the 2010 IS/EA). Based on the smaller project scope for Phase II, Caltrans found that Phase II would not result in any full parcel acquisitions, but would require eleven partial acquisitions, three permanent footing easements, and five temporary easements for construction of Phase II. Although there has been a reduction in the number of full and partial acquisitions required, Caltrans noted that Phase II requires the acquisition of property interests from APN 910-020-077 that were not included in the original IS/EA and from APN 910-281-001 based on the revisions to the appraisal map approved on June 3, 2021. Caltrans found that the reduction in proposed acquisitions would not result in new impacts and that no new additional mitigation measures are required. Caltrans noted that the proposed footing easements and use of City property would only affect undeveloped land and would not result in displacement of any persons or businesses. Phase II may, however, require the relocation of two outdoor advertising structuresibillboards owned by Lamar Central Outdoor, Inc. ("Lamar") and identified as Sign Number 33321 and Sign Number 33322 located on APNs 910-060-002 and 910-060-004 in the City of Murrieta. In connection with the preparation of this Resolution of Necessity, City Staff reviewed the MND and FONSI for the Project and the Re -Validation prepared in connection with Phase II, and found that the environmental findings for the Project and Phase II are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests in connection with Phase II. Section 6. Phase II, as planned and designed, is in the public interest and necessity and is of regional significance. Phase II, as planned and located, will construct a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/I-15 Interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to the I- 15 and I-215. Phase II received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. Phase II, as planned and designed, will alleviate congestion, and improve safety and traffic circulation by constructing the northbound collector/distributor road improvements. The City and Murrieta have recognized that the construction of the Project would benefit both communities, and that both communities have a mutual interest in the Project to improve traffic and promote safety for the general public. The improvements proposed for Phase II seek to improve traffic congestion on the I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the 1-15, and to improve circulation along these routes. Section 7. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will 6 require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Element, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase 11 helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities, and also includes improvements to current freeway interchanges within the City to achieve performance standards. Section 8. Phase 11 is planned and located in the manner that is most compatible with the greatest public good and the least private injury. Phase II is planned and designed to construct a two-lane northbound collector/distributor (C/D) system along 1-15 from the Winchester Road/I-15 Interchange northerly on -ramps to just north of the I-15/1-215 junction with connectors to 1-15 and 1-215. The construction of these improvements are of regional significance. Phase 11 is planned and located to minimize the impact on private parcels. The construction of Phase II will not impact any buildings. It will not result in the displacement of any persons or businesses, except for the potential impacts to two billboard/outdoor advertising structures located on APNs 910-060-002 and 910-060-004 in the City of Murrieta. Section 9. The public use for which the City seeks to acquire the Subject Property Interests, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by Phase 11, the City's use of the Subject Property Interests for Phase II is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. Section 10. Pursuant to Government Code Section 7260 et seq., the City obtained a fair market value appraisal of the Subject Property Interests and set just compensation for the Subject Property Interests in accordance with the fair market value. On October 11, 2021, the City extended a written offer pursuant to Government Code Section 7267.2 to the owner of record, BRE 26201 Ynez Owner, LLC, via certified mail and regular first-class mail. The City's offer package included an informational pamphlet describing the eminent domain process and the record owner's rights under the Eminent Domain law. In accordance with Government Code Section 7267.2, the City's written offer contained a written statement of and summary of the basis for, the amount it established as just compensation. The offer package set forth the date of value used by the appraiser and explained the appraiser's opinion of the highest and best use of the larger parcel of which the Subject Property Interests are a part. The offer package also explained the applicable zoning of the larger parcel of which the Subject Property Interests are a part. The offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser's opinion of the fair market value. In addition, the written offer explained the appraiser's valuation analysis, including an analysis of severance damages and of the impacts of the Phase II on the subject billboard. It also included the comparable market data relied on by the appraiser. Further, the offer letter offered to pay the reasonable costs of the record owner, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Section 11. The City provided written notice dated November 24, 2021 to the owner of record of the Subject Property Interests, BRE 26201 Ynez Owner, LLC, pursuant to Code of Civil Procedure Section 1245.235 of the City Council's intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property Interests by eminent domain. It also notified the record owner of the opportunity to appear before the City Council and raise questions about whether the public interest and necessity require Phase II; whether Phase II is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire are necessary for Phase II. Section 12. Based on the evidence presented at the hearing regarding the acquisition of the Subject Property Interests impacted by Phase II, including the Agenda Report, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that: A. The public interest and necessity require Phase II; B. Phase II is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interests described more particularly in Section 4 above and on Exhibit "A-1 ", Exhibit "A-2", Exhibit "A-3", Exhibit "A-4", and Exhibit "A-5" hereto are necessary for Phase II; and D. The City has made the offer required by Government Code Section 7267.2 to the owner of record of the Subject Property Interests the City seeks to acquire. Section 13. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report, and all documents referenced therein, all of which are incorporated herein by this reference and testimony and/or comments, if any, submitted to the City by the record owner or the owner's representative(s). These documents include, but are not limited to the City of Temecula General Plan, the offer letter and package sent to the owner pursuant to Government Code Section 7267.2, the notice pursuant to Code of Civil Procedure Section 1245.235, Resolution No. 2021-26, Resolution No. 10-14, and environmental documents relating to the Project and Phase II. Section 14. Authorization to File Eminent Domain Proceeding. The City Attorney's Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the Subject Property Interests in connection with Phase II. The Subject Property Interests are described more particularly on Exhibit "A-1 ", Exhibit "A-2", Exhibit "A-3", Exhibit "A-4", and Exhibit "A-5" hereto. 8 Section 15. City Manager Authority. The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding. Section 16. 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 14t' day of December, 2021. Maryann Edwards, 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of December, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 10 Exhibit "A-1" Legal Description of 177 Square Foot Fee Area (Caltrans Parcel 25216-1, Portions of APN 910-281-001) EXHIBIT "A" LEGAL DESCRIPTION That portion of land described in PARCEL A in Grant Deed recorded September 27, 2018, Document No. 2018-0386765 in Official Records of Riverside County, situated in the City of Temecula, County of Riverside, State of Califomia, lying southwesterly of the following described LINE 'A" - COMMENCING at the northerly most comer of Parcel Map No. 27239 filed in Book 183 of Parcel Maps, pages 79 and 80, in the Crffice of the County Recorder of said County, said comer being the northerly terminus of the southeasterly line of Parcel 17 (recorded thereon as N63'31'46'E 949.87 feet) of Parcel Map No. 36336 filed in Book 239 of Parcel Maps, pages 33 through 39, in said Office of the County Recorder; thence along the northwesterly line of said Parcel Map No. 27239 South 63'31;54" West 934.93 feet to the POINT OF BEGINNING of said LINE "A'; thence departing said northwesterly line South 28°40'57" East 318.23 feet to the southeasterly line of Parcel 3 of said Parcel Map No. 27239; thence along said southeasterly line South 63°31'57" West 23.52 feet to the easterly right of way of the freeway; thence along said right of way South 29°26'03A East 454.52 feet to the southwesterly comerof Parcel 4 of said Parcel Map No. 27239; thence departing said right of way South 30'4746" East 345.54 feet to the POINT OF TERMINUS of said LINE W' in the most northeasterly line of Parcel 1 of grant deed to the State of California recorded October 31, 1974 in Book 1974, Page 140387 in Official Records of Riverside County, said northeasterly line described as North 47'44'45" West 479.92 feet in said deed, said terminus bears North 47°44'29' West 431.95 feet along said northeasterly linefrom the southeasterly angle pointof said northeasterty line as shown on Parcel Map No_ 19677 filed in Back 135 of Parcel Maps, pages 85 and 86, in said Office of the County Retarder_ Containing 177 square feet, more or less. Together with underlying fee interest, if any, contiguous to the above described property in and to the adjoining freeway_ This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the STATE any and all abutter's rights including access rights, appurtenant to GRANTOR's remaining property, in and to the freeway. The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 6. Divide distances shown by 0.99991351 to obtain ground level distances. 08-Riv-1b-PM 6.8 112 EXHIBIT "A" LEGAL DESCRIPTION This real praperty description has been prepared by me, or under rrry direction, in conformance with the Professional (Land Surveyor's Act. Signature: A7, "" , !"`r' . j AND Professional Land Surveyor Date: September 14, 2021 EM 12/31 /21 08-Riv-15-PM 6.8 212 Exhibit "A-2" Legal Description of 500 Square Foot Footing Easement (Caltrans Parcel 25216--2,Portions of APN 910-281-001) EXHIBrr "An LEGAL DESCRIPTION An easement for footing purposes in and to that portion of land described in PARCEL A in Grant Deed recorded September 27, 2018, Document No. 2018-0386765 in Official Records of Riverside County, situated in the City of Temecular County of Riverside, State of California, lying northeasterly of the freeway and southwesterly of the following described LINE'A": COMMENCING at the northerly most comer of Parcel Map No. 27239 filed in Book '183 of Parcel Maps, pages 79 and 80, in the Office of the County Recorder of said County, said oomer being the northerly terminus of the southeasterly line of Parcel 17 (recorded thereon as N63031'46"E 849.87 feet) of Parcel Map No. 36336 filed in Book 239 of Parcel Maps, pages 33 through 39, in said Office of the County Recorder, thence along the northwesterly line of said Parcel Map No. 27239 South 63031'54' West 934.93 feet to the POINT OF BEGINNING of said LINE 'A'-, thence departing said northwesterly line South 28°40'57'° East 318.23 feet to the southeasterly line of Parcel 3 of said Parcel Map No. 27239; thence along said southeasterly line South 63°31 '57" West 23.52 feet to the easterly right of way of the freeway, thence along said right of way South 29°26'03" East 223.13 feet; thence departing said right of way Norlh 62°08'09`East 1 D_00 feet; thenoe South 29"26'D3" East 231.00 feet; thence South 30°4746" East 378.24 feet to the POINT OF TERMINUS of said LINE "A' in the most noriheasterly line of Parcel 1 of grant deed to the State of California recorded October 31, 1974 in Book 1974, Page 1403a7 in Official Records of Riverside County, said northeasterly line described as North 47°44'45" West 479.92 feet in said deed, said terminus bears North 47°44'29" West 397.64 feet along said northeasterly line from the southeasterly angle point of said northeasterly line as shown on Parcel Map No. 19677 filed in Book 135 of Parcel Maps, pages 85 and 86, in said Office of the County Recorder. Containing 500 square feet, more or less. The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 6_ Divide distances shown by 0.99991351 to obtain ground level distances. This real properly description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act- ,—, L AND .a... Signature: Professional Land Surveyor EKP_ 12/81 f21 'r Date: September 14, 2021 08-Riv-15-PM 6.8 ill Exhibit "A-3" Legal Description of 822 Square Foot Temporary Construction Easement (Caltrans Parcel 25216-3, Portions of APN 910-281-001) EXHIBIT "A" LEGAL DESCRIPTION A temporary easelrient for construction purposes in and to that portion of land described in PARCEL A in Grant Deed recorded September 27,2018, Document No. 2D18-0386765 in Official Records of Riverside County, situated in the City of Temecula, County of Riverside, State of California, described as follows: COMMENCING at the southwesterly comer of Parcel of Parcel Map No. 27239fiiled in Book 183 of Parcel Maps, pages 79 and 80, in the Office of the County Recorder of said County; thence along the soullheasterly line of said Parcel 4 North 51'04'12' East, 20.28 feet; thence departing said southeasterly line South 29"26'03" East 3.11 feet; thence South 30"47'46" East, 312.57 feet to the northwesterly line of said PARCEL A and the POINT OF BEGINNING, then continuing South 30'4746" East 96-38 feet to the easterly right of way of the freeway; thence along said right of way North 47°44'29" West 34.31 feet, thence depart!ng said right of way North 30-4746" Vilest 66.11 feet to said northweslerty line of PARCEL A; thence along said northwesterly line North 62°20'56' East 10.02 feet to the POINT OF BEGINNING. Containing 822 square feet, more or less_ The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 6_ Divide distances shown by 0.99991351 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act. Signature Professional Land surveyor Date: September 14, 2021 08-Riv-15-PM 6.8 ill Exhibit "A-4" Legal Description 3,127 Square Foot Footing Easement Caltrans Parcel 24616-2 Dominant estate interest in 10 SF portion of Caltrans Parcel 24616-2 on APN 910-271-002 EXHIBIT "A" LEGAL DESCRIPTION An easement for footing purposes in and to that portion of land described in Grant Deed recorded December 5, 1994 as Instrument No. 455103 in Oiffcial Records of Riverside County, situated in the City of Temecula, County of Riverside, State of California, lying northeasterly of the freeway and southwesterly of the following described LINE "AA: COMMENCING at the northerly most comer of Parcel Map No_ 2YP39 filed in Book 183 of Parcel Maps, pages 79 and 80, in the Office of the County Recorder of said County, said comer being the northerty terminus of the southeasterly line of Parcel 17 (recorded thereon as N63°31'46°E 849.87feet) of Parcel Map No_ 36336 filed in Book 239 of Parcel Maps, pages 33 through 39, in said Office of the County Recorder; thence along the northwesterly line of said Parcel Map No. 27239 South 63°31'S4'West 934.93 feet to the POINT OF BEGINNING of said LINE'AA-, thence departing said northwesterly line South 28°40'5T' East 310.23 fleet to the southeasterly line of Parcel 3 of said Parcel Map No_ 27239, #hence along said southeasterly line South 63°31'57A West 23.52 feet to the easterly right of way of the freeway; thence along said right of way South 29"26'03F East 223.13 feet; thence departing said right of way North 62"08'09'East 10.00 feet; thence South 29°26'03" East 231.00 feet thence South 30"47'46" East 376.24 feet to the POINT OF TERMINUS of said LINE "AA in the most northeasterly line of Parcel 1 of grant deed to the State of California recorded October 31, 1974 in Book 1974, Page 140387 in Official Records of Riverside County, said northeasterly line described as North 47'44'45' West 479.92 feet in said deed, said terminus bears North 4744'29A West 397.64 feet along said northeasterly line from the southeasterly angle point of said northeasterly line as shown an Parcel Map No. 19677 filed in Book 135 of Parcel Maps, pages 85 and 66, in said Office of the County Recorder_ Containing 3,127 square feet, more or less. The bearings and distances used in the above description are based on the Galifornia Coordinate System of 1963, Zone 6. Divide distances shown by 0.99991351 to obtain ground level distances_ This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act - Signature: } rIW,,,(,4 - Professional Land Surveyor Date: September 14, 2021 08-Riv-15-PM 6.8 111 Exhibit "A-5" Legal Description 3,147 Square Foot Temporary Construction Easement Caltrans Parcel 24616-3 Dominant estate interest in 215 SF portion of Caltrans Parcel 24616-3 on APN 910-271-002 EXHIBIT " ► ' LEGAL DESCRIPTION A temporary easement for construction purposes in and to that portion of land described in Grant Deed recorded December 5, 1994 as Instrument No. 455103 in Official Records of Riverside County, situated in the City of Temecula, County of Riverside, State of California, described as follows: COMMENCING at the southwesterly corner of Parcel 4 of Parcel Map No. 27239 filed in Books 163 of Parcel Maps, pages 79 and 80, in the mice of the County Recorder of said Cou* thence along the southeasterly line of said Parcel 4 North 51'04'12' East, 10.14 feet to the POINT OF BEGINNING, thence continuing along said sautheastery line North 51"04'12A East, 10.14 feet; thence departing said southeasterly line South 29'26'03' East 3.11 feet; thence South 30-47'46" East, 312.57 feet to the southeasterly line of land per said Grant Deed; thence along the southeasterly line of said land South 62°20'56A West, 10.02 feet; thence departing said southeasterly line North 30"47'46" West, 312.13 feet; thence North 29°26'03' West 1.55' to the POINT OF BEGINNING_ Containing 3,147 square feet, more or less. The bearings and distances used in the above description are based an the California Coordinate System of 1983, Zone 6_ Divide distances shown by 0.99991351 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act. Signature: Professional Land Surveyor Date: September 14, 2021 (18-Riv-15-PM 6.8 ill Alft c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215. Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system. Core Value: Transportation Mobility and Connectivity Project Status: The environmental re-evaluation and design are estimated to be completed in Fiscal Year2021-22. Department: Public Works - Account No. 210.265.999.726 / PW16-01 Level: I Project Cost: Prior Years Actuals 2020-21 Adjusted 2021-22 Adopted Budget 2022-23 Projected 2023-24 2024-25 Projected Projected 2025-26 Projected Total Project Cost Administration 2,552,128 251,670 227,000 227,000 227,000 3,484,799 Construction 88,950,000 88,950,000 Construction Engineering 1,279 10,899,721 10,901,000 Design & Environmental 17,898,086 1,221,217 19,119,303 Land Acquisition 9,393,251 5,826,900 743,100 15,963,251 Utilities 1,993 1,993 Total Expenditures 29,846,738 107,149,508 970,100 227,000 227,000 138,420,346 Source of Funds: CFD 01-02 (Harveston) 1,005,840 1,005,840 DIF-Street Improvements 75,360 75,360 General Fund 4,236,174 4,236,174 INFRA Grant 50,000,000 50,000,000 Measure A 1,627,914 1,627,914 Measure S 454,000 3,837,485 970,100 227,000 227,000 5,715,585 Reimbursements 6,008,000 6,008,000 SAFETEA-LU 1,602,360 1,602,360 STIP-Surface Transportation 47,600,000 47,600,000 Improvement Program TUMF (CETAP/RCTC) 472,841 999,668 1,472,509 TUMF (RCTC) 2,343,000 2,343,000 TUMF (WRCOG) 11,450,112 5,283,492 16,733,604 Total Funding 27,673,241 109,323,005 970,100 227,000 227,000 138,420,346 Future Operating & Maintenance Costs: 71 Alk c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project 2021-22 Prior Years 2020-21 Adopted 2022-23 2023-24 2024-25 2025-26 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Total Operating Costs Notes : 1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds. 2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000). 3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW. 4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase II. 5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase II. 6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase I. 7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match). 72 pF TF.q£C G" French Valley Parkway/I-15 Improvements - Phase 11 Circulation Project Location 0 400 800 Feet Them a p FrenchValleyParkway_Phasell.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update 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 2018 Aerial Data 58 French Valley Parkway/1-15 Improvements — Phase II BRIE 26201 Ynez Owner, LLC Parcel INTERSTATE 1b Item No. 22 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 14, 2021 SUBJECT: Recommended Adoption of Resolution of Necessity for the Acquisition by Eminent Domain of Interests in Billboards Identified as Sign Number 33321 and Sign Number 33322 Located on Portions of the Real Properties Identified as Assessor's Parcel Numbers 910-060-002 and 910-060-004 for Public Purposes in Connection with the I-I5/French Valley Parkway Improvements — Phase II, PW16-01 PREPARED BY: Amer Attar, Engineering Manager Kendra Hannah-Meistrell, Senior Civil Engineer Paula Gutierrez Baeza, City Attorney's Office RECOMMENDATION: That the City Council take the following actions: 1. Consider the following Resolution, which is a Resolution of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in connection with the I-15/French Valley Parkway Improvements — Phase II, PW 16-01: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN REAL PROPERTY INTERESTS IN CONNECTION WITH OUTDOOR ADVERTISING STRUCTURESBILLBOARDS IDENTIFIED AS SIGN NUMBER 33321 AND SIGN NUMBER 33322, LOCATED ON PORTIONS OF THE REAL PROPERTIES IDENTIFIED AS APNS 910-060-002 & 910-060-004) 2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity. 3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2021- , ("Resolution of Necessity"), which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the Subject Property Interests summarized below and described more particularly in the Exhibits to the Resolution of Necessity: (i) Lamar Central Outdoor. Inc. — Interests in Outdoor Advertising StructuresBillboards Identified as Sign Number 33321 and Sign Number 33322 located on portions of the real properties identified as Riverside County Tax Assessor's Parcel Numbers 910-060-002 and 910-060-004 • Certain real property interests of Lamar Central Outdoor, Inc. ("Lamar") consisting of the interests of Lamar in and to the outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number 33322, leasehold interests in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with the use of the portions of APNs 910-060-002 and 910- 060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor advertising structures/billboards located on portions of the real properties identified as APNs 910-060-002 and 910-060-004 depicted on the Exhibits to Resolution No. 2021- The above interests of Lamar in and to Sign Number 33321 and Sign Number 33322, interests of Lamar in and to said structures, and leasehold interests in connection with said structures, any easement interests in connection with Sign Number 33321 and Sign Number 33322 and use of portions of APNs 910-060-002 and 910-060-004 in connection with Sign Number 33321 and Sign Number 33322 are referred to below as the "Subject Property Interests". 4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney's Office to file and prosecute eminent domain proceedings for the acquisition of the Subject Property Interests by eminent domain. 5. Authorize the City Manager to execute all necessary documents. 6. Authorize the City Clerk to certify the adoption of the Resolution of Necessity. BACKGROUND: Background and Summary The City Council has before it a proposed Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests described above and in the attached Resolution of Necessity in connection with the I-I5/French Valley Parkway Improvements — Phase II ("Phase IF'). The City seeks to acquire the Subject Property Interests for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II. The City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements — Phase II ("Phase II") to improve traffic congestion and improve safety and operational efficiency within the limits of the French Valley Parkway Improvements Project ("Project"). The City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, the City proposes to construct a two-lane northbound collector/distributor system along the I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-151-215 junction with connectors to the I-15 and I-215. These improvements seek to alleviate congestion on the I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Element, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities and improvements to current freeway interchanges within the City to achieve performance standards. Pursuant to Cooperative Agreement 08-1667 between the City and the State of California by and through Caltrans ("Caltrans Cooperative Agreement"), the City is the implementing agency for right of way and is responsible for acquisition of the real property interests needed for Phase II. Caltrans is the lead agency under the National Environmental Policy Act of 1969 ("NEPA") and the California Environmental Quality Act ("CEQA"). Phase II also requires the cooperation of the City of Murrieta ("Murrieta"). The City and Murrieta entered into that certain Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II, which was executed by the City of Temecula on May 13, 2021 and by the City of Murrieta on July 28, 2021 ("Temecula-Murrieta Cooperative Agreement"). At its meeting of May 11, 2021, the City adopted Resolution No. 2021-26, A Resolution of the City Council of the City of Temecula Approving that Certain Agreement Entitled Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta recognized that Phase II is an interchange of regional significance for Western Riverside County with TUMF funding allocated for a significant portion of it. Phase II received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. The letter to the U.S. Department of Transportation dated February 26, 2019 from the U.S. Department of Defense, United States Marine Corps. Camp Pendleton, summarized the benefits of Phase II on the lives of service members, including a reduction of transit times of military operational units movement on the I-15; reduction of transit times on the federal workforce, and improvement in the quality of life of military service members and their families resulting from the improved circulation. The Temecula-Murrieta Cooperative Agreement notes that the parties previously entered into that certain Reimbursement and Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with Property Acquisition for the French Valley Parkway/Interstate-15 Overcrossing and Interchange Improvements Project (Project Numbers PW02-11 and PW07-04) ("Reimbursement and Cooperative Agreement"). Pursuant to the Reimbursement and Cooperative Agreement, the City and Murrieta acknowledged that the construction of the Project would benefit both communities, and that both communities have a mutual interest in the Project to improve traffic and promote safety for the general public. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta set forth their agreement to cooperate on right-of-way issues in connection with Phase II. They recognized that public agencies may jointly exercise any power common to them pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b). Government Code Section 6502 provides that "[i]f authorized by their legislative or governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties". California Code of Civil Procedure Section 1240.140(b) provides that "[t]wo or more public agencies may enter into an agreement for the joint exercise of their respective powers of eminent domain, whether or not possessed in common, for the acquisition of property as a single parcel." The City and Murrieta also agreed and acknowledged that each City may exercise the power of eminent domain to acquire real property for a public use if each City meets all legal requirements, including the payment of just compensation to the owner or into the court for the benefit of the owner. (California Constitution, art. I, sec. 19). The acquisition of private property for public street/highway purposes, and all uses necessary or convenient thereto in connection with the proposed construction of Phase II is a public use, and is authorized by Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. The City and Murrieta also agreed that a joint approach is beneficial to the timely delivery of Phase II, and agreed to cooperate and coordinate their efforts to the extent practicable in connection with the acquisition of the necessary right of way for Phase II. They further agreed that pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b), the parties may jointly exercise any power common to them. Both Temecula and Murrieta are authorized to acquire real property interests by eminent domain for public street/highway purposes. Temecula is the Implementing Agency for right-of-way acquisition pursuant to the Caltrans Cooperative Agreement. Murrieta consented to the City's acquisition of property interests located within the boundaries of Murrieta, including the City's acquisition by eminent domain, if necessary, of property interests needed for Phase II. Temecula agreed that it would acquire any necessary property interests for Phase II in accordance with Government Code Section 7260 et seq., and the Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq., and other provisions of law. The City and Murrieta further agreed that the acquisition of the necessary real property interests required for Phase II is a matter of urgency of extreme expediency or necessity and manifestly desirable to alleviate congestion and improve traffic circulation in Southwest Riverside County. Pursuant to the Temecula-Murrieta Cooperative agreement, Murrieta also consented to the City's conveyance of any portions of the necessary real property interests required for Phase II to Caltrans in accordance with the terms of the Caltrans Cooperative Agreement. Authorization for Acquisition by Eminent Domain of the Subiect Property Interests and Findings Required for Adoption of Resolution of Necessity: The City seeks to acquire the Subject Property Interests described below for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II, pursuant to the authority conferred upon the City to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and by other provisions of law. To adopt the proposed Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests the City Council must find and determine that: A. The public interest and necessity require Phase II; B. Phase II is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interests described in the Resolution of Necessity are necessary for Phase II; and D. The City has made an offer as required by Government Code Section 7267.2 to the owner of record of the Subject Property Interests the City seeks to acquire. The amount of just compensation is not an issue before the City Council at this hearing. The hearing relates to issues A, B, C, and D above. The amount of just compensation would be determined in the eminent domain proceedings that would be filed if the City Council, in its sole discretion, adopts the proposed Resolution of Necessity. Environmental Analysis Initially, the City was the lead agency under CEQA and Caltrans was the lead agency under NEPA for the Project. Together, the City and Caltrans completed an Initial Study [with Mitigated Negative Declaration]/Environmental Assessment with Finding of No Significant Impact (IS/EA), a joint CEQA/NEPA document for the Project. The environmental effects of Project and the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Mitigated Negative Declaration for the Project (MND) adopted by the City on February 23, 2010 pursuant to Resolution No. 10-14, A Resolution of the City of Temecula Adopting a Mitigated Negative Declaration for the French Valley Parkway/Interstate-15 Over - Crossing and Interchange Improvements Project (PW02-11 and PW07-04) and Approving the Project. Caltrans signed and approved the Finding of No Significant Impact (FONSI) on January 29, 2010. In adopting Resolution No. 10-14 approving the MND and the Project, the City Council found that the Project would accomplish the following objectives: (1) reduce current and projected traffic congestion on the ramps and freeway mainline in the project area; (2) improve safety and operations between Winchester Road and the I-15/I-215 junction; (3) provide alternative vehicular access to I-15 that will also provide operational improvements to the I-15/Winchester Road interchange; and (4) provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. In adopting the MND, the City Council found that (1) the MND was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the MND reflects the independent judgment and analysis of the City Council. The City duly filed the Notice of Determination in accordance with applicable law. Pursuant to the Caltrans Cooperative Agreement, Caltrans is the lead agency under both NEPA and CEQA for Phase II. The environmental effects of Phase II and the acquisition of the real property interests needed for Phase II were studied and analyzed as an integral part of the MND for the Project and the Caltrans Re -Validation in connection with Caltrans' further environmental analysis and review of environmental documents. Caltrans completed the NEPA/CEQA Re - Validation on July 9, 2021 [DIST-CO-RTE: 08-RIV-15, 215; Project No. FTIP ID RIV031215 (RTP ID RIV 031215) (SCH 2O09041108)], which is on file with the City Public Works Department and is incorporated in this Agenda Report by this Reference ("Caltrans Re - Validation"). In the Caltrans Re -Validation, Caltrans explained that the scope of Phase II was modified to include the northbound (NB) collector/distributor connectors to the I-15 and I-215, one new bridge, widening of two bridges, ten retaining walls and one sound wall, and some drainage improvements. The change in the scope of Phase II resulted in a decrease in full and partial acquisitions required for Phase II and an increase in the need for temporary construction easements. Caltrans found that the original environmental document needed to be updated and further documentation was prepared in connection with NEPA. Based on the changed conditions and supporting information, Caltrans found that with respect to the CEQA analysis, only minor technical changes or additions to the previous documents are necessary and an addendum was prepared and included with the Re - Validation Form. The Re -Validation Form noted that the Phase II improvements were previously identified and have been approved as part of Phase II of the Project described in the 2010 IS/EA. It also found that Phase II itself would not result in new types of impacts over those identified in the IS/EA for the overall Project. Caltrans determined that due to the smaller scope of Phase II and the refined project engineering information, the magnitude of various impacts is reduced but generally remains the same as those addressed in the IS/EA. Caltrans also found that the acquisition of thirty-four parcels, including the displacement of two nonresidential uses, was anticipated with the overall Project. Of this, two full parcel acquisitions and twelve partial parcel acquisitions were initially anticipated for Phase II (as noted in the 2010 IS/EA). Based on the smaller project scope for Phase II, Caltrans found that Phase II would not result in any full parcel acquisitions, but would require eleven partial acquisitions, three permanent footing easements, and five temporary easements for construction of Phase II. Although there has been a reduction in the number of full and partial acquisitions required, Caltrans noted that Phase II requires the acquisition of property interests from APN 910-020-077 that were not included in the original IS/EA and from APN 910-281-001 based on the revisions to the appraisal map approved on June 3, 2021. Caltrans found that the reduction in proposed acquisitions would not result in new impacts and that no new additional mitigation measures are required. Caltrans noted that the proposed footing easements and use of City property would only affect undeveloped land and would not result in displacement of any persons or businesses. It may, however, require the relocation of two outdoor advertising structures/billboards owned by Lamar Central Outdoor, Inc. ("Lamar") and identified as Sign Number 33321 and Sign Number 33322. In connection with the preparation of this Agenda Report and Resolution of Necessity, City Staff reviewed the MND and FONSI for the Project and the Re -Validation prepared in connection with Phase II, and found that the environmental findings for the Project and Phase II are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests in connection with Phase II. City's Actions Pursuant to Government Code Section 7260 et seg. Pursuant to Government Code Section 7260, et seq., the City of Temecula obtained a fair market value appraisal of the Subject Property Interests. The City set just compensation for the Subject Property Interests in accordance with the fair market value. The City retained Overland Pacific & Cutler ("OPC") as its acquisition consultant to assist the City with the proposed acquisition of the Subject Property Interests and with the City's good faith negotiations for the acquisition of the Subject Property Interests. Following is a summary of the actions taken by the City in accordance with Government Code Section 7260, et seq. On October 22, 2021, OPC extended, on behalf of the City, a written offer pursuant to Government Code Section 7267.2 to Lamar Central Outdoor, Inc., the owner of record of Sign Number 33321 and Sign Number 33322 to purchase the Subject Property Interests described above, via certified mail and regular first-class mail. The City's offer letter offered to reimburse the record owner for the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. The City's offer for the Subject Property Interests included compensation for improvements pertaining to the realty (the billboard structures) and impact to the Subject Property Interests, including business goodwill. The City, through City Staff and OPC, negotiated in good faith with Lamar Central Outdoor, Inc. for the purchase of the Subject Property Interests described above and more particularly in Resolution No. 2021- . As of the date of this Agenda Report, the parties have not reached a negotiated agreement for the purchase of the Subject Property Interests. Based on the timing of the Project, and critical funding and right-of-way certification deadlines, it is necessary for the City to consider the adoption of a Resolution of Necessity at this time. City's Actions Pursuant to Code of Civil Procedure Section 1245.235 On November 24, 2021, the City sent a letter and a notice by first-class mail in accordance with Code of Civil Procedure Section 1245.235 to Lamar Central Outdoor, Inc. informing the owner of the City's intent to consider at its December 14, 2021 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests. The Code of Civil Procedure Section 1245.235 notice advised the record owner of the owner's right to appear and be heard regarding the City's proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owner of the Subject Property Interests that the owner has an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require Phase II; whether Phase II is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire from the owner of record are necessary for Phase II. The letter also advised the record owner that if the owner had concerns regarding design issues relating to Phase II of the Project and acquisition of the Subject Property Interests that have not been addressed during the negotiations, and/or about the above findings relating to the adoption of a Resolution of Necessity, the City will coordinate with Caltrans a joint District Condemnation Evaluation Meeting and Condemnation Panel Review Meeting to address said concerns before the scheduled December 14, 2021 City Council meeting. As of December 1, 2021, the record owner has not requested a joint District Condemnation Evaluation Meeting and Condemnation Panel Review Meeting. REQUIRED FINDINGS FOR ADOPTION OF RESOLUTION OF NECESSITY A. The Public Interest and Necessity Require the Project Phase II, as planned and designed, is in the public interest and necessity and is of regional significance. Phase II, will construct a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/I-15 Interchange northerly on -ramps to just north of the I- 15/I-215 junction with connectors to the I-15 and I-215. Phase II received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. Phase II, as planned and designed, will alleviate congestion, and improve safety and traffic circulation by constructing the northbound collector/distributor road improvements. The City and Murrieta have recognized that the construction of the Project would benefit both communities, and that both communities have a mutual interest in the Project to improve traffic and promote safety for the general public. The improvements proposed for Phase II seek to improve traffic congestion on the I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Element, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities. and also includes improvements to current freeway interchanges within the City to achieve performance standards. Phase II, as planned and designed, seeks to minimize the impact on private parcels. Phase II requires the acquisition of property interests, including partial fee acquisitions, permanent footing easements, and temporary construction easements from seven larger parcels. Three parcels are located in Murrieta and four parcels are located in Temecula. Phase II will also impact the Subject Property Interests located on portions of two of the three larger parcels located in Murrieta. The City and owners of four of the parcels have reached a tentative agreement regarding the City's proposed purchase of the property interests needed from said parcels. Phase II will not require the relocation of any persons or businesses. Phase II, however, will impact the Subject Property Interests located on portions of APNs 910-060-002 & 910-060-004. The City will work with Lamar to attempt to locate a replacement site for Sign Number 33321 and Sign Number 33322, however, that may not be feasible due to Murrieta's sign regulations. To the extent that Phase II will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by Phase II, the City's use of the Subject Property Interests for Phase II is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. B. The Proiect is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Iniury Phase II is planned and located in the manner that is most compatible with the greatest public good and the least private injury. As discussed above, Phase II is of regional significance. It will construct a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/I-15 Interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to the I-15 and I-215. Phase II, as planned and designed, will alleviate congestion, and improve safety and traffic circulation by constructing the northbound collector/distributor road improvements. The improvements proposed for Phase II seek to improve traffic congestion on the I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. As discussed above, Phase II is consistent with the Circulation Element of the General Plan and furthers Goal 2 of the Circulation Element, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities and improvements to current freeway interchanges within the City to achieve performance standards. Phase II is planned and located to minimize the impact on private parcels. The construction of Phase II will not impact any buildings. It will not result in the displacement of any persons or businesses, except for the potential impacts to the Subject Property Interests located on APNs 910- 060-002 and 910-060-004 in the City of Murrieta. Although the City will work with Lamar to attempt to locate a replacement site for the impacted billboards, preliminary analysis indicates that relocation of the two impacted outdoor advertising structures/billboards may not be feasible. To the extent that Phase II will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by Phase II, the City's use of the Subject Property Interests for Phase II is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. C. The Subject Property Interests Described in the Resolution of Necessity are Necessary for the Proiect The City cannot construct Phase II, as planned and designed, without the acquisition of the Subject Property Interests described above and more particularly in the Exhibits to the Resolution of Necessity. The Resolution of Necessity with the Exhibits is incorporated herein by this reference. As noted above, to the extent that Phase II will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by Phase II, the City's use of the Subject Property Interests for Phase II is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. D. The City has made an Offer as Required by Government Code Section 7267.2 to the Owner of Record of the Subject Property Interests The City's actions under Government Code Section 7260, et seq. are discussed in detail above. As noted above, the City obtained a fair market value appraisal of the Subject Property Interests. The City also set just compensation for the Subject Property Interests in accordance with the fair market value. On October 22, 2021, OPC extended, on behalf of the City, a written offer pursuant to Government Code Section 7267.2 to Lamar Central Outdoor, Inc., the owner of record of Sign Number 33321 and Sign Number 33322 and related interests, which are located on portions of APNs 910-060- 002 and 910-060-004, via certified mail and regular first-class mail, for the acquisition of the Subject Property Interests. The offer letter and package for the Subject Property Interests included compensation for improvements pertaining to the realty (the billboard structures) and impact to the Subject Property Interests, including business goodwill. The City's offer letter for the acquisition of the Subject Property Interests included an informational pamphlet describing the eminent domain process and the record owner's rights under the Eminent Domain Law. The offer package included information regarding the summary of and the basis for the amount established as just compensation, and included a summary of the appraiser's valuation analysis. The offer included the comparable market data relied on by the appraiser, and offered to reimburse the record owner of the Subject Property Interests for the reasonable costs, up to $5,000, of an independent appraisal of said property interests pursuant to Code of Civil Procedure Section 1263.025. City Staff and the City's acquisition consultant, OPC, engaged in good faith negotiations with the owner of the Subject Property Interests. As of the date of this Report, however, the City and owner of the Subject Property Interests have not reached a negotiated agreement. Based on the timing of the Project, and critical funding and right-of-way certification deadlines, it is necessary that the City Council consider the adoption of the Resolution of Necessity at this time. INCORPORATION OF DOCUMENTS The following documents referenced above are on file with the City Clerk's Office and/or the Public Works Department and are incorporated herein by this reference: • Resolution No. 2021- with Exhibits (attached hereto) • City of Temecula General Plan • Offer letter and package to the record owner of the Subject Property Interests • Notice pursuant to Code of Civil Procedure Section 1245.235 to record owner of the Subject Property Interests • Environmental Documents relating to the Project and Caltrans Re -Validation for Phase II • Resolution No. 2021-26, A Resolution of the City Council of the City of Temecula Approving that Certain Agreement Entitled Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II FISCAL IMPACT: The City would plan to deposit the probable amounts of just compensation for the Subject Property Interests in the Condemnation Fund of the State Treasurer's Office to obtain orders for prejudgment possession of the Subject Property Interests. The estimated just compensation for the Subject Property Interests based on the independent appraisal is $1,570,000 for the Lamar Central Outdoor, Inc. Subject Property Interests. The City plans to obtain an updated fair market value estimate prior to the proposed deposit of probable compensation, if necessary and to deposit the fair market value estimated in any such update. The City will also incur additional costs in connection with any filed eminent domain proceedings, including costs for litigation guarantees, new appraisals during the course of the eminent domain proceedings, expert witness costs, and attorney's fees. The I-15/French Valley Parkway Improvements —Phase II project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2022-26. The project is funded with Measure S, TUMF (WRCOG), TUMF (CETAP/RCTC), SAFETEA-LU, STIP, and INFRA Grant. There are sufficient funds in the project account to cover the deposit amount of $1,570,000 for the probable amounts of just compensation. The additional costs in connection with any filed eminent domain proceedings are not expected to exceed the funds available in the project accounts. ATTACHMENTS: 1. Resolution No. 2021- with Exhibits (attached hereto) 2. Project Description 3. Project Location RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN REAL PROPERTY INTERESTS IN CONNECTION WITH OUTDOOR ADVERTISING STRUCTURES/BILLBOARDS IDENTIFIED AS SIGN NUMBER 33321 AND SIGN NUMBER 33322, LOCATED ON PORTIONS OF THE REAL PROPERTIES IDENTIFIED AS APNS 910-060-002 & 910-060-004) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements — Phase II ("Phase II") to improve traffic congestion and improve safety and operational efficiency within the limits of the French Valley Parkway Improvements Project ("Project"). The City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off - ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, the City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on - ramps to just north of the I-15/I-215 junction with connectors to I-15 and I-215. These improvements seek to alleviate congestion on the I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto I-15 and to improve circulation along these routes. Pursuant to Cooperative Agreement 08-1667 between the City and the State of California by and through Caltrans ("Caltrans Cooperative Agreement"), the City is the implementing agency for right of way and is responsible for acquisition of the real property interests needed for Phase II. Caltrans is the lead agency under the National Environmental Policy Act of 1969 ("NEPA") and the California Environmental Quality Act ("CEQA"). C. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Elements, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange improvements and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities, and improvements to current freeway interchanges within the City to achieve performance standards. D. Phase II also requires the cooperation of the City of Murrieta ("Murrieta"). The City and Murrieta entered into that certain Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II, which was executed by the City of Temecula on May 13, 2021 and by the City of Murrieta on July 28, 2021 ("Temecula-Murrieta Cooperative Agreement"). At its meeting of May 11, 2021, the City adopted Resolution No. 2021-26, A Resolution of the City Council of the City of Temecula Approving that Certain Agreement Entitled Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta recognized that Phase II is an interchange of regional significance for Western Riverside County with TUMF funding allocated for a significant portion of it. Phase II received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. The letter to the U.S. Department of Transportation dated February 26, 2019 from the U.S. Department of Defense, United States Marine Corps. Camp Pendleton, summarized the benefits of Phase II on the lives of service members, including a reduction of transit times of military operational units movement on I-15; reduction of transit times on the federal workforce, and improvement in the quality of life of military service members and their families resulting from the improved circulation. E. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta set forth their agreement to cooperate on right-of-way issues in connection with Phase II. They recognized that public agencies may jointly exercise any power common to them pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b). Government Code Section 6502 provides that "[i]f authorized by their legislative or governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties". California Code of Civil Procedure Section 1240.140(b) provides that "[t]wo or more public agencies may enter into an agreement for the joint exercise of their respective powers of eminent domain, whether or not possessed in common, for the acquisition of property as a single parcel." The City and Murrieta also agreed and acknowledged that each City may exercise the power of eminent domain to acquire real property for a public use if each City meets all legal requirements, including the payment of just compensation to the owner or into the court for the benefit of the owner. (California Constitution, art. I, sec. 19). The acquisition of private property for public street/highway purposes, and all uses necessary or convenient thereto in connection with the proposed construction of Phase II is a public use, and is authorized by Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 2 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. Further, the City and Murrieta agreed that a joint approach is beneficial to the timely delivery of Phase II, and agreed to cooperate and coordinate their efforts to the extent practicable in connection with the acquisition of the necessary right of way for Phase II. They further agreed that pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b), the parties may jointly exercise any power common to them. Both Temecula and Murrieta are authorized to acquire real property interests by eminent domain for public street/highway purposes. Temecula is the Implementing Agency for right-of-way acquisition pursuant to the Caltrans Cooperative Agreement. Murrieta consented to the City's acquisition of property interests located within the boundaries of Murrieta, including the City's acquisition by eminent domain, if necessary, of property interests needed for Phase II. The City agreed that it would acquire any necessary property interests for Phase II in accordance with Government Code Section 7260 et seq., and the Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq., and other provisions of law. The City and Murrieta further agreed that the acquisition of the necessary real property interests required for Phase II is a matter of urgency of extreme expediency or necessity and manifestly desirable to alleviate congestion and improve traffic circulation in Southwest Riverside County. Pursuant to the Temecula-Murrieta Cooperative agreement, Murrieta also consented to the City's conveyance of any portions of the necessary real property interests required for Phase II to Caltrans in accordance with the terms of the Caltrans Cooperative Agreement. F. Phase II requires the acquisition of the certain property interests consisting of the interests of Lamar Central Outdoor, Inc. ("Lamar") in and to the outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number 33322, leasehold interests in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with the use of the portions of APNs 910-060-002 and 910-060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor advertising structures/billboards located on portions of the real properties identified as APNs 910- 060-002 and 910-060-004 that are impacted by Phase II (collectively "Subject Property Interests"), and are described more particularly below in Section 4. The City seeks to acquire the Subject Property Interests for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II. Section 2. Adoption of Resolution of Necessity. The City Council of the City of Temecula adopts Resolution No. 2021- , A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the I-15/French Valley Parkway Improvements — Phase II (Certain Real Property Interests in connection with Outdoor Advertising Structures/Billboards Identified as Sign Number 33321 and Sign 33322, Located on Portions of the Real Properties Identified as APNs 910-060-002 & 910-060-004). Section 3. Authorization for Acquisition of Real Property Interests by Eminent Domain. The City seeks to acquire by eminent domain the Subject Property Interests described more particularly below in Section 4 of this Resolution for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by 3 Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 4. Subject Property Interests. The City seeks to acquire certain real property interests of Lamar consisting of the interests of Lamar in and to the outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number 33322, depicted on the Exhibit "A" attached hereto and incorporated by this reference, leasehold interests in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with the use of the portions of APNs 910-060-002 and 910-060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor advertising structures/billboards located on portions of the real properties identified as APNs 910-060-002 and 910-060-004. Section 5. Environmental Review. The environmental effects of the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and PW07-04) ("Project") and the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Mitigated Negative Declaration for the Project (MND) adopted by the City on February 23, 2010 pursuant to Resolution No. 10-14, A Resolution of the City of Temecula Adopting a Mitigated Negative Declaration for the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and PW07-04) and Approving the Project. At that time, the City was the lead agency under the CEQA for the Project. Caltrans was the lead agency under NEPA for the Project. Together, the City and Caltrans completed an Initial Study [with Mitigated Negative Declaration]/Environmental Assessment with Finding of No Significant Impact (IS/EA), a joint CEQA/NEPA document for the Project. Caltrans signed and approved the Finding of No Significant Impact (FONSI) on January 29, 2010. In adopting Resolution No. 10-14 approving the MND and the Project, the City Council found that the Project would accomplish the following objectives: (1) reduce current and projected traffic congestion on the ramps and freeway mainline in the project area; (2) improve safety and operations between Winchester Road and the I-15/I-215 junction; (3) provide alternative vehicular access to I-15 that will also provide operational improvements to the I-15/Winchester Road interchange; and (4) provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. In adopting the MND, the City Council found that (1) the MND was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the MND reflects the independent judgment and analysis of the City Council. The City duly filed the Notice of Determination in accordance with applicable law. Pursuant to the Caltrans Cooperative Agreement, Caltrans is the lead agency under both NEPA and CEQA for Phase II. The environmental effects of Phase II and the acquisition of the real property interests needed for Phase II were studied and analyzed as an integral part of the MND for the Project and the Caltrans Re -Validation in connection with Caltrans' further 4 environmental analysis and review of the environmental documents for the Project. Caltrans completed the NEPA/CEQA Re -Validation on July 9, 2021 [DIST-CO-RTE: 08-RIV-15, 215; Project No. FTIP ID RIV031215 (RTP ID RIV 031215) (SCH 2O09041108)], which is on file with the City Public Works Department and is incorporated in this Agenda Report by this Reference ("Caltrans Re -Validation"). In the Caltrans Re -Validation, Caltrans explained that the scope of Phase II was modified to include the northbound (NB) collector/distributor connectors to I-15 and 1-215, one new bridge, widening of two bridges, ten retaining walls and one sound wall, and some drainage improvements. The change in the scope of Phase II resulted in a decrease in the number of full and partial acquisitions required for Phase II and an increase in the need for temporary construction easements. Caltrans found that the original environmental document needed to be updated and further documentation was prepared in connection with NEPA. Based on the changed conditions and supporting information, Caltrans found that, with respect to the CEQA analysis, only minor technical changes or additions to the previous documents were necessary and an addendum was prepared and included with the Re -Validation Form. The Re -Validation Form noted that the Phase II improvements were previously identified and were approved as part of Phase II of the Project described in the 2010 IS/EA. It also found that Phase II itself would not result in new types of impacts over those identified in the IS/EA for the overall Project. Caltrans determined that due to the smaller scope of Phase II and the refined project engineering information, the magnitude of various impacts is reduced but generally remains the same as those addressed in the IS/EA. Caltrans also found that the acquisition of 34 parcels, including the displacement of two nonresidential uses, was anticipated with the overall Project. Of this, two full parcel acquisitions and twelve partial parcel acquisitions were initially anticipated for Phase II (as noted in the 2010 IS/EA). Based on the smaller project scope for Phase II, Caltrans found that Phase II would not result in any full parcel acquisitions, but would require eleven partial acquisitions, three permanent footing easements, and five temporary easements for construction of Phase II. Although there has been a reduction in the number of full and partial acquisitions required, Caltrans noted that Phase II requires the acquisition of property interests from APN 910-020-077 that were not included in the original IS/EA and from APN 910-281-001 based on the revisions to the appraisal map approved on June 3, 2021. Caltrans found that the reduction in proposed acquisitions would not result in new impacts and that no new additional mitigation measures are required. Caltrans noted that the proposed footing easements and use of City property would only affect undeveloped land and would not result in displacement of any persons or businesses. Phase II may, however, require the relocation of two outdoor advertising structures/billboards owned by Lamar and identified as Sign Number 33321 and Sign Number 33322 located on APNs 910-060-002 and 910-060-004 in the City of Murrieta, which are the subject of this Resolution of Necessity. In connection with the preparation of this Resolution of Necessity, City Staff reviewed the MND and FONSI for the Project and the Re -Validation prepared in connection with Phase II, and found that the environmental findings for the Project and Phase II are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests in connection with Phase II. Section 6. Phase II, as planned and designed, is in the public interest and necessity and is of regional significance. Phase 11, as planned and located, will construct a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/I-15 Interchange northerly on -ramps to just north of the I-15/1-215 junction with connectors to I-15 and 1-215. Phase II 5 received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free now of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. Phase II, as planned and designed, will alleviate congestion, and improve safety and traffic circulation by constructing the northbound collector/distributor road improvements. The City and Murrieta have recognized that the construction of the Project would benefit both communities, and that both communities have a mutual interest in the Project to improve traffic and promote safety for the general public. The improvements proposed for Phase II seek to improve traffic congestion on I-15 at the I-215 junction where weaving occurs as drivers choose between I-15 and I-215 at the same time as they merge from Winchester Road onto I-15, and to improve circulation along these routes. Section 7. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Element, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities, and also includes improvements to current freeway interchanges within the City to achieve performance standards. Section 8. Phase II is planned and located in the manner that is most compatible with the greatest public good and the least private injury. Phase II is planned and designed to construct a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/I- 15 Interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to I-15 and I-215. The construction of these improvements are of regional significance. Phase II is planned and located to minimize the impact on private parcels. The construction Phase II will not impact any buildings. It will not result in the displacement of any persons or businesses, except for the potential impacts to Lamar's interests in the two billboard/outdoor advertising structures located on APNs 910-060-002 and 910-060-004 in the City of Murrieta that are impacted by Phase II and are the subject of this Resolution of Necessity. Preliminary analysis indicates that it may not be feasible to relocate the two subject billboard/outdoor advertising structures impacted by Phase II. Section 9. The public use for which the City seeks to acquire the Subject Property Interests, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by Phase II, the City's use of the Subject Property Interests for Phase II is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the 6 uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. Section 10. Pursuant to Government Code Section 7260 et seq., the City obtained a fair market value appraisal of the Subject Property Interests and set just compensation for the Subject Property Interests in accordance with the fair market value. On October 22, 2021, the City extended a written offer pursuant to Government Code Section 7267.2 to Lamar, the owner of the impacted outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number 33322, via certified mail and regular first-class mail. The City's offer included an informational pamphlet describing the eminent domain process and the record owner's rights under the Eminent Domain law. In accordance with Government Code Section 7267.2, the City's written offer contained a written statement of and summary of the basis for, the amount it established as just compensation. The City's offer package for the Subject Property Interests included compensation for improvements pertaining to the realty (the billboard structures) and impact to the Lamar's interests in the Subject Property Interests, including business goodwill. Further, the offer letter offered to pay the reasonable costs of Lamar, up to $5,000, of an independent appraisal of the Subject Property Interests pursuant to Code of Civil Procedure Section 1263.025. Section 11. The City provided written notice dated November 24, 2021 to the owner of record of the Subject Property Interests, Lamar, pursuant to Code of Civil Procedure Section 1245.235 of the City Council's intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property Interests by eminent domain. It also notified Lamar of the opportunity to appear before the City Council and raise questions about whether the public interest and necessity require Phase II; whether Phase II is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire are necessary for Phase II. Section 12. Based on the evidence presented at the hearing regarding the acquisition of the Subject Property Interests, consisting of the interests of Lamar in and to the outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number 33322, leasehold interests in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with the use of the portions of APNs 910-060-002 and 910-060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor advertising structures/billboards located on portions of the real properties identified as APNs 910- 060-002 and 910-060-004, including the Agenda Report, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that: A. The public interest and necessity require Phase II; B. Phase II is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interests, consisting of the interests of Lamar in and to the outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number 33322, leasehold interests in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with the use of the portions of APNs 910-060-002 and 910-060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor advertising structures/billboards located on portions of the real properties identified as APNs 910-060-002 and 910-060-004 depicted on Exhibit "A" and Exhibit `B" hereto, which are impacted by Phase II, are necessary for Phase II; and D. The City has made the offer required by Government Code Section 7267.2 to the owner of record of the Subject Property Interests the City seeks to acquire. Section 13. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report, and all documents referenced therein, all of which are incorporated herein by this reference and testimony and/or comments, if any, submitted to the City by Lamar or Lamar's representative(s). These documents include, but are not limited to the City of Temecula General Plan, the offer letter and package sent to Lamar pursuant to Government Code Section 7267.2, the notice pursuant to Code of Civil Procedure Section 1245.235, Resolution No. 2021-26, Resolution No. 10-14, and environmental documents relating to the Project and Phase II. Section 14. Authorization to File Eminent Domain Proceeding. The City Attorney's Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the Subject Property Interests in connection with Phase II. The Subject Property Interests are depicted on Exhibit "A" and Exhibit "B" hereto. Section 15. City Manager Authority. The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding. Section 16. 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 10' day of December, 2021. Maryann Edwards, 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of December, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Exhibit "A" Depiction of Subject Billboards Impacted by Phase II (Lamar Outdoor Advertising Sign No. 33321 & Sign No. 33322) S,�BJEc_T SCBJECT ,-..Ott ,� Alft c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215. Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system. Core Value: Transportation Mobility and Connectivity Project Status: The environmental re-evaluation and design are estimated to be completed in Fiscal Year2021-22. Department: Public Works - Account No. 210.265.999.726 / PW16-01 Level: I Project Cost: Prior Years Actuals 2020-21 Adjusted 2021-22 Adopted Budget 2022-23 Projected 2023-24 2024-25 Projected Projected 2025-26 Projected Total Project Cost Administration 2,552,128 251,670 227,000 227,000 227,000 3,484,799 Construction 88,950,000 88,950,000 Construction Engineering 1,279 10,899,721 10,901,000 Design & Environmental 17,898,086 1,221,217 19,119,303 Land Acquisition 9,393,251 5,826,900 743,100 15,963,251 Utilities 1,993 1,993 Total Expenditures 29,846,738 107,149,508 970,100 227,000 227,000 138,420,346 Source of Funds: CFD 01-02 (Harveston) 1,005,840 1,005,840 DIF-Street Improvements 75,360 75,360 General Fund 4,236,174 4,236,174 INFRA Grant 50,000,000 50,000,000 Measure A 1,627,914 1,627,914 Measure S 454,000 3,837,485 970,100 227,000 227,000 5,715,585 Reimbursements 6,008,000 6,008,000 SAFETEA-LU 1,602,360 1,602,360 STIP-Surface Transportation 47,600,000 47,600,000 Improvement Program TUMF (CETAP/RCTC) 472,841 999,668 1,472,509 TUMF (RCTC) 2,343,000 2,343,000 TUMF (WRCOG) 11,450,112 5,283,492 16,733,604 Total Funding 27,673,241 109,323,005 970,100 227,000 227,000 138,420,346 Future Operating & Maintenance Costs: 71 Alk c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project 2021-22 Prior Years 2020-21 Adopted 2022-23 2023-24 2024-25 2025-26 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Total Operating Costs Notes : 1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds. 2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000). 3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW. 4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase II. 5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase II. 6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase I. 7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match). 72 pF TF.q£C G" French Valley Parkway/I-15 Improvements - Phase 11 Circulation Project Location 0 400 800 Feet Them a p FrenchValleyParkway_Phasell.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update 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 2018 Aerial Data 58 French Valley Parkway/1-15 Improvements — Phase II Lamar Central Outdoor, Inc. Billboards 1 "CD4" LINE 2 J 3 0 rl •�^��� • _ .. -. ..._,� Orr � y '�. ti f r49 a• f Item No. 23 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 14, 2021 SUBJECT: Recommended Adoption of Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes on Assessor's Parcel Numbers 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 in Connection with the I-15/French Valley Parkway Improvements — Phase II PREPARED BY: Amer Attar, Engineering Manager Kendra Hannah-Meistrell, Senior Civil Engineer Paula Gutierrez Baeza, City Attorney's Office RECOMMENDATION: That the City Council take the following actions: 1. Consider the following Resolution, which is a Resolution of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in connection with the I-15/French Valley Parkway Improvements — Phase II: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN PROPERTY INTERESTS ON APNS 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015) 2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity. 3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2021- , ("Resolution of Necessity"), which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the Subject Property Interests summarized below and described more particularly in the Exhibits to the Resolution of Necessity: (i) Larchmont Park, LLC —Certain Real Property Interests on APNs 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 • An approximate 52,090 square foot fee portion of APNs 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 described more particularly on Exhibit "A" and roughly depicted on Exhibit `B" to Resolution No. 2021- • Any and all interests of Larchmont Park, LLC in and to the outdoor advertising structure/billboard and lease interests relating to said structure located on portions of APN 910-060-002 impacted by Phase II. The above approximate 52,090 square foot fee portion of APNs 910- 020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 and Larchmont Park's interest in and to the outdoor advertising structure/billboard and lease interests on portions of APN 910-060-002 are referred to below collectively as the "Subject Property Interests". 4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney's Office to file and prosecute eminent domain proceedings for the acquisition of the Subject Property Interests by eminent domain. 5. Authorize the City Manager to execute all necessary documents. 6. Authorize the City Clerk to certify the adoption of the Resolution of Necessity. BACKGROUND: Background and Summary The City Council has before it a proposed Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests described above and in the attached Resolution of Necessity in connection with the I-I5/French Valley Parkway Improvements — Phase II ("Phase II"). The City seeks to acquire the Subject Property Interests for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II. The City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements — Phase II ("Phase II") to improve traffic congestion and improve safety and operational efficiency within the limits of the French Valley Parkway Improvements Project ("Project"). The City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, the City proposes to construct a two-lane northbound collector/distributor system along the I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to the I-15 and I-215. These improvements seek to alleviate congestion on the I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Element, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities and improvements to current freeway interchanges within the City to achieve performance standards. Pursuant to Cooperative Agreement 08-1667 between the City and the State of California by and through Caltrans ("Caltrans Cooperative Agreement"), the City is the implementing agency for right of way and is responsible for acquisition of the real property interests needed for Phase II. Caltrans is the lead agency under the National Environmental Policy Act of 1969 ("NEPA") and the California Environmental Quality Act ("CEQA"). Phase II also requires the cooperation of the City of Murrieta ("Murrieta"). The City and Murrieta entered into that certain Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II, which was executed by the City of Temecula on May 13, 2021 and by the City of Murrieta on July 28, 2021 ("Temecula-Murrieta Cooperative Agreement"). At its meeting of May 11, 2021, the City adopted Resolution No. 2021-26, A Resolution of the City Council of the City of Temecula Approving that Certain Agreement Entitled Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase IL Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta recognized that Phase II is an interchange of regional significance for Western Riverside County with TUMF funding allocated for a significant portion of it. Phase II received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. The letter to the U.S. Department of Transportation dated February 26, 2019 from the U.S. Department of Defense, United States Marine Corps. Camp Pendleton, summarized the benefits of Phase II on the lives of service members, including a reduction of transit times of military operational units movement on the I-15; reduction of transit times on the federal workforce, and improvement in the quality of life of military service members and their families resulting from the improved circulation. The Temecula-Murrieta Cooperative Agreement notes that the parties previously entered into that certain Reimbursement and Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with Property Acquisition for the French Valley Parkway/Interstate-15 Overcrossing and Interchange Improvements Project (Project Numbers PW02-11 and PW07-04) ("Reimbursement and Cooperative Agreement"). Pursuant to the Reimbursement and Cooperative Agreement, the City and Murrieta acknowledged that the construction of the Project would benefit both communities, and that both communities have a mutual interest in the Project to improve traffic and promote safety for the general public. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta set forth their agreement to cooperate on right-of-way issues in connection with Phase II. They recognized that public agencies may jointly exercise any power common to them pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b). Government Code Section 6502 provides that "[i]f authorized by their legislative or governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties". California Code of Civil Procedure Section 1240.140(b) provides that "[t]wo or more public agencies may enter into an agreement for the joint exercise of their respective powers of eminent domain, whether or not possessed in common, for the acquisition of property as a single parcel." The City and Murrieta also agreed and acknowledged that each City may exercise the power of eminent domain to acquire real property for a public use if each City meets all legal requirements, including the payment of just compensation to the owner or into the court for the benefit of the owner. (California Constitution, art. I, sec. 19). The acquisition of private property for public street/highway purposes, and all uses necessary or convenient thereto in connection with the proposed construction of Phase II is a public use, and is authorized by Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. The City and Murrieta also agreed that a joint approach is beneficial to the timely delivery of Phase II, and agreed to cooperate and coordinate their efforts to the extent practicable in connection with the acquisition of the necessary right of way for Phase IL They further agreed that pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b), the parties may jointly exercise any power common to them. Both Temecula and Murrieta are authorized to acquire real property interests by eminent domain for public street/highway purposes. Temecula is the Implementing Agency for right-of-way acquisition pursuant to the Caltrans Cooperative Agreement. Murrieta consented to the City's acquisition of property interests located within the boundaries of Murrieta, including the City's acquisition by eminent domain, if necessary, of property interests needed for Phase II. Temecula agreed that it would acquire any necessary property interests for Phase II in accordance with Government Code Section 7260 et seq., and the Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq., and other provisions of law. The City and Murrieta further agreed that the acquisition of the necessary real property interests required for Phase II is a matter of urgency of extreme expediency or necessity and manifestly desirable to alleviate congestion and improve traffic circulation in Southwest Riverside County. Pursuant to the Temecula-Murrieta Cooperative agreement, Murrieta also consented to the City's conveyance of any portions of the necessary real property interests required for Phase II to Caltrans in accordance with the terms of the Caltrans Cooperative Agreement. Authorization for Acquisition by Eminent Domain of the Subject Property Interests and Findings Required for Adoption of Resolution of Necessity: The City seeks to acquire the Subject Property Interests described below for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II, pursuant to the authority conferred upon the City to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and by other provisions of law. To adopt the proposed Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests the City Council must find and determine that: A. The public interest and necessity require Phase II; B. Phase II is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interests described in the Resolution of Necessity are necessary for Phase II; and D. The City has made an offer as required by Government Code Section 7267.2 to the owner of record of the Subject Property Interests the City seeks to acquire. The amount of just compensation is not an issue before the City Council at this hearing. The hearing relates to issues A, B, C, and D above. The amount of just compensation would be determined in the eminent domain proceedings that would be filed if the City Council, in its sole discretion, adopts the proposed Resolution of Necessity. Environmental Analysis Initially, the City was the lead agency under CEQA and Caltrans was the lead agency under NEPA for the Project. Together, the City and Caltrans completed an Initial Study [with Mitigated Negative Declaration]/Environmental Assessment with Finding of No Significant Impact (IS/EA), a joint CEQA/NEPA document for the Project. The environmental effects of Project and the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Mitigated Negative Declaration for the Project (MND) adopted by the City on February 23, 2010 pursuant to Resolution No. 10-14, A Resolution of the City of Temecula Adopting a Mitigated Negative Declaration for the French Valley Parkway/Interstate-15 Over - Crossing and Interchange Improvements Project (PW02-11 and PW07-04) and Approving the Project. Caltrans signed and approved the Finding of No Significant Impact (FONSI) on January 29, 2010. In adopting Resolution No. 10-14 approving the MND and the Project, the City Council found that the Project would accomplish the following objectives: (1) reduce current and projected traffic congestion on the ramps and freeway mainline in the project area; (2) improve safety and operations between Winchester Road and the I-15/I-215 junction; (3) provide alternative vehicular access to I-15 that will also provide operational improvements to the I-15/Winchester Road interchange; and (4) provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. In adopting the MND, the City Council found that (1) the MND was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the MND reflects the independent judgment and analysis of the City Council. The City duly filed the Notice of Determination in accordance with applicable law. Pursuant to the Caltrans Cooperative Agreement, Caltrans is the lead agency under both NEPA and CEQA for Phase II. The environmental effects of Phase II and the acquisition of the real property interests needed for Phase II were studied and analyzed as an integral part of the MND for the Project and the Caltrans Re -Validation in connection with Caltrans' further environmental analysis and review of environmental documents. Caltrans completed the NEPA/CEQA Re - Validation on July 9, 2021 [DIST-CO-RTE: 08-RIV-15, 215; Project No. FTIP ID RIV031215 (RTP ID RIV 031215) (SCH 2O09041108)], which is on file with the City Public Works Department and is incorporated in this Agenda Report by this Reference ("Caltrans Re - Validation"). In the Caltrans Re -Validation, Caltrans explained that the scope of Phase II was modified to include the northbound (NB) collector/distributor connectors to the I-15 and I-215, one new bridge, widening of two bridges, ten retaining walls and one sound wall, and some drainage improvements. The change in the scope of Phase II resulted in a decrease in full and partial acquisitions required for Phase II and an increase in the need for temporary construction easements. Caltrans found that the original environmental document needed to be updated and further documentation was prepared in connection with NEPA. Based on the changed conditions and supporting information, Caltrans found that with respect to the CEQA analysis, only minor technical changes or additions to the previous documents are necessary and an addendum was prepared and included with the Re - Validation Form. The Re -Validation Form noted that the Phase II improvements were previously identified and have been approved as part of Phase II of the Project described in the 2010 IS/EA. It also found that Phase II itself would not result in new types of impacts over those identified in the IS/EA for the overall Project. Caltrans determined that due to the smaller scope of Phase II and the refined project engineering information, the magnitude of various impacts is reduced but generally remains the same as those addressed in the IS/EA. Caltrans also found that the acquisition of thirty-four parcels, including the displacement of two nonresidential uses, was anticipated with the overall Project. Of this, two full parcel acquisitions and twelve partial parcel acquisitions were initially anticipated for Phase II (as noted in the 2010 IS/EA). Based on the smaller project scope for Phase II, Caltrans found that Phase II would not result in any full parcel acquisitions, but would require eleven partial acquisitions, three permanent footing easements, and five temporary easements for construction of Phase II. Although there has been a reduction in the number of full and partial acquisitions required, Caltrans noted that Phase II requires the acquisition of property interests from APN 910-020-077 that were not included in the original IS/EA and from APN 910-281-001 based on the revisions to the appraisal map approved on June 3, 2021. Caltrans found that the reduction in proposed acquisitions would not result in new impacts and that no new additional mitigation measures are required. Caltrans noted that the proposed footing easements and use of City property would only affect undeveloped land and would not result in displacement of any persons or businesses. It may, however, require the relocation of two outdoor advertising structuresibillboards owned by Lamar Central Outdoor, Inc. ("Lamar") and identified as Sign Number 33321 and Sign Number 33322. In connection with the preparation of this Agenda Report and Resolution of Necessity, City Staff reviewed the MND and FONSI for the Project and the Re -Validation prepared in connection with Phase II, and found that the environmental findings for the Project and Phase II are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests in connection with Phase II. City's Actions Pursuant to Government Code Section 7260 et seg. Pursuant to Government Code Section 7260, et seq., the City of Temecula obtained a fair market value appraisal of the Subject Property Interests and a review appraisal in accordance with applicable law. The review appraisal approved the fair market value estimate. The City set just compensation for the Subject Property Interests in accordance with the fair market value. The City retained Overland Pacific & Cutler ("OPC") as its acquisition consultant to assist the City with the proposed acquisition of the Subject Property Interests and with the City's good faith negotiations for the acquisition of the Subject Property Interests. Following is a summary of the actions taken by the City in accordance with Government Code Section 7260, et seq. On October 11, 2021, OPC and the City hand -delivered a written offer pursuant to Government Code Section 7267.2 to the owner of record, Larchmont Park, LLC, to purchase the Subject Property Interests described above. The City's offer letter offered to reimburse the record owner for the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. The City, through City Staff and OPC, negotiated in good faith with the record owner for the purchase of the Subject Property Interests described above and more particularly in Resolution No. 2021- . As of the date of this Agenda Report, the parties have not reached a negotiated agreement for the purchase of the Subject Property Interests. Based on the timing of the Project, and critical funding and right-of-way certification deadlines, it is necessary that the City consider the adoption of a Resolution of Necessity at this time. City's Actions Pursuant to Code of Civil Procedure Section 1245.235 On November 24, 2021, the City sent a letter and a notice by first-class mail in accordance with Code of Civil Procedure Section 1245.235 to Larchmont Park, LLC informing the owner of the City's intent to consider at its December 14, 2021 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests. Based on the discussions between the City and Larchmont Park, LLC, the City also sent a copy of the letter and Code of Civil Procedure Section 1245.235 notice to BTWB Jackson Street, LLC. The Code of Civil Procedure Section 1245.235 notice advised the record owner of the owner's right to appear and be heard regarding the City's proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owner of the Subject Property Interests that the owner has an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require Phase II; whether Phase II is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire from the owner of record are necessary for Phase II. The letter also advised the record owner that if the owner had concerns regarding design issues relating to Phase II of the Project and acquisition of the Subject Property Interests that have not been addressed during the negotiations, and/or about the above findings relating to the adoption of a Resolution of Necessity, the City will coordinate with Caltrans a joint District Condemnation Evaluation Meeting and Condemnation Panel Review Meeting to address said concerns before the scheduled December 14, 2021 City Council meeting. As of December 1, 2021, the record owner has not requested a joint District Condemnation Evaluation Meeting and Condemnation Panel Review Meeting. REQUIRED FINDINGS FOR ADOPTION OF RESOLUTION OF NECESSITY A. The Public Interest and Necessity Require the Proiect Phase II, as planned and designed, is in the public interest and necessity and is of regional significance. Phase II, will construct a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/I-15 Interchange northerly on -ramps to just north of the I- 15/I-215 junction with connectors to the I-15 and I-215. Phase II received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. Phase II, as planned and designed, will alleviate congestion, and improve safety and traffic circulation by constructing the northbound collector/distributor road improvements. The City and Murrieta have recognized that the construction of the Project would benefit both communities, and that both communities have a mutual interest in the Project to improve traffic and promote safety for the general public. The improvements proposed for Phase II seek to improve traffic congestion on the I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Element, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities. and also includes improvements to current freeway interchanges within the City to achieve performance standards. Phase II, as planned and designed, seeks to minimize the impact on private parcels. Phase II requires the acquisition of property interests, including partial fee acquisitions, permanent footing easements, and temporary construction easements from seven larger parcels. Three parcels are located in Murrieta and four parcels are located in Temecula. Phase II will also impact the outdoor advertising structures/billboards located on portions of two of the three larger parcels located in Murrieta. The City and owners of four of the parcels have reached a tentative agreement regarding the City's proposed purchase of the property interests needed from said parcels. Phase II will not require the relocation of any persons or businesses. Phase II, however, will impact the outdoor advertising structures/billboards located on portions of APNs 910-060-002 & 910-060-004. The City will work with Lamar to attempt to locate a replacement site for Sign Number 33321 and Sign Number 33322, however, that may not be feasible due to Murrieta's sign regulations. To the extent that Phase II will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by Phase II, the City's use of the Subject Property Interests for Phase II is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. B. The Proiect is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Iniury Phase II is planned and located in the manner that is most compatible with the greatest public good and the least private injury. As discussed above, Phase II is of regional significance. It will construct a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/1-15 Interchange northerly on -ramps to just north of the 1-15/1-215 junction with connectors to the I-15 and I-215. Phase II, as planned and designed, will alleviate congestion, and improve safety and traffic circulation by constructing the northbound collector/distributor road improvements. The improvements proposed for Phase II seek to improve traffic congestion on the I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. As discussed above, Phase II is consistent with the Circulation Element of the General Plan and furthers Goal 2 of the Circulation Element, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities and improvements to current freeway interchanges within the City to achieve performance standards. Phase II is planned and located to minimize the impact on private parcels. The construction of Phase II will not impact any buildings. It will not result in the displacement of any persons or businesses, except for the potential impacts to the Lamar outdoor advertising structures/billboards located on APNs 910-060-002 and 910-060-004 in the City of Murrieta. Although the City will work with Lamar to attempt to locate a replacement site for the impacted billboards, preliminary analysis indicates that relocation of the two impacted outdoor advertising structures/billboards may not be feasible. To the extent that Phase II will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by Phase II, the City's use of the Subject Property Interests for Phase II is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. C. The Subiect Property Interests Described in the Resolution of Necessity are Necessary for the Proiect The City cannot construct Phase II, as planned and designed, without the acquisition of the Subject Property Interests described above and more particularly in the Exhibits to the Resolution of Necessity. The Resolution of Necessity with the Exhibits is incorporated herein by this reference. As noted above, to the extent that Phase II will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by Phase II, the City's use of the Subject Property Interests for Phase II is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. D. The City has made an Offer as Required by Government Code Section 7267.2 to the Owner of Record of the Subiect Property Interests The City's actions under Government Code Section 7260, et seq. are discussed in detail above. As noted above, the City obtained a fair market value appraisal of the Subject Property Interests, which were approved by a review appraisal. The City also set just compensation for the Subject Property Interests in accordance with the fair market value. On October 11, 2021, OPC and the City hand -delivered a written offer pursuant to Government Code Section 7267.2 to Larchmont Park, LLC, for the acquisition of the Subject Property Interests. The City's offer letter for the acquisition of the Subject Property Interests included an informational pamphlet describing the eminent domain process and the record owner's rights under the Eminent Domain Law. The offer package included information regarding the summary of and the basis for the amount established as just compensation, set forth the date of value used by the appraiser, explained the appraiser's opinion of the highest and best use of the Subject Property Interests and Larger Parcel of which they are a part, the zoning, and included a summary of the appraiser's valuation analysis, including severance damages and of the impacts of Phase II on the subject billboard. The offer included the comparable market data relied on by the appraiser, and offered to reimburse the record owner of the Subject Property Interests for the reasonable costs, up to $5,000, of an independent appraisal of said property interests pursuant to Code of Civil Procedure Section 1263.025. City Staff and the City's acquisition consultant, OPC, engaged in good faith negotiations with the owner of the Subject Property Interests. As of the date of this Report, however, the City and owner of the Subject Property Interests have not reached a negotiated agreement. Based on the timing of the Project, and critical funding and right-of-way certification deadlines, it is necessary that the City Council consider the adoption of the Resolution of Necessity at this time. INCORPORATION OF DOCUMENTS The following documents referenced above are on file with the City Clerk's Office and/or the Public Works Department and are incorporated herein by this reference: • Resolution No. 2021- with Exhibits (attached hereto) • City of Temecula General Plan • Offer letter and package to the record owner of the Subject Property Interests • Notice pursuant to Code of Civil Procedure Section 1245.235 to record owner of the Subject Property Interests • Environmental Documents relating to the Project and Caltrans Re -Validation for Phase II • Resolution No. 2021-26, A Resolution of the City Council of the City of Temecula Approving that Certain Agreement Entitled Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II FISCAL IMPACT: The City would plan to deposit the probable amounts of just compensation for the Subject Property Interests in the Condemnation Fund of the State Treasurer's Office to obtain orders for prejudgment possession of the Subject Property Interests. The estimated just compensation for the Subject Property Interests based on the independent appraisal is $813,000 for the Larchmont Park, LLC Subject Property Interests. The City plans to obtain an updated fair market value estimate prior to the proposed deposit of probable compensation, if necessary and to deposit the fair market value estimated in any such update. The City will also incur additional costs in connection with any filed eminent domain proceedings, including costs for litigation guarantees, new appraisals during the course of the eminent domain proceedings, expert witness costs, and attorney's fees. The I-15/French Valley Parkway Improvements — Phase II project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2022-26. The project is funded with Measure S, TUMF (WRCOG), TUMF (CETAP/RCTC), SAFETEA-LU, STIP, and INFRA Grant. There are sufficient funds in the project account to cover the deposit amount of $813,000 for the probable amounts of just compensation. The additional costs in connection with any filed eminent domain proceedings are not expected to exceed the funds available in the project accounts. ATTACHMENTS: 1. Resolution No. 2021- with Exhibits (attached hereto) 2. Project Description 3. Project Location RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN PROPERTY INTERESTS ON APNS 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements — Phase II ("Phase II") to improve traffic congestion and improve safety and operational efficiency within the limits of the French Valley Parkway Improvements Project ("Project"). The City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, the City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to the I-15 and I-215. These improvements seek to alleviate congestion on I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. Pursuant to Cooperative Agreement 08-1667 between the City and the State of California by and through Caltrans ("Caltrans Cooperative Agreement"), the City is the implementing agency for right of way and is responsible for acquisition of the real property interests needed for Phase II. Caltrans is the lead agency under the National Environmental Policy Act of 1969 ("NEPA") and the California Environmental Quality Act ("CEQA"). C. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Elements, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities, and improvements to current freeway interchanges within the City to achieve performance standards. D. Phase II also requires the cooperation of the City of Murrieta ("Murrieta"). The City and Murrieta entered into that certain Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I- 15 Improvements Project — Phase II, which was executed by the City of Temecula on May 13, 2021 and by the City of Murrieta on July 28, 2021 ("Temecula-Murrieta Cooperative Agreement"). At its meeting of May 11, 2021, the City adopted Resolution No. 2021-26, A Resolution of the City Council of the City of Temecula Approving that Certain Agreement Entitled Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta recognized that Phase II is an interchange of regional significance for Western Riverside County with TUMF funding allocated for a significant portion of it. Phase II received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. The letter to the U.S. Department of Transportation dated February 26, 2019 from the U.S. Department of Defense, United States Marine Corps. Camp Pendleton, summarized the benefits of Phase II on the lives of service members, including a reduction of transit times of military operational units movement on the I-15; reduction of transit times on the federal workforce, and improvement in the quality of life of military service members and their families resulting from the improved circulation. E. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta set forth their agreement to cooperate on right-of-way issues in connection with Phase II. They recognized that public agencies may jointly exercise any power common to them pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b). Government Code Section 6502 provides that "[i]f authorized by their legislative or governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties". California Code of Civil Procedure Section 1240.140(b) provides that "[t]wo or more public agencies may enter into an agreement for the joint exercise of their respective powers of eminent domain, whether or not possessed in common, for the acquisition of property as a single parcel." The City and Murrieta also agreed and acknowledged that each City may exercise the power of eminent domain to acquire real property for a public use if each City meets all legal requirements, including the payment of just compensation to the owner or into the court for the benefit of the owner. (California Constitution, art. I, sec. 19). The acquisition of private property for public street/highway purposes, and all uses necessary or convenient thereto in connection with the proposed construction of Phase II is a public use, and is authorized by Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. Further, the City and Murrieta agreed that a joint approach is beneficial to the timely delivery of Phase II, and agreed to cooperate and coordinate N their efforts to the extent practicable in connection with the acquisition of the necessary right of way for Phase II. They further agreed that pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b), the parties may jointly exercise any power common to them. Both Temecula and Murrieta are authorized to acquire real property interests by eminent domain for public street/highway purposes. Temecula is the Implementing Agency for right-of- way acquisition pursuant to the Caltrans Cooperative Agreement. Accordingly, pursuant to the Temecula-Murrieta Cooperative Agreement, Murrieta consented to the City's acquisition of property interests located within the boundaries of Murrieta, including the City's acquisition by eminent domain, if necessary, of property interests needed for Phase II. The City agreed that it would acquire any necessary property interests for Phase II in accordance with Government Code Section 7260, et seq., and the Eminent Domain Law, Code of Civil Procedure Section 1230.010, et seq., and other provisions of law. The City and Murrieta further agreed that the acquisition of the necessary real property interests required for Phase II is a matter of urgency of extreme expediency or necessity and manifestly desirable to alleviate congestion and improve traffic circulation in Southwest Riverside County. Pursuant to the Temecula-Murrieta Cooperative agreement, Murrieta also consented to the City's conveyance of any portions of the necessary real property interests required for Phase II to Caltrans in accordance with the terms of the Caltrans Cooperative Agreement. F. Phase II requires the acquisition of the certain property interests consisting of an approximate 52,090 square foot portion in fee of the real properties described more particularly below in Section 4 and the interests of the owner of said properties in and to the outdoor advertising structure/billboard and lease interests relating to said structure located on portions of the real properties impacted by Phase II. The City seeks to acquire said property interests for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II. Section 2. Adoption of Resolution of Necessity. The City Council of the City of Temecula adopts Resolution No. 2021- , A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the I-15/French Valley Parkway Improvements — Phase II (Certain Property Interests on APNs 910-020-077, 910-060-002, 910- 060-003, 910-060-009, & 910-060-015). Section 3. Authorization for Acquisition of Real Property Interests by Eminent Domain. The City seeks to acquire by eminent domain the real property interests described more particularly below in Section 4 of this Resolution for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. 3 Section 4. Subject Property Interests. The City seeks to acquire in fee an approximate 52,090 square foot fee portion of those certain vacant real properties located on the west side of Jackson Avenue near Fig Street in the City of Murrieta, and identified as Riverside County Tax Assessor's Parcel Numbers 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 described more particularly on Exhibit "A" attached hereto and incorporated herein by this reference. Larchmont Park, LLC is the record owner of said parcels. The City also seeks to acquire the interests of Larchmont Park, LLC in and to the outdoor advertising structure/billboard and lease interests relating to said structure located on portions of APN 910- 060-002 impacted by Phase II depicted on Exhibit `B" attached hereto and incorporated herein by this reference. The approximate 52,090 square foot fee area described on Exhibit "A" and the interests of Larchmont Park, LLC in and to the outdoor advertising structure/billboard and lease interests relating to said structure located on portions of APN 910-060-002 impacted by Phase II depicted on Exhibit `B" are referred to below collectively as the "Subject Property Interests". Section 5. Environmental Review. The environmental effects of the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and PW07-04) ("Project") and the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Mitigated Negative Declaration for the Project (MND) adopted by the City on February 23, 2010 pursuant to Resolution No. 10-14, A Resolution of the City of Temecula Adopting a Mitigated Negative Declaration for the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and PW07-04) and Approving the Project. At that time, the City was the lead agency under the CEQA for the Project. Caltrans was the lead agency under NEPA for the Project. Together, the City and Caltrans completed an Initial Study [with Mitigated Negative Declaration]/Environmental Assessment with Finding of No Significant Impact (IS/EA), a joint CEQA/NEPA document for the Project. Caltrans signed and approved the Finding of No Significant Impact (FONSI) on January 29, 2010. In adopting Resolution No. 10-14 approving the MND and the Project, the City Council found that the Project would accomplish the following objectives: (1) reduce current and projected traffic congestion on the ramps and freeway mainline in the project area; (2) improve safety and operations between Winchester Road and the I-15/I-215 junction; (3) provide alternative vehicular access to the I-15 that will also provide operational improvements to the I- 15/Winchester Road interchange; and (4) provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. In adopting the MND, the City Council found that (1) the MND was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the MND reflects the independent judgment and analysis of the City Council. The City duly filed the Notice of Determination in accordance with applicable law. Pursuant to the Caltrans Cooperative Agreement, Caltrans is the lead agency under both NEPA and CEQA for Phase IL The environmental effects of Phase II and the acquisition of the real property interests needed for Phase II were studied and analyzed as an integral part of the MND for the Project and the Caltrans Re -Validation in connection with Caltrans' further environmental analysis and review of the environmental documents for the Project. Caltrans completed the NEPA/CEQA Re -Validation on July 9, 2021 [DIST-CO-RTE: 08-RIV-15, 215; 4 Project No. FTIP ID RIV031215 (RTP ID RIV 031215) (SCH 2O09041108)], which is on file with the City Public Works Department and is incorporated in this Agenda Report by this Reference ("Caltrans Re -Validation"). In the Caltrans Re -Validation, Caltrans explained that the scope of Phase II was modified to include the northbound (NB) collector/distributor connectors to the I-15 and I-215, one new bridge, widening of two bridges, ten retaining walls and one sound wall, and some drainage improvements. The change in the scope of Phase II resulted in a decrease in the number of full and partial acquisitions required for Phase II and an increase in the need for temporary construction easements. Caltrans found that the original environmental document needed to be updated and further documentation was prepared in connection with NEPA. Based on the changed conditions and supporting information, Caltrans found that, with respect to the CEQA analysis, only minor technical changes or additions to the previous documents were necessary and an addendum was prepared and included with the Re -Validation Form. The Re -Validation Form noted that the Phase II improvements were previously identified and were approved as part of Phase II of the Project described in the 2010 IS/EA. It also found that Phase II itself would not result in new types of impacts over those identified in the IS/EA for the overall Project. Caltrans determined that due to the smaller scope of Phase II and the refined project engineering information, the magnitude of various impacts is reduced but generally remains the same as those addressed in the IS/EA. Caltrans also found that the acquisition of 34 parcels, including the displacement of two nonresidential uses, was anticipated with the overall Project. Of this, two full parcel acquisitions and twelve partial parcel acquisitions were initially anticipated for Phase II (as noted in the 2010 IS/EA). Based on the smaller project scope for Phase 11, Caltrans found that Phase II would not result in any full parcel acquisitions, but would require eleven partial acquisitions, three permanent footing easements, and five temporary easements for construction of Phase II. Although there has been a reduction in the number of full and partial acquisitions required, Caltrans noted that Phase II requires the acquisition of property interests from APN 910-020-077 that were not included in the original IS/EA and from APN 910-281-001 based on the revisions to the appraisal map approved on June 3, 2021. Caltrans found that the reduction in proposed acquisitions would not result in new impacts and that no new additional mitigation measures are required. Caltrans noted that the proposed footing easements and use of City property would only affect undeveloped land and would not result in displacement of any persons or businesses. Phase II may, however, require the relocation of two outdoor advertising structures/billboards owned by Lamar Central Outdoor, Inc. ("Lamar") and identified as Sign Number 33321 and Sign Number 33322 located on APNs 910-060-002 and 910-060-004 in the City of Murrieta. Larchmont Park, LLC's interest in and to the structure/billboard located on APN 910-060-002 is the subject of this Resolution of Necessity. In connection with the preparation of this Resolution of Necessity, City Staff reviewed the MND and FONSI for the Project and the Re -Validation prepared in connection with Phase 11, and found that the environmental findings for the Project and Phase 11 are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests in connection with Phase II. Section 6. Phase II, as planned and designed, is in the public interest and necessity and is of regional significance. Phase II, as planned and located, will construct a two-lane northbound collector/distributor (C/D) system along 1-15 from the Winchester Road/1-15 5 Interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to the I- 15 and I-215. Phase II received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. Phase II, as planned and designed, will alleviate congestion, and improve safety and traffic circulation by constructing the northbound collector/distributor road improvements. The City and Murrieta have recognized that the construction of the Project would benefit both communities, and that both communities have a mutual interest in the Project to improve traffic and promote safety for the general public. The improvements proposed for Phase II seek to improve traffic congestion on the 1-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. Section 7. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Element, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities, and also includes improvements to current freeway interchanges within the City to achieve performance standards. Section 8. Phase II is planned and located in the manner that is most compatible with the greatest public good and the least private injury. Phase II is planned and designed to construct a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/I-15 Interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to the I-15 and I-215. The construction of these improvements are of regional significance. Phase II is planned and located to minimize the impact on private parcels. The construction of Phase II will not impact any buildings. It will not result in the displacement of any persons or businesses, except for the potential impacts to two billboard/outdoor advertising structures located on APNs 910-060-002 and 910-060-004 in the City of Murrieta, including the interests of Larchmont Park, LLC in and to the billboard/outdoor advertising structure located on APN 910-060-002 impacted by Phase II. Section 9. The public use for which the City seeks to acquire the Subject Property Interests, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by Phase II, the City's use of the Subject Property Interests for Phase II is a more necessary public use within the meaning of Code of Civil r� Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. Section 10. Pursuant to Government Code Section 7260 et seq., the City obtained a fair market value appraisal of the Subject Property Interests and set just compensation for the Subject Property Interests in accordance with the fair market value. On October 11, 2021, the City extended a written offer pursuant to Government Code Section 7267.2 to the owner of record, Larchmont Park, LLC, via hand delivery. The City's offer included an informational pamphlet describing the eminent domain process and the record owner's rights under the Eminent Domain law. In accordance with Government Code Section 7267.2, the City's written offer contained a written statement of and summary of the basis for, the amount it established as just compensation. The City's offer package set forth the date of value used by the appraiser and explained the appraiser's opinion of the highest and best use of the larger parcel of which the Subject Property Interests are a part. The offer package also explained the applicable zoning of the larger parcel of which the Subject Property Interests are a part. The offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser's opinion of the fair market value. In addition, the written offer explained the appraiser's valuation analysis, including an analysis of severance damages and of the impacts of the Phase II on the subject billboard. It also included the comparable market data relied on by the appraiser. Further, the offer letter offered to pay the reasonable costs of Larchmont Park, LLC, up to $5,000, of an independent appraisal of the Subject Property Interests pursuant to Code of Civil Procedure Section 1263.025. Section 11. The City provided written notice dated November 24, 2021 to the owner of record of the Subject Property Interests, Larchmont Park, LLC, pursuant to Code of Civil Procedure Section 1245.235 of the City Council's intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property Interests by eminent domain. Based on the discussions between the City and Larchmont Park, LLC, the City also sent a copy of the letter and Code of Civil Procedure Section 1245.235 notice to BTWB Jackson Street, LLC. The notice informed the record owner of the opportunity to appear before the City Council and raise questions about whether the public interest and necessity require Phase II; whether Phase II is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire are necessary for Phase II. Section 12. Based on the evidence presented at the hearing regarding the acquisition of the Subject Property Interests, consisting of an approximate 52,090 square foot area in fee and the interests of the record owner in and to the outdoor advertising structure/billboard and lease interests relating to said structure located on portions of APN 910-060-002 impacted by Phase II, including the Agenda Report, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that: A. The public interest and necessity require Phase II; 7 B. Phase II is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interests, consisting of an approximate 52,090 square foot area in fee described more particularly on Exhibit "A" hereto and the interests of the record owner in and to the outdoor advertising structure/billboard roughly depicted on Exhibit "B" hereto, including any lease interests relating to said structure located on portions of APN 910-060-002 impacted by Phase II, are necessary for Phase II; and D. The City has made the offer required by Government Code Section 7267.2 to the owner of record of the Subject Property Interests the City seeks to acquire. Section 13. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report, and all documents referenced therein, all of which are incorporated herein by this reference and testimony and/or comments, if any, submitted to the City by the record owner or the owner's representative(s). These documents include, but are not limited to the City of Temecula General Plan, the offer letter and package sent to the owner pursuant to Government Code Section 7267.2, the notice pursuant to Code of Civil Procedure Section 1245.235, Resolution No. 2021-26, Resolution No. 10-14, and environmental documents relating to the Project and Phase II. Section 14. Authorization to File Eminent Domain Proceeding. The City Attorney's Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the Subject Property Interests in connection with Phase II. The approximate 52,090 square foot fee area is described more particularly on Exhibit "A" and the outdoor advertising structure/billboard impacted by Phase II is depicted on Exhibit `B" hereto. Section 15. City Manager Authority. The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding. Section 16. Certification. The City Clerk shall certify the adoption of this Resolution. 8 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of December, 2021. Maryann Edwards, 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 141h day of December, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 10 Exhibit "A" Legal Description of Approximate 52,090 Square Foot Fee Area (Caltrans Parcel 24624-1) EHIIBIT uAn LEGAL DESCRIPTION Those portions of Lots 124 and 125 per MAP of the TEMECULA LAND AND WATER COMPANY snowing the Subdivision of a Portion of the TEMECULA RANCH, situated in the City of Murrieta, County of Riverside, State of California, said map recorded in Book 8 of Maps, page 359: in the Office of the Recorder of the County of San Diego, said portions lying northeasterly of the freeway and southwesterly of the following described LINE `A::: COMMENCING at the comer common to Lot 123 and Lot 124, of said map, in the centerline of Jackson Avenue as shown on map filed in Book 142 of Records of Survey, pages 89 through 104, in the Office of the County Recorder of Riverside County; thence along the line common to said lots South 48° 17'42" West 494.16 feet to the freeway right of way and the southeasterly most comer of that certain parcel of land described in deed to the State of California recorded October 21, 1974, in Book 1974, page 134994 in Official Records of said Riverside County, said comer being the southerly terminus of the segment of line described as South 31047'59" East 856.15 feet in said deed, said comer also being the POINT OF BEGINNING of said LINE "A"; thence departing said common line and proceeding along said freeway right of way and said segment of line North 31047'56"West 207.48feet; thence departing said freeway right of way and said segment North 25000'07" West 457.28 feet to the beginning of a curve concave southwesterly and having a radius of 3550.00 feet; thence along said curve through a central angle of 7008'21" a distance of 442.34 feet; thence North 23059'51" West 175_D8 feet thence North 33°28'38" West 212.63 feet: thence South 62051'13" West 23.24 feet to the freeway right of way and the northeasterly line of that certain parcel of land described in deed to the state of California recorded February 24, 1975 in Book 1975, Page 21238 in said Official Records; thence along said freeway right of way and said northeasterly line North 27°08'47" West 143.81 feet to the northerly most angle point of said northeasterly line, and the southerly most corner of that certain parcel of land described by Directors Deed recorded October 18, 1982 in Book 1982, Page 179874 in said Official Records; thence North 27008'47" West 396.65 feet along said freeway right of way and the southwesterly line of said Directors Deed to the POINT OF TERMINUS of said LINE "A" said terminus being the intersection of said freeway right of way and the southwesterly right of way line of said Jackson Avenue - Contain i ng 52,090 square feet, more or less. Together with underlying fee interest, if any, contiguous to the above described property in and to the adjoining freeway_ 08-Riv-15-PM 8.3 112 11086-0204\2598817v1.doc EXHIBIT "A" LEGAL DESCRIPTION This Conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the STATE any and all abutteras rights including access rights, appurtenant to GRAN-FOR's remaining properly, in and to the freeway - The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 6- Divide distances shown by 0-99991351 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act - Signature: � -I ZANS Professional Land surveyor Date: September 14, 021 08-Riv-15-PM 8.3 ExP- 12/51/21 2/2 11086-0204\2598817v1.doc Exhibit `B" Rough Depiction of Subject Billboard Impacted by Phase II (Sign No. 33321) North Face SUBJECT Alft c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215. Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system. Core Value: Transportation Mobility and Connectivity Project Status: The environmental re-evaluation and design are estimated to be completed in Fiscal Year2021-22. Department: Public Works - Account No. 210.265.999.726 / PW16-01 Level: I Project Cost: Prior Years Actuals 2020-21 Adjusted 2021-22 Adopted Budget 2022-23 Projected 2023-24 2024-25 Projected Projected 2025-26 Projected Total Project Cost Administration 2,552,128 251,670 227,000 227,000 227,000 3,484,799 Construction 88,950,000 88,950,000 Construction Engineering 1,279 10,899,721 10,901,000 Design & Environmental 17,898,086 1,221,217 19,119,303 Land Acquisition 9,393,251 5,826,900 743,100 15,963,251 Utilities 1,993 1,993 Total Expenditures 29,846,738 107,149,508 970,100 227,000 227,000 138,420,346 Source of Funds: CFD 01-02 (Harveston) 1,005,840 1,005,840 DIF-Street Improvements 75,360 75,360 General Fund 4,236,174 4,236,174 INFRA Grant 50,000,000 50,000,000 Measure A 1,627,914 1,627,914 Measure S 454,000 3,837,485 970,100 227,000 227,000 5,715,585 Reimbursements 6,008,000 6,008,000 SAFETEA-LU 1,602,360 1,602,360 STIP-Surface Transportation 47,600,000 47,600,000 Improvement Program TUMF (CETAP/RCTC) 472,841 999,668 1,472,509 TUMF (RCTC) 2,343,000 2,343,000 TUMF (WRCOG) 11,450,112 5,283,492 16,733,604 Total Funding 27,673,241 109,323,005 970,100 227,000 227,000 138,420,346 Future Operating & Maintenance Costs: 71 Alk c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project 2021-22 Prior Years 2020-21 Adopted 2022-23 2023-24 2024-25 2025-26 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Total Operating Costs Notes : 1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds. 2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000). 3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW. 4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase II. 5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase II. 6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase I. 7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match). 72 pF TF.q£C G" French Valley Parkway/I-15 Improvements - Phase 11 Circulation Project Location 0 400 800 Feet Them a p FrenchValleyParkway_Phasell.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update 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 2018 Aerial Data 58 French Valley Parkway/1-15 Improvements — Phase II Larchmont Park, LLC Parcel INTERSTATE 215 EXIST R/W EXIT R';`'_,��� TrrT „� r rrr�r -r �'r � ' 910-060-003 PROPOSED FEE R— titer l 910-060-009 4 910-060-002 yp,GKSON A�lE ED G ) 1 FEE Nt 911 7I EXIST RAW Item No. 24 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 14, 2021 SUBJECT: Appoint Members to the Old Town Local Review Board and Community Services, Public/Traffic Safety and Race, Equity, Diversity, and Inclusion Commissions PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council appoint members to the Old Town Local Review Board and the Community Services, Public/Traffic Safety and Race, Equity, Diversity, and Inclusion Commissions. BACKGROUND: The City currently has the following vacancies on its boards and commissions: Old Town Local Review Board (3), Community Services Commission (2), Public/Traffic Safety Commission (1) and Race, Equity, Diversity, and Inclusion Commission (2). These vacancies were advertised and recruited for utilizing a variety of methods, including but not limited to, the printed newspaper, City website, Channel 3, social media, and community stakeholder platforms. The application period for these vacancies was September 1, 2021 — October 31, 2021. The redacted applications submitted for consideration within the time period are attached. Terms will begin January 1, 2022 and run through the December 31, 2024. It is recommended that the City Council receive applicant presentations and appoint members to the Old Town Local Review Board and Community Services, Public/Traffic Safety and Race, Equity, Diversity, and Inclusion Commissions. FISCAL IMPACT: None ATTACHMENTS: Redacted Applications Old Town Local Review ■ ■ o . Old Town Local Review Board (Three Vacancies) 1. Carla R. Burdt 2. Ronald K. Flores 3. David A. Fogg 4. Ross Jackson 5. Deborah Jankowski 6. Windy L. Johnson 7. Paula A. Minger 8. Butch Noll City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Sep 13, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile Carla R Burdt First Name Middle Initial Last Name Home Address Suite or Apt Temecula CA 92592 City State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap PF District 1 Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Old Town Local Review Board: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. Bachelor of Arts in Mass Communication - University of Maryland 2005 Bachelor of Arts in Art Education - Liberty University 2015 Master of Arts in Professional Writing - Liberty University 2020 Certified Clinical Hypnotherapist - 2020 Carla R Burdt Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. 1. Carla Burdt Hypnotherapy - Clinical Hypnotherapist - 2020 to present Certified Clinical Hypnotherapist specializing in relationships, sexuality. and intimacy. 2. US Navy - Public Affairs Officer - 2001 to present. Served as the Public Affairs Officer for Navy Recruiting District San Diego. My responsibilities included community outreach, strategic communication, and media relations. 3. Better Homes and Gardens Real Estate Registry - Director of Talent Attraction - May 2020 to present. Hiring and onboarding new and experienced real estate agents. Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. I do not have previous service experience within the city/county/state or with committees or commissions. Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. American Hypnosis Association Hypnotherapist Union 472 Volunteer, TEDx Temecula PTSA - Erle Stanley Gardner Middle School Southwest Riverside County Association of Realtors California Association of Realtors National Association of Realtors Statement of Interest Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. One word: fun! I am fun, and like to have fun. My affinity for fun makes me the perfect candidate for either the Community Services Commission and the Old Town Local Review Board. I want to serve on either of these amazing commission because of my love of fun and my love of the local community. Four years ago, my husband and I visited friends living in Temecula, and we had the opportunity to experience Old Town Temecula. We immediately loved it, and it was one of the biggest motivating factors for wanting to move to Temecula. Four years later, we still love Old Town, and I would be honored to help make it better. I feel the same way about the community services commission. I had lived here for a long time before I realized all the amazing community services offered. This has given my family and me such a great opportunity to get more involved in the community. Value Statement Carla R Burdt Question applies to multiple boards The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles. One of the things that I love about Temecula is the diverse and inclusive environment. Living here, I have met so many amazing people from all walks of life. I admire that our local government makes it a priority to ensure that everyone feels at home here. In the Navy, I have served as an equal opportunity advisor, ensuring that everyone has a workplace where he/she feels appreciated, valued and safe to be themselves. I have had the chance to go to places in the world that I have never dreamed of and met people from diverse cultures. This has taught me so much about the shared human experience and how similar we all are. References Question applies to multiple boards List Three Professional and/or Personal References (Name, Position, Phone, Email): Robert Veeder Broker/Owner, Better Homes and Gardens Real Estate Registry robertveeder@bhgregistry.com Philip Valdez Owner/CFO, Better Homes and Gardens Real Estate Registry phiIipvaldez@bhgregistry.com Riza Brigham Writer/Author Self -Selection Options Question applies to multiple boards Equal Employment Opportunity The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only. Question applies to multiple boards What is your gender? Question applies to multiple boards What range does your age fall into below? Question applies to multiple boards What is your ethnic background? Attachments Carla R Burdt Question applies to multiple boards Resume - If you wish to attach a resume, please do so here. Question applies to multiple boards Recommendations - If you wish to attach a letter of recommendation, please do so here. Question applies to multiple boards Miscellaneous - If you wish to attach other materials, please do so here. Acknowledgment Question applies to multiple boards I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act. Ff I Agree Question applies to multiple boards Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting. Carla R Burdt City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Sep 13, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile Ronald K Flores First Name Middle Initial Last Name Home Address Suite or Apt Temecula CA 92591 City State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap W District 4 Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Old Town Local Review Board: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. Certified Surveillance Professional, National Indian Gaming Association 1,11,111, Masters Certifications, National Judicial College Civil Mediation, Fair Hearings Certifications, UNLV Surveillance Directors Academy, Background Investigations, UNR Surveillance Management, Adv. Surveillance Management, Slots Management, Gaming Management Certifications, Ronald K Flores Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. Pechanga Gaming Commission 20+ years Gaming Commissioner Oversee and Regulate Gaming Activities Adjudicate on Hearings and Appeals on licensing matters. Liaison with Federal, State, and Local entities. Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. None Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. Chairman of the Pechanga Gaming Commission, Board of the International Association of Surveillance Professionals, Former Chairman of the Gaming and Wagering protection council Statement of Interest Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. I have lived here my entire life, my people have been in this valley for 10's of thousands of years. i have a personal interest as to how this city grows, moves, and thoughts given to the original people. This is my home, 48 years before the city arrived. Value Statement Question applies to multiple boards The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles. I would look at everything from an unbiased view and ensure equality and not equity. References • a . [iffm. no Question applies to multiple boards List Three Professional and/or Personal References (Name, Position, Phone, Email): Brittaney Hernandez - Commissioner Bhernandez@pechanga-pgc.com Steve Bodmer - Legal Council SBodmer@pechanga.nsn.gov Scott Easton - Surveillance Director - Seaston@pechanga-pgc.com Self -Selection Options Question applies to multiple boards Equal Employment Opportunity The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only. Question applies to multiple boards What is your gender? Question applies to multiple boards What range does your age fall into below? Question applies to multiple boards What is your ethnic background? Attachments Question applies to multiple boards Resume - If you wish to attach a resume, please do so here. Question applies to multiple boards Recommendations - If you wish to attach a letter of recommendation, please do so here. Question applies to multiple boards Miscellaneous - If you wish to attach other materials, please do so here. Acknowledgment Ronald K Flores Question applies to multiple boards I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act. V I Agree Question applies to multiple boards Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting. Ronald K Flores City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Sep 10, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile David A Fogg First Name Middle Initial Last Name Home Address Suite or Apt Temecula CA 92591 City State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap W District 4 dave@builderscapital.com Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Old Town Local Review Board: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. see resume Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. see resume David A Fogg Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. none Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. none Statement of Interest Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. I have lived in Temecula and Murrieta for 33 years. Years ago i had my office in Old Town on Sixth Street across from Texas Lils. I am now officed in the Truax Building. A client of mine, Bernard Truax II, has stoked my interest in contributing back to the City by being involved in the Old Town planning and operational process. I am a CPA and a licensed broker with many years of development experience that i would like to offer back to the City. My interaction with the city of temecula has been somewhat limited; however, if you google my company - builders capital temecula - this article will come up: https:Htemeculainformation.com/articles/publish/article_82.shtml I arranged a $140m loan for Richard Ashby's companies years ago for the development to Roripaugh Ranch. I believe my background in real estate development, as well as my experience as a CPA would be beneficial to the City. . Value Statement Question applies to multiple boards The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles. My wife and i are adoptive parents of three multi racial children. we adopted them as part of the foster care program with the county of riverside. the program is exceptional and gave us insight few parents will ever have into how tough some of these children have it. raising a family of kids that are black and latino has a number of realities related to race that i would love to share in general terms. respecting my kids rights to privacy is important, so i would need to balance those rights with my own perspective. i also have lived in Temecula/Murrieta for the last 33 years. I came here in 1990 when my job was phased out in San Diego. the houses were so affordable and the community was relatively small. we bought a house in a new community - Redhawk. A failed tract that San Diego Federal financed. The golf course was in and the houses were affordable. Not anymore. References David A Fogg Question applies to multiple boards List Three Professional and/or Personal References (Name, Position, Phone, Email): John Adams, Regional VP, Chicago Title adamsjw@ctt.com John Branch, Attorney, -john@jwbranchlaw.com Ted Hillock. licensed real estate broker, Self -Selection Options Question applies to multiple boards Equal Employment Opportunity The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only. Question applies to multiple boards What is your gender? Question applies to multiple boards What range does your age fall into below? Question applies to multiple boards What is your ethnic background? Attachments Question applies to multiple boards RESUME_ CURRENT_ David_Fogg.docx Resume - If you wish to attach a resume, please do so here. Question applies to multiple boards Recommendations - If you wish to attach a letter of recommendation, please do so here. Question applies to multiple boards Miscellaneous - If you wish to attach other materials, please do so here. Acknowledgment David A Fogg Question applies to multiple boards I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act. V I Agree Question applies to multiple boards Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting. David A Fogg DAVID A. FOGG www.linkedin.com/in/davefogg I Temecula, CA 92591 1 Page 1 of 2 Highly experienced and accomplished CFO with demonstrated success in building organizations from startup to multi -million -dollar companies. Multifamily acquisition, management and disposition. Finance and accounting leadership includes preparing consolidated financial statements, cash flow projections, capital budget, and EBITDA analysis for 40+ companies. Hold an MBA with expertise in finance and new residential development and construction. Executive Competencies include: Financial Reporting & Analysis I Cash Management Systems Development Internal Control Procedures Strategic Planning I Banker & Private Lender (Domestic/Foreign) Relationships Job Costing I Proforma Creation Budget Development/Management I Cross -Functional Collaborations I Acquisition Identification & Analysis Finance & Accounting Management I Policy & Procedures Development I Board of Directors Presentations Renegotiated Wells Fargo LOC saving $150k annual. Reduced outside accounting by $20,000 annual. 10-day month end close with detailed closing checklist. KPI design and implementation. Negotiated Marriott franchise $50M franchise agreement. Negotiated $30M hotel operator agreement. Arranged $188k PPP loan. Converted software from QuickBooks to Sage 300. Implemented month end closing procedures, cleaned up books, designed and produced cash flow, financials, project proformas (JL Red) Arranged $1B+ in project and corporate financing, including multifamily and condo conversion of rental to for sale housing. Arranged 2018 closing of a $8M SBA backed construction and take out loan for 765-unit, 118,000 square feet self -storage facility. (Builders Capital) Co -Founder of $140M residential homebuilding company, successfully building 1200+ homes and selling over 1000 lots. Distribution of $50M of profits. Former Board of Directors Member for a Nasdaq homebuilding company. • •TIFTFUM J JL REAL ESTATE DEVELOPMENT (JL RED) -Downtown Los Angeles 1 2018 to March 2020(Covid closed office — returned to my real estate brokerage practice in Temecula — see below) Development company with $500M of projects in planning or started. Approved construction of 34 story high rise in Los Angeles, 31,000 SF spec home in Bel Air and 3 healthcare facilities under construction in Las Vegas, Chief Financial Offi cer In process of arranging $300M of construction and take out loans. Negotiated $50M hotel management contract with Marriott for an Autograph brand hotel. Negotiated $30M contract for hotel operator. DAVID A. FOGG www.linkedin.com/in/`davefoggl Temecula, CA 92592 1 Page 2 of 2 Converted existing quickbooks to SAGE 300 ERP. Conversion involved design of g/I, chart of accounts/job cost categories/import and reconciliation. Established strong monthly closing procedures resulting in production of monthly financial statements within 5 business days of month end. Create KPIs, policies for accounting, human resources, estimating, and contract Design and produce real time ERP project cost reporting and estimating, including monthly cash flows. BUILDERS CAPITAL Temecula, CA 1 2008 to 2018 and 2020 to present Founded in 2008, company is involved in multiple real estate activities, including arranging construction, development and equity financing, commercial brokerage and new home construction or renovations. President - Arranged over $1B+ of debt, capital, and private equity placement, including $140M development loan for large master planned community in Temecula, Ca. Arranged closing of a $8M SBA backed construction and take out loan for 118K sf, 765-unit, largest climate -controlled self -storage facility in Riverside County. Acting CFO for real estate firm with over 40 companies. Prepare all consolidated financial statements, cash flow projections and various budgets. Direct a small staff in day to day activities. Project manager for 160,000 sf of commercial rentals. Developed 13 diverse home sales (flips), including exceptional renovation of 5,400 sf estate home in Wine Country Temecula. 34970 Calle Campo, Temecula, CA 92592 1 MLS# SW13001624 I Redfin Arranged purchase of privately owned $5M self -storage facility located in Murrieta, CA. TANAMERA HOMES, LLC 12002 to 2008 Residential homebuilder and developer. President/Co- Founder ■ Formed in 2002, built 1,200+ homes and reached $140M in peak sales of new homes. Arranged $300M in financing and capital, leading to owner distributions in excess of $50M. INCO HOMES, LLC 11998 TO 2002 Residential homebuilder and developer. CFO/Board of Director Member/Senior VP ■ NASDAQ publicly traded homebuilder - stock increased to a high of $6 per share from $2 per share. Financial statements, audit, risk management, underwriter negotiation and presentation, file form 10K, 10Q and 8S. DAVID A. FOGG www.linkedin.com/in/davefoggl Temecula, CA 92592 1 Page 2 of 2 Master of Business Administration (MBA) Degree - Honors Graduate BABSON COLLEGE - Boston, MA Bachelor of Science (BS) Degree in Business Administration and Management PLYMOUTH UNIVERSITY (UNIVERSITY OF NEW HAMSHIRE) Certified Public Accountant (NH) California Brokers License City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Sep 08, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile Ross Jackson First Name Middle Initial Last Name Home Address Suite or Apt Temecula CA 92592 City State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap W District 2 Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Old Town Local Review Board: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. USAF 72-80 Sac command NATO forces Schooling in Washington Some college course in Washington Federal highway Bridge courses Federal Environmental courses Certified as a master diver course instructor for underwater bridge inspection services Ross Jackson Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. Director of construction and development Truax Development 10 years. Managed the construction of the Truax building Owner rep for the marketplace project, the Truax Hotel project, the Truax Annex building project. Over site on all Truax building T I's. Interacted with all city planners and staff with all of these projects. 20 years working with one company locales in Seattle Washington on many government projects and local city projects. Worked as a consultant to the US Navy, Oregon department of transportation Bridge division, State of Washington department or of transportation Bridge inspection division. Worked as a insurance investigator for multiple insurance companies regarding fire damage water earthquake damage as well as construction building defects. Worked on the AEG Live project as a owners rep to the AEG group structural and hotel group. Worked with the Corp of Engineers on the first concrete swing bridge in the US. Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. Would like to continue on the OTLRB committee which been for the last 3 years Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. Currently on the BRC for QLMP which is a deep honor to be on this board. I am also currently serving on the Old Town Local Review Board serving as the Chairman of the board. This too has been a honor to serve the city. I am the vice chairman for the old local merchants and have on this board for 3 years. While working with the Truax company we were very supportive in the arts by providing space within the Truax building supported the art walk by volunteering as art judge Statement of Interest Ross Jackson Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. As you all know I am a current commissioner for OTLRB and would like to stay this has been a great honor to be associated with this board. Ensuring that all designs and standards meet or exceed the specific plan of Old Town. Now being selected to the Blue Ribbon Committee allows me to help the City obtain the goals set forth by this committee. I believe in this City and the direction they (City) want to move towards. I believe by serving on this board providing positive input and always having the people's desires in mind we can provide positive results increasing the quality of life for all. This has been a tough 21 months for us. all our citizens have concerns and want to be heard. we are the ears of them I want provide and we are here to do the will of our citizens within reason. By continuing working with the city I am fully committed in listening to all even if it means hearing the bad as well as the good. Being a vet I also know how hard it is on many of the forgotten veterans, we served our country with pride and many go homeless no means of services because of one reason or another. They don't want hand outs they are proud to serve. As with many vets I was so proud to continue my family tradition it was a honor and respect to my family and my country, however many vets feel specially the Vietnam vets still feel like we are the lost vets. It was a hard time for all. We as a country have learned from those mistakes but still fall short as a community I have seen many times we pay lip serve in saying "thank you for your service " saying the makes them feel good about themselves not realizing that not they need to hear. There is a gap in providing these vets globally. I will do everything in my role as a vet to help enhance our great city on doing whatever we can to not just say the words but show the words in action and support. We have banners all around our city showing those who are serving now that's where it ends in my opinion. We are as proud of them as we should be as proud of them who served before them. Whether you served 1 year or 20 years we had one goal in mind to serve to the best we can protect this great country we live in and protect all those who need our protection. In closing by being involved in the city and all the opportunities to help this this is City be best we can is an honor only those who serve understand what we collectively feel. Thank you all in reading this application for my retention to my current position on the Old Town Local Review Board. No matter where it's on this board or any board I will serve proudly and support our community goals. Value Statement Question applies to multiple boards The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles. To ensure we continue to create a great place to live and raise our families where we can live work and play together. The statement would you uphold and contribute to those principles, my answer is yes in actions not just the word yes. Judge not, less you be judged. my actions are my words what is best for one will be the best for all to the nest of my abilities. References Question applies to multiple boards List Three Professional and/or Personal References (Name, Position, Phone, Email): Julie ngo,farmers insurance owner Will Joyce Allstate insurance owner Ed Doole, what more can I say about this man that you don't already know. Bob Erickson Gill Company Darren Gill, owner of the Gill Company Walt Allen owner of walt allen architects Self -Selection Options Ross Jackson Question applies to multiple boards Equal Employment Opportunity The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only. Question applies to multiple boards What is your gender? Question applies to multiple boards What range does your age fall into below? Question applies to multiple boards What is your ethnic background? Attachments Question applies to multiple boards Resume - If you wish to attach a resume, please do so here. Question applies to multiple boards Recommendations - If you wish to attach a letter of recommendation, please do so here. Question applies to multiple boards Miscellaneous - If you wish to attach other materials, please do so here. Acknowledgment Question applies to multiple boards I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act. PF I Agree Question applies to multiple boards Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting. Ross Jackson City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Sep 07, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile Deborah First Name Home Address Temecula City Jankowski Middle Initial Last Name Suite or Apt CA 92591 State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap * W District 5 deborahjankowski@crpswarriorsfoundation.org Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Old Town Local Review Board: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. Associates in Criminal Justice Certificate for Sport Agent Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. CRPS Warriors Foundation CEO/Founder/President 29910 Murrieta Hot Springs Rd, G143 Murrieta, CA 92591 500 N Rainbow Blvd Ste 300 Las Vegas, NV 89107 May 2020- present February 2015 - disabled Deborah Jankowski Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. Temecula Valley Chamber Ambassador 2020-2021 CRPS Warriors Foundation Board Director 2020- present Temecula Wine Country Classic Committee Co -Chair 2021 State of the City Temecula Committee Co -Chair 2021 Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. CRPS Warriors Foundation -Nonprofit CEO/Founder May 2020-present National Night Out Volunteer 1996-2011 Shop with a Cop Volunteer 2003-2011 Temecula Chamber Ambassador Volunteer 2020-2021 Organized family Turkey dinners for less fortunate Volunteer 2003-2006 Statement of Interest Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. I love our city and community. I own a nonprofit to help people battle a rare disease that has no cure and I do not get paid to do this. I believe in giving back. I belong to 3 chamber of commerce's and have attended more meetings since Covid hit then I have since I started working when I was 15 and am now 52. 1 love Old Town Temecula and when I first moved to to Temecula I moved to the apartments at the end of Old Town. I believe I have the heart and dedication to ensure that we provide the best for for our city and community and what's right to preserve the beauty of Old Town Temecula for not only our residents of Temecula but visitors from all around. I'm disabled and the only thing I do now is volunteer for my foundation and help out with the Temecula, Murrieta and Las Vegas Chambers, I would Love to be a part of this amazing team. Value Statement Question applies to multiple boards The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles. I run a Nonprofit organization that follows these same high standards. I treat everyone with the same respect, support, and kindness no matter what they're backgrounds are or who they are. To make us successful in anything we do we need to work together! One of my favorite sayings was said to me by a doctor I work with on our foundation, "It takes a village, and we are that village!" Stronger together we can accomplish great things. Nobody should ever be excluded based on gender, race, religious, economical, sexual orientation, or disability. Thank you for your consideration! References Deborah Jankowski Question applies to multiple boards List Three Professional and/or Personal References (Name, Position, Phone, Email): Brooke Nunn - CEO Temecula Valley Chamber, Brooke@temcula.org Myke Monroe - Membership/Business Development Murrieta Chamber, myke@mwcoc.org 951-677-7916 ext4 Shannon Linville- CFO CRPS Warriors Foundation shannonlinville@crpswarriorsfoundation.or Self -Selection Options Question applies to multiple boards Equal Employment Opportunity The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only. Question applies to multiple boards What is your gender? Question applies to multiple boards What range does your age fall into below? Question applies to multiple boards What is your ethnic background? Attachments Question applies to multiple boards Resume - If you wish to attach a resume, please do so here. Question applies to multiple boards Recommendations - If you wish to attach a letter of recommendation, please do so here. Question applies to multiple boards Miscellaneous - If you wish to attach other materials, please do so here. Acknowledgment Deborah Jankowski Question applies to multiple boards I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act. V I Agree Question applies to multiple boards Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting. Deborah Jankowski City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Sep 07, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile Windy L Johnson First Name Middle Initial Last Name Home Address Suite or Apt Temecula CA 92592 City State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap PF District 1 Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Old Town Local Review Board: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. See Resume Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. See Resume Windy L Johnson Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. None Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. Saint Jeanne de Lestonnac School Parent Volunteer Statement of Interest Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. I have reached a point in my life where I am ready to give back more fully to the community where we raised our family. We have lived and loved living in Temecula for over 20 years. We've witnessed historic growth and development and seen businesses flourish and flounder. My husband and I have attended city meetings regarding the placement of stoplights; we've attended school board meetings when we feel our expectations are not being met. The Fourth of July parade in Old Town was a yearly tradition for us and both of our daughters have marched in the parade at one point. We've ice skated in Old Town and celebrated New Year's Eve there as well regularly patronizing the stores and restaurants. As I see it, Temecula is and has been a beautiful town to call home, yet my fresh perspective, my guiding hand, and my clear eyes will lead it into the glory years. Value Statement Question applies to multiple boards The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles. To uphold the principles of equity, diversity, and inclusion I would quite simply be true to my own self. I am a confident woman who is strong in faith values, and justice. In fact, my maiden name is Just and during college, I had several professors remark that I always has a "just" way of looking through a lens. References Question applies to multiple boards List Three Professional and/or Personal References (Name, Position, Phone, Email): Kristen Mora, Principal St. Jeanne de Lestonnac School, kmora@sjdls.com Heather Janikowski, co-worker, Shelly Bendykowski, co-worker,- sbendykowski@sjdls.com Windy L Johnson Self -Selection Options Question applies to multiple boards Equal Employment Opportunity The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only. Question applies to multiple boards What is your gender? Question applies to multiple boards What range does your age fall into below? Question applies to multiple boards What is your ethnic background? Attachments Question applies to multiple boards Windy_ Johnson_resume.pdf Resume - If you wish to attach a resume, please do so here. Question applies to multiple boards Recommendations - If you wish to attach a letter of recommendation, please do so here. Question applies to multiple boards Miscellaneous - If you wish to attach other materials, please do so here. Acknowledgment Question applies to multiple boards I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act. W I Agree Windy L Johnson Question applies to multiple boards Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting. Windy L Johnson Windy Johnson SUMMARY An enthusiastic and dedicated employee who strives to actively engage in meaningful life experiences to develop my full potential. Highly motivated, creative, and flexible team player who has managed and mentored young professionals. Works well with a variety of personality types. PROFESSIONAL EXPERIENCE TEACHER I ST. JEANNE DE LESTONNAC August, 2009 - Present I Temecula, CA • Provides a structured and nurturing learning environment with clear expectations that encourage students to perform at their high level of excellence • Implements differentiation strategies with learning centers to address the various educational needs of 24 plus students • Collaborates with coworkers and administration with planning, supporting, and sharing school -wide responsibilities as well as the success of all students • Communicates with parents on a regular basis through the use of emails, phone calls, conferences, and weekly newsletters • Observes, plans, and develops meaningful lessons and activities to promote growth mindset in the classroom COUNSELOR and EDITOR I ADVANCED COLLEGE SOLUTIONS September, 2007 - June, 2009 1 Temecula, CA • Responsible for editing student's college admissions essays • Edited and proofread student's college applications • Facilitate the college application process for students and parents PRODUCATION EDITOR PINE FORGE PRESS June, 1997 - April, 1999 Thousand Oaks, CA • Produced and edited over 100 college text books in the fields of Sociology, Sociology of Family, among others • Managed the production process from manuscript stage to bound book, meeting deadlines • Edited and proofread titles for grammatical inconsistencies EDITOR I PRICE STERN SLOAN June, 1995 - June, 1997 1 Los Angeles, CA • Edited and authored a variety of children's books including, but not limited to: Mad Libs, WorkStation, PlayStation, calendars, Muppets titles, and individual titles • Edited titles for factual information as well as grammatical correctness • Worked directly with authors, outside editors, proof readers, coov editors to meet deadlines I:K6l211HMom FO 13 Temecula, CA 92592 CERTIFICATION STATE OF CALIFORNIA Cerro Coso Community College Child Development Teacher EDUCATION BACHELOR OF ARTS Pepperdine University December, 1994 English Major Spanish Minor City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Sep 02, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile Paula A Minger First Name Middle Initial Last Name Home Address Suite or Apt Temecula CA 92591 City State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap W District 4 Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Old Town Local Review Board: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. High School 1969 and LVN license 1973 Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. Retired Business owner for majority of my life. Sold to Clntas Corp Paula A Minger Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. None Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. None Statement of Interest Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. I retired to Temecula in 2012 My husband and I absolutely love this City and want to maintain the small town feel while keeping up with the times Value Statement Question applies to multiple boards The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles. I support these principles for all our citizens References Question applies to multiple boards List Three Professional and/or Personal References (Name, Position, Phone, Email): After I've learned more about the position Self -Selection Options Question applies to multiple boards Equal Employment Opportunity The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only. PaulaA Minger Question applies to multiple boards What is your gender? Question applies to multiple boards What range does your age fall into below? Question applies to multiple boards What is your ethnic background? Attachments Question applies to multiple boards Resume - If you wish to attach a resume, please do so here. Question applies to multiple boards Recommendations - If you wish to attach a letter of recommendation, please do so here. Question applies to multiple boards Miscellaneous - If you wish to attach other materials, please do so here. Acknowledgment Question applies to multiple boards I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act. V I Agree Question applies to multiple boards Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting. PaulaA Minger City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Sep 07, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile Butch Noll First Name Middle Initial Last Name Home Address Suite or Apt Temecula CA 92592 City State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap W District 3 Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Old Town Local Review Board: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. Waynesburg University (PA) Penn State University (PA) Harassment Prevention For Supervisor Butch Noll Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. Thermal Electronics, Inc President. Responsible for all activities including managing all employees, manufacturing processes and budgets. We are very active in the City of Lake Elsinore and work directly with the Manager and teams. I was on the Round Table discussion group with the Manager Grant Yates. Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. Round Table City Management group led by Lake Elsinore City Manager. Residential Design and Review Committee (Woodlands TX) Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. NA Statement of Interest Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. My son has graduated College and moved to Oregon. My wife and I have decided to lock in and maintain our roots locally and I want to get more involved now that I have more time. I feel this city has so much more opportunity for growth especially with tourism and visitors from near and far. Old Town and the Wineries offer so much as well as diversity for all flavors. Value Statement Question applies to multiple boards The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles. This is easy. Temecula already offers diversity and the idea is to not maintain it but to increase the exposure for all to feel welcomed into our community. References Butch Noll Question applies to multiple boards List Three Professional and/or Personal References (Name, Position, Phone, Email): Jeff Lawrence - Temecula Community Services Mang er. Lisa Dana - AppleOne Employment Agency Manager (Old Town). Idana@appleone.com Mark Manfield - Owner Lorimar Winery. Self -Selection Options Question applies to multiple boards Equal Employment Opportunity The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only. Question applies to multiple boards What is your gender? Question applies to multiple boards What range does your age fall into below? Question applies to multiple boards What is your ethnic background? Attachments Question applies to multiple boards Resume - If you wish to attach a resume, please do so here. Question applies to multiple boards Recommendations - If you wish to attach a letter of recommendation, please do so here. Question applies to multiple boards Miscellaneous - If you wish to attach other materials, please do so here. Acknowledgment Butch Noll Question applies to multiple boards I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act. V I Agree Question applies to multiple boards Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting. Butch Noll Community Services Commission Community Services Commission (Two Vacancies) 1. Douglas C. Barker 2. Venus M. Becker 3. Martin Bermudez 4. Carla R. Burdt 5. Richard J. Carrillo 6. Amanda M. DeGoede 7. Adam M. Eventov 8. William Folger 9. Ben Foster 10. Alexandra E. Galeano 11. Sandra S. Greenberg 12. Yuan Hawkes 13. Paula B. Keiser 14. Jeff Kingsberg 15. Janine Klaisle 16. Matthew K. Krueger 17. Gary Lane 18. Halsey J. Menendez 19. Gary Oddi 20. Teresa Peters 21. Traci L. Russell 22. Anthony E. Tyszka City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Oct 23, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile Douglas C Barker First Name Middle Initial Last Name Home Address Suite or Apt Temecula CA 92592 City State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap W District 2 Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Community Services Commission: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. Pepperdine University - 1986 - Business Communications and Political Science EMT - Hazardous Materials - Firefighter Douglas C Barker Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. City Of Vernon -Firefighter - 1992-2019 - 4305 S Santa Fe Ave Vernon CA 90058 Community and customer service. Public Information Officer. Provided protection for the city of Vernon and surrounding areas. Hazardous Materials Specialist and EMT. Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. none Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. City of Mission Viejo Nadadores Masters Swim TEAM Statement of Interest Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. I have trained and interacted with city personnel at the community recreation center. I have attended these events and facilities. - city Grape drop - annual rod run - Christmas tree lighting - Temecula theater - Temecula museum As a firefighter I was very involved with community outreach to homeless and actively helping improved living conditions. the city of Vernon was very active in community outreach and community service with an emphasis on customer service. For over 20 years I was assigned the station adjacent to city hall our station was assigned to participate in community events, parades, special events, fairs, judging Halloween costumes at the local schools. My crew and I represented the city of Vernon at these functions. At these functions is where I gained respect and pride for the community services department. I would like to bring my experience in working with community services to the city of Temecula. I have lived in Temecula for over 20 years I appreciate how much the community service department gives to the city of Temecula. Value Statement Douglas C Barker Question applies to multiple boards The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles. Everyone should have fair access. It's about creating a fair playing field. I feel that all people should be included. As a firefighter working in south central Los Angeles, I had the opportunity to interact with people from all around the world. Even within my own fire department it was vital that everyone was treated the same, had the same opportunities and everyone felt included. I would bring my experience and training to this position. References Question applies to multiple boards List Three Professional and/or Personal References (Name, Position, Phone, Email): Sheryl Gay- Realtor - Chris Shore - Director of Instruction Murrieta School district - - cshoreptvusd.kl2.ca.us Carol Wilson - Office Manager Optometrist - �- bearcreekeyecare.com Self -Selection Options Question applies to multiple boards Equal Employment Opportunity The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only. Question applies to multiple boards What is your gender? Question applies to multiple boards What range does your age fall into below? Question applies to multiple boards What is your ethnic background? Attachments Question applies to multiple boards Resume - If you wish to attach a resume, please do so here. Douglas C Barker Question applies to multiple boards Recommendations - If you wish to attach a letter of recommendation, please do so here. Question applies to multiple boards Miscellaneous - If you wish to attach other materials, please do so here. Acknowledgment Question applies to multiple boards I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act. IW I Agree Question applies to multiple boards Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting. Douglas C Barker City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Oct 06, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile Venus M Becker First Name Middle Initial Last Name Home Address Suite or Apt Temecula CA 92592 City State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap W District 4 Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Community Services Commission: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. Real Estate License AS Business Administration Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. See Resume Venus M Becker Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. Rancho Glen Oaks Homeowners Association - Board Member - 2021 Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. Rancho Glen Oaks Homeowners Association - Board Member - 2021 Pauba Valley PTA - PTA Member - 2018-2019 Crowne Hill Elementary School PTA - PTA Member/School Volunteer - 2017-2019 Statement of Interest Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. I want to serve on the commission because it's my way of serving the community and giving back. I am the first person in my family to be born in this country, and I'm proud of this country. I wanted to serve in the military but due to my health, I wasn't able to. Serving the community in this capacity allows me the opportunity to serve my country - even if it's just a small portion of the country with my local community. As a community member I attend as many city sponsored events with my family as possible- in fact we look forward to the Christmas events every year. I have been actively involved in my children's schools for many years and now I am a member of my HOA board of directors. I am involved because I want to make a positive difference for everyone - it is important to be actively engaged and involved in your community and that is exactly what I continue to do. It's important to set an example for our children and more importantly, to ensure that the environment in which our children are exposed is a positive one. Currently, I am an Account Executive with AtWork Staffing Services where I engage with many members of the community, both businesses and community members. It is my responsibility to ensure that every person I meet with feels that they are heard and their needs/wants are met. I am also a licensed real estate agent with Keller Williams. Once again, I engage with many members of the community to help them with their greatest asset - their home. And lastly, I am currently serving as board member on my board of directors HOA panel. In all three of these roles I am actively engaging with members of the community - all different ages, races, political ideas, and it is my responsibility in every role to ensure that they feel their voices are heard, that they matter, and that they are included. I believe it is my engagement and ability to empathize with people, the ability to put myself in their shoes, that makes me an ideal candidate for serving with the City of Temecula. Value Statement Venus M Becker Question applies to multiple boards The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles. As a first generation American I am the first person in my family to be born in this country. I understand the importance of inclusion and ensuring that everyone feels that they have a voice. I want to help create the bridge between the city members and Spanish speakers and others of color. Especially in these volatile societal times, it's important that all community members, regardless of color, race, background, sexual orientation, that everyone feels that their voice matters. I know what it's like to have to live with that uncertainty of knowing whether or not your voice matters, so I can relate. References Question applies to multiple boards List Three Professional and/or Personal References (Name, Position, Phone, Email): Ryan Gaut/Professional and Personal/Activities Director Briana Gray/Professional/Supervisor Dairia Hidalgo/Professional/Office Coordinator Self -Selection Options Question applies to multiple boards Equal Employment Opportunity The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only. Question applies to multiple boards What is your gender? Question applies to multiple boards What range does your age fall into below? Question applies to multiple boards What is your ethnic background? Attachments Question a plies to multiple boards Venus Resume 2021 - _Uadated.docx Resume - If you wish to attach a resume.. please do so here. Venus M Becker Question applies to multiple boards 4429_001.pdf Recommendations - If you wish to attach a letter of recommendation, please do so here. Question applies to multiple boards Miscellaneous - If you wish to attach other materials, please do so here. Acknowledgment Question applies to multiple boards I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act. W I Agree Question applies to multiple boards Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting. Venus M Becker IM=I PERSONNEL 9/21/21 Re: Reference Letter for Venus Becker To whom it may concern: Venus Becker is an Account Executive with @Work Personnel in Temecula, CA. She is a hard worker and strives to employ as many individuals in the valley with her clients as she can. In the short time she has been with us, she has built strong relationships with her clients, candidates, and team members. She is dependable and reliable and has what it takes to be successful. Venus has a passion to help others and wants to give back to her community. I feel she would be a great addition to any part of the City Council's organization. Since y, Ju Contreras Director of Operations/HR 951-297-3591 x 103 jontreras@atwork.com Venus Becker Phone: Email: Summary Statement Recruiting and sales specialist with over 10 years of experience. Quick thinking, versatile and bilingual professional with management experience ranging from small local teams to nationwide remote teams resulting in knowledge requirements of state laws for several states. Employment History Valuations Recruiter Mueller Reports, Tonawonda, NY • Prospect and lead generate through phone calls and online searches • Contacted and hired appraisers as W2 nationwide (including AK and HI) • Made over 600 cold calls a month • 100% cold calling • Hired 15-20 appraisers a month for bifurcation assignments as W2 employees • Met and exceeded weekly department goals • Remotely maintained a 90% job fill rate average over 10 regions • Managed appraiser progress throughout the hiring process • Responsible for whole state territories Realtor Associate Self Employed, Temecula, CA • Prospect and lead generate through in person meetings, phone calls and open houses • Work closely with buyers and sellers to lead the sales transaction • Negotiate contracts and handle client issues Recruiting Coordinator Welk Resorts Group, Escondido, CA • Remotely maintained a 90% job fill rate average over six locations • Hired 15-20 applicants a month through six regions • Screened over 150 applicants a month Sales Associate Welk Resorts Group, Escondido, CA • Sold vacation trial packages to touring guests • Achieved and maintained a 10% close rate • Reached top commission bonus levels as #2 sales agent Post Tour Ambassador Welk Resort Group Inc, San Marcos, CA • Developed, implemented and hosted three live webinars for owner training • Launched a customized digital platform to obtain feedback from touring guests maintaining an 85% guest satisfaction rating • Advocated for the company in social media spaces engaging in dialogue with guests, owners and the public • Responsible for maintaining a positive public image for the brand Marketing Team Lead Hilton Grand Vacations Club, Los Angeles, CA • Opened HGVCs first IPC marketing location in Los Angeles • Managed a team of 5 team members • Sold vacation packages for HGVC properties • Identified new market segment opportunities • Created and implemented strategies to increase sales within market segments Marketing Team Lead Grand Pacific Resorts Inc, Carlsbad, CA • Opened two hotel marketing locations in San Diego County • Recruited for new locations • Managed a marketing staff of 11 intermittently • Sold vacation packages for HGVC property MarBrisa • Identified new market segment opportunities • Created and implemented strategies to increase sales within market segments City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Sep 09, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile Martin First Name Home Address Temecula City Bermudez Middle Initial Last Name Suite or Apt CA 92591 State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap * W District 4 Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Community Services Commission: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. Bachelor's Degree in English Literature from California State University, Northridge. (See Resume) Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. I have been employed as a Senior Home Loan Advisor for the past 5 years. (See Resume) Martin Bermudez Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. No Board or Commission Service History. I have lived in Temecula and raised my family here since December of 2005. (See Resume) Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. (See Resume) Statement of Interest Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. I wish to serve on this Commission because I genuinely care about the health, well-being and prosperity of all Temecula's Citizens. I have served thousands of families over the years and helped bring long- lasting wealth into their lives through Home Ownership. I am grateful to Temecula for the opportunities and helping me build a great business and create a great home for my beloved Family. I have been a very active participant, contributor, patron and cheerleader for great local organizations like the Temecula Chamber of Commerce, Southwest Riverside County Association of Realtors (SRCAR), Safe Alternatives For Everyone, National Association of Hispanic Real Estate Professionals (NAHREP), National Association of Real Estate Brokers and Realtists (NAREB), Asian Real Estate Association (AREAA). It's a great time in my life to serve and be a guardian of Temecula's unique heritage, quality of life and inclusiveness. My goal is for Temecula to become the Greatest City in America and I have a lot to offer our Community so that we can continue to be a Model City not only now but for generations to come. Thank you! Value Statement Question applies to multiple boards The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles. I would uphold these values by living these values everyday, in both my personal and business dealings. This is not difficult when you truly and deeply respect your fellow men & women and wish only the very best for them and their families. Diversity and Inclusion are also easy to uphold when you reflect on the richness that diverse cultures bring to our area and amazing business opportunities that deliver on the promise of prosperity for all. A sense of Mission is important. I do not underestimate the importance of these board positions. Public Services is a Noble Calling and I am truly in awe of those that serve our Community everyday. References Martin Bermudez Question applies to multiple boards List Three Professional and/or Personal References (Name, Position, Phone, Email): k Schwab, CEO, Brad Smith, Financial Advisor, Tommy Dutcher, Title Company Executive, Self -Selection Options Question applies to multiple boards Equal Employment Opportunity The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only. Question applies to multiple boards What is your gender? Question applies to multiple boards What range does your age fall into below? Question applies to multiple boards What is your ethnic background? Attachments Question applies to multiple boards Martin_ Bermudez_ Magnum Opus _2021.pdf Resume - If you wish to attach a resume, please do so here. Question applies to multiple boards Recommendations - If you wish to attach a letter of recommendation, please do so here. Question applies to multiple boards Miscellaneous - If you wish to attach other materials, please do so here. Acknowledgment Martin Bermudez Question applies to multiple boards I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act. V I Agree Question applies to multiple boards Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting. Martin Bermudez Martin Bermudez Temecula CA 92591 Experienced Mortgage Sales and Management Professional well versed in Building Lasting Relationships with Clients, Business Partners & Peer Groups in a Production Environment. My Goal is to use my Experience and Education to Achieve the Highest Quality of Leadership possible, bringing Satisfaction and Mutual Benefits to my Employer, Myself and the Customers we serve. Career Experience Bank of the West, Newport Beach Mortgage Banker 02/20 — Present • Origination of Purchase & Refinance loans in a Both a High Net -Worth Private Client & Emerging Markets Environment. • Build -out, Recruitment, Hiring and Training of Mortgage Bankers at my Mortgage -Only Branch location. • Top -Producer Level Personal Production in a 100% Self -Sourced Non -Network Market. • Emerging Markets Product Development and Implementation in Urban, Suburban and Rural Markets Wells Fargo Home Mortgage, Temecula 02/19 — 01/20 Senior Home Mortgage Consultant • Origination of Purchase & Refinance loans in Diverse Markets at the Top -Producer Level. (Jumbo/FHANA/USDA/Conventional) • Consumer Direct Mortgage Production in Distributed Retail environment specializing in a Realtor Partnership Business Model. Guaranteed Rate, Temecula 11/18 — 02/19 Loan OfficerNP of Mortgage Lending • Origination of Purchase & Refinance loans in Diverse Markets (Jumbo/FHANA/USDA/Conventional) at the Top -Producer Level with special emphasis on Self -Sourced Purchase Business. Stearns Lending, Temecula 04/18 — 10/18 Branch Manager • Origination of Purchase & Refinance loans in Diverse Markets (Jumbo/FHANA/USDA/Conventional) at the Top -Producer Level with special emphasis on Self -Sourced Purchase Business. • Comprehensive Sales Management. Recruitment & Training. Brand -Building in Expansion Markets. RPM Mortgage Inc., Corona 09/16 — 04/18 Branch Manager • Origination of Purchase & Refinance loans in Diverse Markets (Jumbo/FHANA/Conventional) at the Top -Producer Level with special emphasis on Self -Sourced Purchase Business. • Comprehensive Sales Management. Recruitment & Training. Brand -Building in Expansion Markets. Academy Mortgage Corporation, Temecula 12/14 — 08/16 Branch Manager • Origination of Purchase & Refinance loans in Diverse Markets (Jumbo/FHANA/USDA/Conventional) at the Top -Producer Level with special emphasis on Self -Sourced Purchase Business. • Comprehensive Sales, Underwriting, and Operations Management. Recruitment. Brand -Building. P&L Governance. New Penn Financial, San Diego 09/14 —12/14 Senior Loan Consultant • Origination of Purchase & Refinance loans in Diverse Markets (Jumbo/FHANA/Conventional) at the Top - Producer Level with special emphasis on Self -Sourced Purchase Business. New American Funding, San Diego 02/14 — 09/14 Senior Loan Consultant • Origination of Purchase & Refinance loans in Diverse Markets (Jumbo/FHANA/USDA/Conventional) at the Top -Producer Level with special emphasis on Self -Sourced Purchase Business. Citibank, San Diego 07/13 — 02/14 Senior Home Mortgage Consultant • Origination of Purchase & Refinance loans in Diverse Markets (Jumbo/FHA/VA/Conventional) with special emphasis on Self -Sourced Business within the Retail Partnership Channel. PNC Bank, San Diego 01/13 — 07/13 Senior Loan Officer • Origination of Purchase & Refinance loans in Diverse Markets with special emphasis on Self -Sourced Business HSBC Bank USA, San Diego 02/12 — 01/13 Premium Mortgage Consultant • Origination of Purchase & Refinance loans with special emphasis on Jumbo Purchase Loans and Self -Sourced Business in a High Net -Worth Client environment JPMorgan Chase, Carlsbad 01/09 — 03/10 Senior Loan Officer • Origination of Purchase & Refinance loans at the Top Producer Level in both a high -volume Private Client Market as well as Emerging Markets Environment. Bank of the West, San Diego 09/07— 01/09 Senior Home Mortgage Consultant. • Origination of Purchase & Refinance loans in a High Net -Worth Private Client & Emerging Markets Environment. Wells Fargo Home Mortgage, San Diego 02/07 —09/07 Sales Mana eg_r. • Comprehensive Sales Team Management. Recruitment, Hiring & Training. • Excellence in Loan Quality, High -Volume Loan Origination at the Top -Producer Level. Downey Savings, San Diego 12/05 —02/07 Senior Loan Officer. • Comprehensive Sales Team Management. • Excellence in Loan Quality, High -Volume Loan Origination at the Top -Producer Level. US Bank, Santa Monica 02/04 —09/04 Sales Manager. • Comprehensive Sales Team Management. • Excellence in Loan Quality, High -Volume Loan Origination at the Top -Producer Level. Countrywide Home Loans, Los Angeles 03/02 —07/03 Branch Manager. • Comprehensive Sales Team Management. • Excellence in Loan Quality, High -Volume Loan Origination at the Top -Producer Level. Broadway Federal Savings, Los Angeles 10/95 —03/02 Chief Lending Officer. • Comprehensive Loan Sales & Operations Team Management. • Recruitment, Hiring & Training of Sales & Fulfillment Staff throughout Los Angeles & Orange Counties • Writing of Master Agreements, Portfolio Management, Secondary Market, Bulk Sales. • Underwriting and Quality Control of Residential Mortgage Loans. • Excellence in Loan Quality, High -Volume Loan Origination at the Top -Producer Level. Home Savings of America, Los Angeles 09/94 —09/95 Loan Officer. • Origination of Purchase & Refinance Mortgage Loans in a high -volume environment. • Wide Range of Business Development Activities and Community Outreach Activities. • Broad -based Marketing to Professional Groups, Non -Profit Organizations and Consumer Direct. • Excellence in Loan Quality, High -Volume Loan Origination at the Top -Producer Level. Education School of Arts and Humanities, English Language and Literature California State University, Northridge Liberal Studies Our Lady, Queen of Angels Seminary College Preparatory Skills/Languages Fluent English and Spanish Virtuoso Sales Trainer, Seminar Presenter and Public Speaker. Microsoft Office Applications and Most Mortgage -Specific Applications including Encompass, Point, Unifi aka HALO, LoanSoft, PC Lender, IHM, LQB & Others City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Sep 13, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile Carla R Burdt First Name Middle Initial Last Name Home Address Suite or Apt Temecula CA 92592 City State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap PF District 1 Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Community Services Commission: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. Bachelor of Arts in Mass Communication - University of Maryland 2005 Bachelor of Arts in Art Education - Liberty University 2015 Master of Arts in Professional Writing - Liberty University 2020 Certified Clinical Hypnotherapist - 2020 Carla R Burdt Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. 1. Carla Burdt Hypnotherapy - Clinical Hypnotherapist - 2020 to present Certified Clinical Hypnotherapist specializing in relationships, sexuality. and intimacy. 2. US Navy - Public Affairs Officer - 2001 to present. Served as the Public Affairs Officer for Navy Recruiting District San Diego. My responsibilities included community outreach, strategic communication, and media relations. 3. Better Homes and Gardens Real Estate Registry - Director of Talent Attraction - May 2020 to present. Hiring and onboarding new and experienced real estate agents. Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. I do not have previous service experience within the city/county/state or with committees or commissions. Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. American Hypnosis Association Hypnotherapist Union 472 Volunteer, TEDx Temecula PTSA - Erle Stanley Gardner Middle School Southwest Riverside County Association of Realtors California Association of Realtors National Association of Realtors Statement of Interest Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. One word: fun! I am fun, and like to have fun. My affinity for fun makes me the perfect candidate for either the Community Services Commission and the Old Town Local Review Board. I want to serve on either of these amazing commission because of my love of fun and my love of the local community. Four years ago, my husband and I visited friends living in Temecula, and we had the opportunity to experience Old Town Temecula. We immediately loved it, and it was one of the biggest motivating factors for wanting to move to Temecula. Four years later, we still love Old Town, and I would be honored to help make it better. I feel the same way about the community services commission. I had lived here for a long time before I realized all the amazing community services offered. This has given my family and me such a great opportunity to get more involved in the community. Value Statement Carla R Burdt Question applies to multiple boards The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles. One of the things that I love about Temecula is the diverse and inclusive environment. Living here, I have met so many amazing people from all walks of life. I admire that our local government makes it a priority to ensure that everyone feels at home here. In the Navy, I have served as an equal opportunity advisor, ensuring that everyone has a workplace where he/she feels appreciated, valued and safe to be themselves. I have had the chance to go to places in the world that I have never dreamed of and met people from diverse cultures. This has taught me so much about the shared human experience and how similar we all are. References Question applies to multiple boards List Three Professional and/or Personal References (Name, Position, Phone, Email): Robert Veeder Broker/Owner, Better Homes and Gardens Real Estate Registry robertveeder@bhgregistry.com Philip Valdez Owner/CFO, Better Homes and Gardens Real Estate Registry phiIipvaldez@bhgregistry.com Riza Brigham Writer/Author Self -Selection Options Question applies to multiple boards Equal Employment Opportunity The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only. Question applies to multiple boards What is your gender? Question applies to multiple boards What range does your age fall into below? Question applies to multiple boards What is your ethnic background? Attachments Carla R Burdt Question applies to multiple boards Resume - If you wish to attach a resume, please do so here. Question applies to multiple boards Recommendations - If you wish to attach a letter of recommendation, please do so here. Question applies to multiple boards Miscellaneous - If you wish to attach other materials, please do so here. Acknowledgment Question applies to multiple boards I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act. Ff I Agree Question applies to multiple boards Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting. Carla R Burdt City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Sep 08, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile Richard J Carrillo First Name Middle Initial Last Name Home Address Suite or Apt Temecula CA 92592 City State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap W District 1 rjcarriI@travelers.com Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Community Services Commission: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. Bachelors Degree UCLA CPCU Chartered Property and Casualty Underwriter SCLA Senior Claims Law Associate AIC Associate in Claims Richard J Carrillo Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. Assistant Vice President - Travelers Insurance Company 21688 Gateway Center Drive Diamond Bar, Ca 91765 1 manage 31 employees who handle complex litigation for Travelers Insurance Company Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. I worked for the City of Huntington Beach, Recreation and Parks Department as a Park assistant 3 years. I worked for the City of Culver City as a park assistant. Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. I currently volunteer for the Diversity and Inclusion Committee at Travelers Insurance. I serve as the co - lead of the committee and we work towards developing community outreach programs to serve the local community. Statement of Interest Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. I have historically served organizations that i have worked for and been involved with. I have lived in Temecula for over 20 years and i love this city. I have served in this community by coaching over 20 Temecula Youth Basketball teams. I have also served thru my church on various outreach programs. think my work experience and community involvement would be a good fit for the Community Service group. I would be honored to serve if chosen for the position. Value Statement Question applies to multiple boards The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles. I serve on the diversity, inclusion and equity commission for my company Travelers Insurance. I am a minority. My parents came to this country from Colombia South America. These are values that have impacted me personally and ones that i hold true in my life. References Richard J Carrillo Question applies to multiple boards List Three Professional and/or Personal References (Name, Position, Phone, Email): Antony Vandermoore- Severity Unit Manager- AVENDERMOORE@Travelers.com Shelli Gill- Senior Tech Specialist - SGILL@Travelers.com Rochelle Ware- Frequency Unit Manager- RWARE@Travelers.com Self -Selection Options Question applies to multiple boards Equal Employment Opportunity The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only. Question applies to multiple boards What is your gender? Question applies to multiple boards What range does your age fall into below? Question applies to multiple boards What is your ethnic background? Attachments Question applies to multiple boards Resume - If you wish to attach a resume, please do so here. Question applies to multiple boards Recommendations - If you wish to attach a letter of recommendation, please do so here. Question applies to multiple boards Miscellaneous - If you wish to attach other materials, please do so here. Acknowledgment Richard J Carrillo Question applies to multiple boards I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act. V I Agree Question applies to multiple boards Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting. Richard J Carrillo City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Oct 13, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile Amanda M DeGoede First Name Middle Initial Last Name Home Address Suite or Apt Temecula CA 92592 City State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap W District 2 Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Community Services Commission: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. See Resume Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. See Resume Amanda M DeGoede Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. See Resume Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. See Resume Statement of Interest Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. I have been developing a love for my city, The City of Temecula, from an early age. My family first purchased property in Temecula over 40 years ago, and has built a life here in this beautiful city from the dirt up. One of my first memories as a child was within the Community Recreation Center's pool with my great-grandmother at "Mommy and Me" swim lessons. I was a Girl Scout and Junior Lifeguard here, I attended school here from Preschool to Grade 12, and I have watched Temecula grow with me over the years. Now, I proudly raise my own children here. My family and I are engaged with our city on a regular basis. From lap swimming, to school at Vail Elementary, to the pump track at the sports park, to viewing TVUSD board meetings, to working throughout the city, my family and I enjoy, thrive within, and strive to contribute to our city. I aim to further my involvement with my community by becoming commissioner on the Community Services Commission. I am qualified for this position with my personal background, educational foundation, work experiences, and ultimate respect for the city of Temecula. All of these attributes combine to form a desire to give back to the city that shaped who I am today. It is with integrity, a full hearth, and passion to evoke positive change that I apply for this position. Value Statement Question applies to multiple boards The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles. Equity, diversity, and inclusion are at the heart of my actions as an educator, mother, and citizen of humanity. I would uphold and contribute to these principles through modeling, empowering, sharing, and fostering positive action regarding these. References Amanda M DeGoede Question applies to multiple boards List Three Professional and/or Personal References (Name, Position, Phone, Email): Angela Mercuri, Former Teacher, Adrienne Norgaard, Early Childhood Director, adrienne.norgaard@mscsbend.org Joni Perkins, Office Administration, joni.perkins@mscsbend.org Self -Selection Options Question applies to multiple boards Equal Employment Opportunity The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only. Question applies to multiple boards What is your gender? Question applies to multiple boards What range does your age fall into below? Question applies to multiple boards What is your ethnic background? Attachments Question applies to multiple boards Resume_AmandaDeGoede.pdf Resume - If you wish to attach a resume, please do so here. Question applies to multiple boards Recommendations - If you wish to attach a letter of recommendation, please do so here. Question applies to multiple boards Miscellaneous - If you wish to attach other materials, please do so here. Acknowledgment Question applies to multiple boards I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act. V I Agree Question applies to multiple boards Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting. Amanda M DeGoede WORK EXPERIENCE 2015-2021 Temecula Valley Unified School District Substitute Teacher 2019-2020 Morning Star Christian School Transitional Kindergarten Lead Teacher 2018-2019 San Jacinto Unified School District Kindergarten Teacher 2017-2019 Rancho Christian School Intervention Teacher- K-12 2017-2018 San Diego County Office of Education Support Teacher/ELPAC Test Administrator - K-12, Special Education 2015-2018 Riverside County Office of Education Substitute Teacher - K-12, Special Education, Alternative Education 2013-2017 Pacific Academy and ACI Academy After -School Teacher, AP Test Coordinator, Substitute Teacher 2009-2014 St. Jeanne de Lestonnac School Substitute Teacher - K-8 2011-2012 CSU College Corps Program Pre -College Advisor 11I1OLIr_d_C$21 Current Walden University Ph.D. in Education - Early Childhood Advocacy & Leadership 2018-2019 Arizona State University M.Ed. in Curriculum & Instruction - Applied Behavior Analysis 2017 CalStateTEACH, California State University, Los Angeles Multiple Subject Teaching Credential with CLAD Certification 2009-2012 California State University, San Marcos B.S. in Business Administration Cum laude Graduate - Dean's List Scholar AFFILIATIONS AND MEMBERSHIPS Outreach Farm Project Youth of Human Rights, Intl. Sierra Club REI Outdoor School Philanthropic Educational Organization CSUSM Marketing Society CSUSM Tukwut Leadership Circle Corazon de Vida Volunteer Volunteer Teacher Member Member/Student Scholarship Recipient Co-founder Member Orphanage Volunteer City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Oct 18, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile Adam M Eventov First Name Middle Initial Last Name Home Address Suite or Apt Temecula CA 92591 City State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap W District 4 aeventov@socalgas.com Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Community Services Commission: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. Bachelor's of Science, Psychology, University of Southern California Master's of Arts, Communications - Journalism, Cal State Fulerton Tribal Administration Certificated Program, Drucker School of Management, Claremont College Group/San Manuel Adam M Eventov Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. Nov. 1, 2019 to Present: SoCalGas Public Affairs Manager February 1, 2017 to November 1, 2019: San Manuel Band of Mission Indians, Intergovernmental Affairs Manager June 16, 2010 to February 1, 2017: Wellsaid! Communications, owner, principal Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. None Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. Mt. San Jacinto College Foundation Board of Directors: Board member, June 2020 to present; Temecula Valley Chamber of Commerce: Board Member, February 2020 to present, Shop Local Committee Chairman, REDI Committee founding member; Murrieta-Temecula Group, member; Economic Development Coalition of Southwest Riverside County, member; Beaumont Chamber of Commerce: Board Member, March 2020 to present; Menifee Valley Chamber of Commerce: Secretary and Board member, 2014-February 2017; Academy for Grass Roots Organizations: Board Member, 2010-2012; Menifee Rotary Club, member, July 2021 to present; Hemet -San Jacinto Multicultural Network, member; Statement of Interest Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. For the past 22 years, I have grown a deep understanding of our City and our region from my work as a journalist, public relations professional, tribal government affairs manager and public affairs manager for SoCalGas. In that time, I have seen the successes and failures of programs and events held throughout Riverside and San Bernardino counties and can bring a broad perspective to the Commission as we produce programs and events that enrich the lives of our residents. In my various roles, I have attended and presented issues and land use projects to the City of Temecula and city and county governments throughout the region. Some of these projects include the Villages of Lakeview 8,500-home development, the Terramor development in Temescal Valley, the Temecula Gateway Project and 2 gigawatts of commercial solar projects. As a 23-year resident and parent of two now grown children, I have attended city concerts, chalk festivals, car shows, charity fundraisers and holiday parades as both a spectator and participant through Cub Scouts and Girl Scouts clubs, and various sports and dance teams. Value Statement Adam M Eventov Question applies to multiple boards The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles. As a board member of the Temecula Valley Chamber of Commerce, it has been my privilege to be a founding member of the Chamber's Race Equity Diversity and Inclusion Committee. I am a firm believer in the Committee's mission (and helped write the mission and goals of the groups) as well as the mission and goals of the City's REDI Commission. I am fortunate to work for Sempra Energy and SoCalGas and share its belief that supporting the advancement of underserved communities strengthens our community and, in the case of SoCalGas, our company. References Question applies to multiple boards List Three Professional and/or Personal References (Name, Position, Phone, Email): Al Rubio, Chairman, Temecula Valley Chamber of Commerce Board of Directors, Al Rubio ARubio@DCHUSA.com; Chuck Washington, Riverside County Supervisor, c.washington@rivco.org[ Jackie Steed, REDI Commissioner, Secretary of the Temecula Valley Chamber Board of Directors, Self -Selection Options Question applies to multiple boards Equal Employment Opportunity The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only. Question applies to multiple boards What is your gender? Question applies to multiple boards What range does your age fall into below? Question applies to multiple boards What is your ethnic background? Attachments Adam M Eventov Question applies to multiple boards Resume - If you wish to attach a resume, please do so here. Question applies to multiple boards Recommendations - If you wish to attach a letter of recommendation, please do so here. Question applies to multiple boards Adam Eventov BIO.docx Miscellaneous - If you wish to attach other materials, please do so here. Acknowledgment Question applies to multiple boards I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act. Ff I Agree Question applies to multiple boards Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting. Adam M Eventov BIO for Adam Eventov Adam Eventov is a public affairs manager for SoCalGas. Before recently joining the company, Adam served as Government Affairs Manager for the San Manuel Band of Mission Indians, where he worked with Tribal leadership and staff on a variety of Indian, environmental, gaming and local government affairs issues. Prior to his time with the Tribe, Adam worked as a public relations consultant, helping to secure the development of more than $4 billion and more than 2 gigawatts of solar energy, natural gas and home development projects. He holds a master's degree in journalism and was a business reporter and editor for several Inland Empire newspapers covering economic development, energy, transportation, and real estate development. Adam lives in Temecula with his wife Kristen. Their son Ian is a senior at Temecula Valley High School and their daughter is a senior at UC Santa Barbara. City of Temecula - Boards and Commissions Appointment Application Important Information Submit Date: Oct 11, 2021 The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered. Profile William Folger First Name Middle Initial Last Name Home Address Suite or Apt Temecula CA 92592 City State Postal Code Which district do you live in? Find your district here: https://temeculaca.gov/districtmap W District 2 Email Address Primary Phone Note: The City of Temecula has one board and four commissions. While more than one selection may be made below, applicants are encouraged to only select that board and/or commission(s) that they truly wish to serve on. Thank you. Which Boards would you like to apply for? Community Services Commission: For Review Education and Employment Question applies to multiple boards List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application. BA University of Pittsburgh (see resume) Question applies to multiple boards List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. see resume William Folger Service Experience Question applies to multiple boards List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. This is my first time trying to get involved in any official capacity. Question applies to multiple boards List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. TVSA Youth Soccer Coach (U10) - Present Created JBoss Users Group (Technical) of South California - 2012 to 2018 Panelist at Red Hat International Summit - 2012 Statement of Interest Question applies to multiple boards Describe why you wish to serve on this commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific. With the pandemic the past year plus I have been able to work from home and finally laying my roots in the community of Temecula since moving here from Los Angeles in 2013. 1 have a passion for community and how we can better serve each other in a safe and healthy environment. I initially found an interest in the Traffic Safety Commission because I walk my kids to and from school at Vail Elementary on Rancho Vista and am very concerned with speeding drivers in a 25 MPH school zone while kids are on the side walks. People are doing anywhere from 50 to 70 (estimated) while zone lights are flashing and nothing is ever done. I also contacted Temecula Traffic commission a few years go because there is imminent danger pulling out of my cul-de-sac on Rancho Vista, again, because of speeding without any sort of monitoring. I live about 50 yards away from where a woman was killed on the road a couple years ago. I want to be involved in safety and how we can have a wonderful community which is why I elected to apply for both Traffic/Safety and Community Services Commissions. I am passionate and can get things done. Value Statement Question applies to multiple boards The City of Temecula places a high value on the principles of equity, div