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HomeMy WebLinkAbout03222022 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 MARCH 22, 2022 - 7:00 PM CLOSED SESSION - 6:00 P.M. CITY MANAGER ANNUAL PERFORMANCE EVALUATION. The City Council will meet in closed session pursuant to Government Code Section 54957 and 54957.6 to evaluate the performance of the City Manager and establish goals and performance objectives for the next year as required by the City Manager's Employment Agreement. CALL TO ORDER: Mayor Matt Rahn INVOCATION: Elder Wayland Collins of Reliance Church FLAG SALUTE: Mayor Matt Rahn ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS Proclamation for National Library Week Presentation to Temecula Valley Soccer Association U 14 Girls All -Star Team BOARD / COMMISSION REPORTS Planning Commission and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT California Department of Forestry and Fire Protection (CAL FIRE) ANNUAL JOINT MEETINGS - CITY COUNCIL, COMMUNITY SERVICES COMMISSION, OLD TOWN LOCAL REVIEW BOARD AND PLANNING COMMISSION Page 1 City Council Agenda March 22, 2022 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 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be 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 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. 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 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be 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 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 March 8, 2022 Recommendation: Attachments: That the City Council approve the action minutes of March 8, 2022. Action Minutes 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: Page 2 City Council Agenda March 22, 2022 4. 5. 6. 7. RESOLUTION NO. 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 Approve City Treasurer's Report as of September 30, 2021 Recommendation: That the City Council approve and file the City Treasurer's Report as of September 30, 2021. Attachments: Agenda Report Treasurer's Report Adopt Ordinance 2022-04 Adjusting the Boundaries of Council Districts Based on the 2020 Decennial Census and Amending Municipal Code Section 2.08.015 (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO.2022-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADJUSTING THE BOUNDARIES OF THE FIVE CITY COUNCIL DISTRICTS AND ADOPTING A NEW OFFICIAL COUNCIL DISTRICT MAP FOR THE CITY OF TEMECULA BASED ON THE RESULTS OF THE 2020 DECENNIAL CENSUS AND AMENDING SECTION 2.08.015 Attachments: Agenda Report Ordinance Exhibits Approve Sponsorship Agreement with Veteran Strong for Facility Use at the Temecula Conference Center Recommendation: That the City Council approve the sponsorship agreement with Veteran Strong for in -kind City support valued at $8,500 for facility use at the Temecula Conference Center. Attachments: Agenda Report Agreement Approve Sponsorship and Economic Development Funding Agreement with the Temecula Valley Balloon and Wine Festival Association for the Temecula Valley Balloon and Wine Page 3 City Council Agenda March 22, 2022 Festival (At the Request of Subcommittee Members Edwards and Stewart) Recommendation Attachments: That the City Council approve a sponsorship and economic development funding agreement with the Temecula Valley Balloon and Wine Festival Association, for the Temecula Valley Balloon and Wine Festival, Fiscal Year 2021-2022. Agenda Report Agreement 8. Receive and File the General Plan and Housine Element Annual Progress Report for the Period of January 1, 2021 to December 31, 2021 Recommendation: That the City Council receive and file the General Plan and Housing Element Annual Progress Report for the period of January 1, 2021 to December 31, 2021. Attachments: Agenda Report General Plan and Housing Element Annual Progress Report 2014-2021 RHNA Breakdown by Year Appendix A - Housing Element Annual Progress Report 9. Approve Agreement for Consultant Services with Ascent Environmental, Inc. for the Preparation of a Subsequent Environmental Impact Report for the Temecula Valley Hospital Master Plan Update (PA22-0105) Recommendation: That the City Council approve the agreement for consultant services with Ascent Environmental, Inc., in the amount of $307,133, with a 10% contingency of $30,713, for a total agreement of $337,846, for the preparation of a Subsequent Environmental Impact Report for the Temecula Valley Hospital Master Plan Update. Attachments: Agenda Report Agreement Proposal 10. Annrove Agreement with Bio Clean Environmental Services. Inc. for the Purchase and Installation of Inlet Filters Recommendation: That the City Council approve the agreement with Bio Clean Environmental Services, Inc., for the purchase and installation of inlet filters in the amount of $393,679. Attachments: Agenda Report Agreement 11. Authorize Purchase of a Bobcat Skid -Steer Loader for the Public Works Streets Maintenance Division Page 4 City Council Agenda March 22, 2022 12. 13. Recommendation: That the City Council authorize the purchase of a Bobcat Skid -Steer Loader for the Public Works Streets Maintenance Division from Inland Bobcat, a local authorized Bobcat Dealer, in the amount of $71,570.04, including freight and handling, and applicable sales tax and fees. Attachments: Agenda Report Adopt Resolution to Approve the Clean California Maintenance Agreement with the State of California and Department of Transportation Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE THE CLEAN CALIFORNIA MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA, BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION TO PERFORM SPECIFIC MAINTENANCE SERVICES IN COMPLIANCE WITH THE PROVISIONS OF STREETS AND HIGHWAYS CODE SECTION 27, IN THE STATE RIGHT OF WAY INCLUDING HIGHWAY AND FREEWAY AREAS WITHIN CITY LIMITS AS AUTHORIZED IN STREETS AND HIGHWAYS CODE SECTION 130 Attachments: Agenda Report Resolution Agreement Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Sidewalks - DLR Drive Project, PW 19-18 Recommendation: Attachments: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Sidewalks - DLR Drive Project, PW19-18; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Agenda Report Project Description and Location 14. Accept Improvements and File Notice of Completion for the Citywide Slurry Seal Program - Fiscal Year 2020-21, PW21-01 Page 5 City Council Agenda March 22, 2022 15. 16. Recommendation: That the City Council: 1. Accept the construction of the Citywide Slurry Seal Program - Fiscal Year 2020-21, PW21-01, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Attachments: Agenda Report Notice of Completion Maintenance Bond Affidavit and Final Release Accept Improvements and File Notice of Completion for Sam Hicks Monument Park Perimeter Fencing, PW20-12 Recommendation: That the City Council: 1. Accept the improvements for the Sam Hicks Monument Park Perimeter Fencing, PW20-12, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Attachments: Agenda Report Notice of Completion Maintenance Bond Affidavit and Final Release Accept Improvements and File Notice of Completion for the Infill Mini Pump Track at Long Canyon Creek Park, PW21-05 Recommendation That the City Council: 1. Accept the Improvements for the Infill Mini Pump Track at Long Canyon Creek Park, PW21-05, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, Page 6 City Council Agenda March 22, 2022 release the Performance Bond; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed. Attachments: Agenda Report Notice of Completion Affidavit and Final Release 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 7 City Council Agenda March 22, 2022 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President James Stewart ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk 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 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 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be 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 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. 17. Approve Action Minutes of March 8, 2022 Recommendation: That the Board of Directors approve the action minutes of March 8, 2022. Attachments: Action Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS Page 8 City Council Agenda March 22, 2022 CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, April 12, 2022, 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 9 City Council Agenda March 22, 2022 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 a project at the time of the hearing. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be 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 and/or applicant has the burden of proof and, therefore, shall be allowed 15 minutes for an initial presentation, and an additional 10 minutes for rebuttal by its development team following other comments on the matter. An appellant, other than the property owner and/or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the public hearing, shall be allowed 15 minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the property owner, applicant or appellant. All other members of the public may speak during the public hearing for a maximum period of 5 minutes each. Deferral of one speaker's time to another is not permitted. In the event of a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 18. Conduct Public Hearins to Consider Extension of an Interim Urgencv Ordinance of the Cit Council of the City of Temecula Enacted Pursuant to Government Code Section 65858 EstablishingEmergency Regulation Related to Urban Lot Splits and Housing Units Built in Accordance With Senate Bill 9, Declaring the Urgency Thereof and Making Determination of Exemption Under the California Environmental Quality Act (CEQA) Guidelines Sections 65852.21(j) and 15061(b Recommendation: That the City Council adopt ordinance by a 4/5 vote, extending Interim Urgency Ordinance No. 2022-03 entitled: ORDINANCE NO. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, EXTENDING INTERIM URGENCY ORDINANCE NO. 2022-03, ESTABLISHING EMERGENCY Page 10 City Council Agenda March 22, 2022 REGULATIONS PURSUANT TO GOVERNMENT CODE SECTION 65858 ON URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA Attachments: Agenda Report (lydinnnrP Interim Urgency Ordinance 2022-03 February 22, 2022 Agenda Report March 8, 2022 Agenda Report Senate Bill 9 19. Introduce Ordinance Amending Title 9 and Title 17 of the Temecula Municipal Code to Include Entertainment Licenses, Further Clarify the Definitions of Restaurants, Entertainment, Taverns, and Bars, and Provide Regulations for Private SecurityOperators, and Establishing Noise Standards for Mixed -Use Developments With a Residential Component Recommendation: That the City Council: 1. Introduce and read by title only an ordinance entitled: $ I\ : \ m AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA MUNICIPAL CODE TO INCLUDE ENTERTAINMENT LICENSES, FURTHER CLARIFY THE DEFINITIONS OF RESTAURANTS, ENTERTAINMENT, TAVERNS AND BARS, AND PROVIDE REGULATIONS FOR PRIVATE SECURITY OPERATORS, AND ESTABLISHING NOISE STANDARDS FOR MIXED -USE DEVELOPMENTS WITH A RESIDENTIAL COMPONENT, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) 2. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ENTERTAINMENT LICENSE FEE Attachments: Agenda Report Ordinance Planning Commission Staff Report Fee Resolution Notice of Public Hearing Page 11 City Council Agenda March 22, 2022 BUSINESS Any member of the public may address the City Council on items that appear on the Business portion of the agenda. Each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk 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 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. Introduce Ordinance Amending Section 2.04.020 of the Temecula Municipal Code Relating to the Time of City Council Meetings Recommendation: That the City Council introduce an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.04.020 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE TIME AND PLACE OF MEETINGS Attachments: Agenda Report Ordinnni-P 21. Receive and File Temecula Safe - Massage Enforcement Update (Long Range Proiect No. LR22-0174) Recommendation: That the City Council receive and file the update on massage enforcement. Attachments: Agenda Report 22. Consider Term Limits for Citv Council Members (At the Reauest of Subcommittee Members Alexander and Edwards) Recommendation: That the City Council consider term limits for City Council Members and provide general direction regarding the same. Attachments: Agenda Report February 8, 2022 Staff Report Page 12 City Council Agenda March 22, 2022 DEPARTMENTAL REPORTS (Receive and File) 23. Community Development Department Monthly Report Attachments: Agenda Report Planning Activity Report 24. Fire Department Monthly Report Attachments: Agenda Report Monthly Report 25. Public Works Department Monthly Report Attachments: Agenda Report Project Status Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes unless extended by a majority vote of 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 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. Opportunities for a Performing Arts Center (At the Request of Mayor Rahn) CITY MANAGER REPORT CITY ATTORNEY REPORT Page 13 City Council Agenda March 22, 2022 ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, April 12, 2022, 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. NOTICE TO THE PUBLIC The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours 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 14 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: March 22, 2022 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 8, 2022 - 7:00 PM CALL TO ORDER at 7:01 PM: Mayor Matt Rahn INVOCATION: Robin McCoy of Women Organizing Women FLAG SALUTE: Mayor Matt Rahn ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS National Women's History Month Proclamation BOARD / COMMISSION REPORTS Planning Commission and Public/Traffic Safety Commission PUBLIC SAFETY REPORT Riverside County Sheriffs Department ANNUAL JOINT MEETINGS - CITY COUNCIL, PUBLIC/TRAFFIC SAFETY COMMISSION, AND RACE, EQUITY, DIVERSITY AND INCLUSION COMMISSION PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: Jerry Hoffstetter PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • David Matics (Item #18) • Matthew Cappiello (Item #18) The following individual(s) submitted an electronic comment: • Martha Howard (Item #18) • Kathy Sizemore (Item #18) • Allison Donahoe -Beggs (Item #18) • Tami Sims (Item #18) • Laurel LaMont (Item #18) • Devin Bishop (Item #18) • Maribel Nunez (Item #18) • Janet Bernabe (Item #18) Ira Robinson (Item #18) CITY COUNCIL REPORTS CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Alexander. 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 February 22, 2022 Recommendation: That the City Council approve the action minutes of February 22, 2022. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Approve U.S. House of Representatives District Office Lease Amendment at the Temecula Civic Center Recommendation: That the City Council approve U.S. House of Representatives District Office Lease Amendment at the Temecula Civic Center in substantially the form as attached. 5. Approve Sponsorship Agreement with JDS Creative Academy for the 2022 Digifest Temecula (At the Reauest of Council Members Edwards and Stewart) Recommendation: That the City Council approve the sponsorship agreement with JDS Creative Academy for in -kind City staff support valued at $750 and promotional services of $11,415 for the 2022 Digifest Temecula. 6. Approve Sponsorship Agreement with Reality Rally, Inc. for the 2022 Reality Rally At the Request of Council Members Edwards and Stewart) Recommendation: That the City Council approve the sponsorship agreement with Reality Rally, Inc. for in -kind support valued at $5,200 for City staff support and $11,415 for promotional services for the 2022 Reality Rally. 7. Approve Sponsorship Agreement with Temecula Valley Genealogical Society for Facility Use 8. 9. at the Ronald H. Roberts Temecula Public Library Recommendation: That the City Council approve the sponsorship agreement with Temecula Valley Genealogical Society for in -kind City support valued at $4,794 for facility use at the Ronald H. Roberts Temecula Public Library. Approve Sponsorship Agreement with Heart of Temecula LEO Club in Support of Facility Use at Ronald H. Roberts Temecula Public Library Recommendation: That the City Council approve the sponsorship agreement with Heart of Temecula LEO Club in support of facility use at the Ronald H. Roberts Temecula Public Library. Approve Fee Schedule for the Use of Premier Sports Parks (The Sports Ranch at Sommers Bend and Patricia H. Birdsall Snorts Park) Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A FEE SCHEDULE FOR THE USE OF PREMIER SPORTS PARKS (THE SPORTS RANCH AT SOMMERS BEND AND PATRICIA H. BIRDSALL SPORTS PARK) 10. Issue Public Report Pursuant to Government Code Section 65858(d) Reizardin2 Interim Urgency Ordinance No. 2022-03 Establishing Regulations Related to Urban Lot Splits and Housing Units Built in Accordance With Senate Bill 9 Recommendation: That the City Council issue this report pursuant to Government Code Section 65858(d). 11. Approve Second Amendment to Agreement with St. Francis Electric, LLC. for On Call Traffic Signal Maintenance Recommendation: That the City Council approve the second amendment to the agreement with St. Francis Electric, LLC., for on call traffic signal maintenance, in the amount of $250,000. 12. Approve Cooperative Agreement with the State of California Department of Transportation for the Construction of the French Valley Parkway/I-15 Improvements - Phase II, PW16-01 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR THE CONSTRUCTION OF THE FRENCH VALLEY PARKWAY/I-15 IMPROVEMENTS - PHASE II 13. Approve Agreement for Funding of Transportation Uniform Mitigation Fee Improvements with Riverside County Transportation Commission for $3.5 Million Towards Construction of I-15 Congestion Relief Project, PW19-02 Recommendation: That the City Council: 1. Approve the Riverside County Transportation Commission agreement for the funding of Transportation Uniform Mitigation Fee improvements with the City of Temecula (RCTC Agreement No. 22-73-032-00), in the amount of $3,500,000 towards the construction of the I-15 Congestion Relief Project, PW19-02; and 2. Authorize the City Manager to execute the agreement. 14. Receive and File Temporary Street Closures for 2022 Springfest Events Recommendation: RECESS: That the City Council receive and file the temporary closure of certain streets for the following 2022 Springfest Events: GREAT OAK HIGH SCHOOL PERFORMANCE VISIT TEMECULA VALLEY TOAST AND MEDIA LUNCH ROD RUN REALITY RALLY CALIFORNIA MUSIC HALL OF FAME INDUCTION TEMECULA CULTUREFEST A TRIBUTE TO HEROES At 9:08 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 9:10 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 17. Conduct Public Hearing for the Purposes of Redistricting in the City of Temecula Recommendation: That the City Council conduct the last of four public hearings for the purposes of redistricting in the City of Temecula. Conducted public hearing, no action. RTT.CTNF.CC 18. Adopt Resolution and Introduce Ordinance Adjusting the Boundaries of Council Districts Based on the 2020 Decennial Census and Amending Municipal Code Section 2.08.015 Recommendation: That the City Council take the following actions with respect to adopting new district boundaries for the City of Temecula: 1. Adopt a resolution entitled: RESOLUTION NO. 2022-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADJUSTING THE BOUNDARIES OF THE FIVE CITY COUNCIL DISTRICTS AND ADOPTING A NEW OFFICIAL COUNCIL DISTRICT MAP FOR THE CITY OF TEMECULA BASED ON THE RESULTS OF THE 2020 DECENNIAL CENSUS AND AMENDING SECTION 2.08.015 Motion to approve with Draft Map B (5-0): Motion by Edwards, Second by Alexander. The vote reflected unanimous approval. 2. Introduce an ordinance entitled: ORDINANCE NO. 2022-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADJUSTING THE BOUNDARIES OF THE FIVE CITY COUNCIL DISTRICTS AND ADOPTING A NEW OFFICIAL COUNCIL DISTRICT MAP FOR THE CITY OF TEMECULA BASED ON THE RESULTS OF THE 2020 DECENNIAL CENSUS AND AMENDING SECTION 2.08.015 Motion to approve with Draft Map B (5-0): Motion by Edwards, Second by Alexander. The vote reflected unanimous approval. 19. Consider the COVID-19 Pandemic Community Reinvestment Program Strategy (At the Request of Mayor Rahn and Council Member Edwards) Recommendation: That the City Council receive and file the COVID-19 Pandemic Community Reinvestment Program (CRP) Strategy and provide any necessary direction regarding the same. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Schwank. The vote reflected unanimous approval. 20. Receive Update on the Police Base of Operations -Building Sizing Needs Assessment (At the Request of Mayor Rahn and Council Member Stewart) 5 Recommendation: That the City Council receive an update on the police base of operations -building sizing needs assessment. Received update and provided direction to create policy around prioritizing the Old City Hall Facility for public safety purposes (5-0): Motion by Rahn, Second by Stewart. The vote reflected unanimous approval. DEPARTMENTAL REPORTS ITEMS FOR FUTURE CITY COUNCIL AGENDAS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 10:50 PM, the City Council meeting was formally adjourned to Tuesday, March 22, 2022, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Adjourned in support of those who are defending democracy in Ukraine currently and in memory of those who have lost their lives in the invasion. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [ SEAL] 6 Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: March 22, 2022 SUBJECT: Approve the List of Demands PREPARED BY: Pam Espinoza, Accounting Technician I RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022- 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.2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $4,924,006.24. 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 22"d day of March 2022. Matt Rahn, 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. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22"d day of March 2022, 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 02/22/2022 TOTAL CHECK RUN: 02/24/2022 TOTAL CHECK RUN: 03/03/2022 TOTAL CHECK RUN: 03/03/2022 TOTAL PAYROLL RUN: 148,206.36 3,111,440.79 1,052,432.96 611,926.13 TOTAL LIST OF DEMANDS FOR 3/22/2022 COUNCIL MEETING: $ 4,924,006.24 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 3,341,285.76 140 COMMUNITY DEV BLOCK GRANT 18,991.06 165 AFFORDABLE HOUSING 5,334.94 190 TEMECULA COMMUNITY SERVICES DISTRICT 306,672.19 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,156.83 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 931.93 197 TEMECULA LIBRARY FUND 7,412.94 210 CAPITAL IMPROV PROJ FUND 487,831.73 300 INSURANCE FUND 18,560.07 305 WORKERS' COMPENSATION 28,421.85 320 INFORMATION TECHNOLOGY 53,189.52 330 CENTRAL SERVICES 5,261.56 340 FACILITIES 13,662.98 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 0.03 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 74.02 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLAND 4,080.46 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 0.70 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 68.63 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 47.91 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 0.03 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 583.89 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 16.61 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 0.70 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 0.03 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 1,502.53 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 79.25 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 0.03 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE 0.03 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 84.70 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.03 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 261.45 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 245.74 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 645.13 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 1,052.51 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 0.03 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 22.98 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 548.25 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 112.38 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 11.49 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 0.70 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 1,097.17 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 15.34 700 CERBT CALIFORNIA EE RETIREE-GASB45 12,814.00 $ 4,312,080.11 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 325,740.07 140 COMMUNITY DEV BLOCK GRANT 496.45 165 AFFORDABLE HOUSING 3,736.81 190 TEMECULA COMMUNITY SERVICES DISTRICT 151,039.85 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,394.89 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 546.54 197 TEMECULA LIBRARY FUND 3,296.20 300 INSURANCE FUND 2,173.28 305 WORKERS' COMPENSATION 2,173.32 320 INFORMATION TECHNOLOGY 36,995.32 330 SUPPORT SERVICES 3,786.80 340 FACILITIES 8,566.21 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 0.05 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 0.55 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 0.55 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 0.55 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 0.55 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 0.55 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 0.05 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 265.15 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 0.05 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 0.55 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 0.05 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 132.60 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 13.25 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 0.05 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 0.05 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 13.25 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.05 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 79.51 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 111.34 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 265.35 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 503.82 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 0.05 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 1.19 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 212.06 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 26.53 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 0.05 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 0.55 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 530.19 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 0.13 700 CERBT CALIFORNIA EE RETIREE-GASB45 69,821.72 TOTAL BY FUND: 611,926.13 $ 4,924,006.24 apChkLst 02/22/2022 4:09:49PM Bank: eunion EFT UNION BANK Check # Date Vendor Final Check List CITY OF TEMECULA Description 501849 2/24/2022 016450 AIR EXCHANGE INC PLYMOVENT REPAIR: FIRE STA 95 PLYMOVENT REPAIR: FIRE STA 95 501850 2/24/2022 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT: THEATER DBA, ALLEGRO PIANO SERVICE 501851 2/24/2022 021670 ANLIND OF TEMECULA INC, VEH REPAIR/MAINT: TRAFFIC: POLICE TEMECULA HARLEY-DAVIDSON 501852 2/24/2022 013950 AQUA CHILL OF SAN DIEGO 501853 2/24/2022 021400 AYERS ELECTRIC INC 501854 2/24/2022 004248 CALIF DEPT OF JUSTICE-ACCTING 501855 2/24/2022 020436 CRONBERG, RICHARD N 501856 2/24/2022 001393 DATA TICKET INC, DBA REVENUE EXPERTS VEH REPAIR/MAINT: TRAFFIC: POLICE VEH REPAIR/MAINT: TRAFFIC: POLICE VEH REPAIR/MAINT: TRAFFIC: POLICE VEH REPAIR/MAINT: TRAFFIC: POLICE VEH REPAIR/MAINT: TRAFFIC: POLICE VEH REPAIR/MAINT: TRAFFIC: POLICE VEH REPAIR/MAINT: TRAFFIC: POLICE VEH REPAIR/MAINT: TRAFFIC: POLICE FEB DRINKING WTR SYS MAINT: CIVIC CTR FEB DRINKING WTR SYS MAINT: AQUATI FEB DRINKING WTR SYS MAINT: MPSC FEB DRINKING WTR SYS MAINT: THEATE FEB DRINKING WTR SYS MAINT: JRC FEB DRINKING WTR SYS MAINT: TCC FEB DRINKING WTR SYS MAINT: TVM FEB DRINKING WTR SYS MAINT: PW FEB DRINKING WTR SYS MAINT: TPL FEB DRINKING WTR SYS MAINT: FOC MISC ELECTRICAL WORK: VARIOUS PARKS DEC FINGERPRING SVCS: TCSD DEC FINGERPRING SVCS: WORKFORCE TCSD INSTRUCTOR EARNINGS AUG CITATION PROCESSING: POLICE SEP CITATION PROCESSING: POLICE DEC CITATION PROCESSING: POLICE JUL CITATION PROCESSING: POLICE NOV CITATION PROCESSING: POLICE JAN CITATION PROCESSING: POLICE OCT CITATION PROCESSING: POLICE Amount Paid 671.73 308.87 260.00 776.17 615.89 583.54 527.04 348.07 326.32 291.03 274.61 252.14 212.00 67.34 34.75 28.28 28.28 28.28 28.28 28.28 28.28 28.28 800.00 554.00 98.00 112.00 1,312.63 1,163.50 1,133.86 1,070.76 885.82 755.33 632.69 Page: 1 Check Total 980.60 260.00 3,994.81 512.05 800.00 652.00 112.00 6,954.59 Page:1 apChkLst Final Check List Page: 2 02/22/2022 4:09:49PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 501857 2/24/2022 004192 DOWNS ENERGY FUEL (Continued) Description FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: BLDG & SAFI FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: FIRE DEPT FUEL FOR CITY VEHICLES: CODE ENFOI 501858 2/24/2022 002577 ENGINEERING RESOURCES, ENG SVCS: BIKE TRAIL PGM: PW19-11: OF SOUTHERN CALIF., INC. CIP 501859 2/24/2022 022726 FORENSIC NURSING OF SART EXAM: TEM SHERIFF SOCAL INC 501860 2/24/2022 000177 GLENNIES OFFICE PRODUCTS OFC FURNITURE: SPORTS: TCSD INC MISC OFC SUPPLIES: PLANNING MISC OFC SUPPLIES: BLDG & SAFETY MISC OFC SUPPLIES: BLDG & SAFETY MISC OFC SUPPLIES: BLDG & SAFETY MISC OFC SUPPLIES: BLDG & SAFETY MISC OFC SUPPLIES: PLANNING MISC OFC SUPPLIES: BLDG & SAFETY 501861 2/24/2022 020628 HASA INC POOL SANITIZING CHEMICALS: VARIOUS POOLS 501862 2/24/2022 022056 IDETAIL SUPPLY CO ENGINE MAINT SUPPLIES: FIRE STA 95 ENGINE MAINT SUPPLIES: FIRE STA 73 501863 2/24/2022 012883 JACOB'S HOUSE INC FY 21/22 COMMUNITY SVC FUNDING 501864 2/24/2022 000482 LEIGHTON CONSULTING INC GEOTECH PEER REVIEW: EVERHOME 501865 2/24/2022 021370 MARK THOMAS AND COMPANY DSGN & ENVIRO SVCS: CONG INC RELIEF,PW19-02 501866 2/24/2022 018675 MDG ASSOCIATES INC JAN CDBG PRGM ADMIN: PLANNING JAN LABOR COMPLIANCE: PW20-08 501867 2/24/2022 019823 MERCHANTS BLDG MAINT LLC CLEANING SVCS: MPSC: PW CLEANING SVCS: FINANCE: CIVIC CTR 501868 2/24/2022 020907 MICHELLE MEDINA, DBA TCSD INSTRUCTOR EARNINGS MICHELLE Q MEDINA 501869 2/24/2022 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: CIVIC CTR INC ELECTRICAL SUPPLIES: PARKS: PW Amount Paid Check Total 712.07 389.05 236.38 190.77 80.41 13,576.00 800.00 11,571.88 384.05 128.51 42.04 19.47 17.57 11.68 8.74 1,176.95 254.48 140.83 5,000.00 2,300.00 720.55 5,902.50 358.13 290.00 290.00 1,940.40 1,009.09 124.29 1,608.68 13,576.00 800.00 12,183.94 1,176.95 395.31 5,000.00 2,300.00 720.55 6,260.63 580.00 1,940.40 1,133.38 Paget apChkLst Final Check List Page: 3 02/22/2022 4:09:49PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 501870 2/24/2022 004586 MOORE FENCE COMPANY INC REPAIR CHAIN LINK FENCE-SAM HICKS PK 501871 2/24/2022 019019 MUSIC CONNECTION LLC STTLMNT: SPEAKEASY AT THE MERC 02/12 501872 2/24/2022 002925 NAPAAUTO PARTS MISC AUTO PARTS: STREET MAINT: PW 501873 2/24/2022 022599 NIEVES LANDSCAPE INC LANDSCAPE IMPRVMT: RONALD REAGAN SP: PW 501874 2/24/2022 021121 OCCUPATIONAL HEALTH CTR 2/7 MEDICAL SCREENINGS: HR OF CA, DBA CONCENTRA MEDICAL CTR 501875 2/24/2022 020429 REMOTE SATELLITE SYSTEMS JAN '22 SAT PH AIRTIME/FEB FEE: EOC INTL 501876 2/24/2022 002412 RICHARDS WATSON AND JAN 2022 LEGAL SERVICES GERSHON JAN 2022 LEGAL SERVICES JAN 2022 LEGAL SERVICES 501877 2/24/2022 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 2/10/22 501878 2/24/2022 013482 SILVERMAN ENTERPRISES SECURITY: SPECIAL EVENTS TCSD INC, DBA BAS SECURITY 501879 2/24/2022 000645 SMART AND FINAL INC RFRSHMNTS: EVENTS/PRGRMS: MPSC:TCSD 501880 2/24/2022 001546 STRAIGHT LINE GLASS AND WINDOW REPAIR: FIRE STA 95 MIRROR, COMPANY INC 501881 2/24/2022 008977 VALLEY EVENTS INC RENTALS/FACE PAINTING/SANTA: TCSD 501882 2/24/2022 020399 VOICES FOR CHILDREN CDBG REIMBURSEMENT: OCT-DEC'21 501883 2/24/2022 018147 WADDLETON, JEFFREY L. DJ/MC SVCS: SCOOTER JAM EVENT: TCSD DJ/MC SVCS: GRAND OPENING: SOMME DJ/MC SVCS: HIGH HOPES EVENT: TCS[ 501884 2/24/2022 008402 WESTERN RIVERSIDE CO DEC'21 MSHCP PAYMENT REG, CONSERVATION AUTHORITY Amount Paid Check Total 3,322.14 3,322.14 630.00 630.00 34.94 34.94 3,885.50 3,885.50 35.00 35.00 280.00 280.00 3,622.82 2,448.00 90.00 6,160.82 620.00 620.00 4,402.00 4,402.00 316.30 316.30 865.48 865.48 270.00 270.00 1,824.00 1,824.00 525.00 525.00 525.00 1,575.00 62,043.29 62,043.29 Page:3 apChkLst Final Check List Page: 4 02/22/2022 4:09:49PM CITY OF TEMECULA Grand total for EFT UNION BANK: 148,206.36 Page:4 apChkLst Final Check List Page: 5 02/22/2022 4:09:49PM CITY OF TEMECULA 36 checks in this report. Grand Total All Checks: 148,206.36 Page:5 apChkLst Final Check List Page: 1 02/24/2022 3:22:21 PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 12717 1/20/2022 002390 EASTERN MUNICIPAL WATER DEC WATER SVCS 31991 RORIPAUGH DIST VALLEY RD 12842 2/9/2022 006887 UNION BANK OF CALIFORNIA 013338 APPLE STORE EXTRA STORAGE: SOCIAL MEDIA: ECO DEV 020792 CANVA.COM ANN'L MBRSHP SUBSCR: ECO DEV 12843 2/9/2022 006887 UNION BANK OF CALIFORNIA 022802 MARGARITA'S COCINAY RFRSHMNTS: CITY ATTY MTG 12/14 CANTINA 12844 2/9/2022 006887 UNION BANK OF CALIFORNIA 010514 CAMPINI'S ITALIAN DELI RFRSHMNTS: OUTREACH MTG 004822 RIVERSIDE TRANSIT AGENCY BUS PASSES: HELPT CTR 007987 WALMART SUPPLIES: HELP CTR 004432 ALBERTSONS GROCERY HOMELESS OUTREACH STORE 007987 WALMART OFC SUPPLIES: HELP CTR 12845 2/9/2022 006887 UNION BANK OF CALIFORNIA 022516 CALIF EMERGENCY SERVICES MEMBERSHIP RENEWAL ASSOC 020548 SOURCE POINT PRODUCTS & SUPPLIES: EMERGENCY MGMT SRVCS, DBA FULLY PROMOTED OF TV 022799 LIDO MOUNTS RADIO MOUNT: EMERGENCY MGMT 019506 EVERNOTE CORPORATION SUBSCRIPTION RENEWAL Amount Paid Check Total 259.26 259.26 2.99 119.40 122.39 144.67 144.67 107.48 250.00 126.92 25.00 18.68 528.08 75.00 644.09 48.34 69.99 837.42 Page:1 apChkLst Final Check List Page: 2 02/24/2022 3:22:21PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 12847 2/9/2022 006887 UNION BANK OF CALIFORNIA 001526 MICHAELS STORES INC 000912 CITY CLERKS ASSN OF CALIF 000912 CITY CLERKS ASSN OF CALIF 000912 CITY CLERKS ASSN OF CALIF 000912 CITY CLERKS ASSN OF CALIF 000254 PRESS ENTERPRISE COMPANY INC 006692 SAM'S CLUB 000254 PRESS ENTERPRISE COMPANY INC 009612 BJS RESTAURANTS INC 014779 TOWN CENTER CLEANERS 000912 CITY CLERKS ASSN OF CALIF 12848 2/9/2022 006887 UNION BANK OF CALIFORNIA 022699 MOUNTAIN MIKE'S PIZZA 018389 IN-N-OUT BURGER INC 003296 INTL CODE COUNCIL 013338 APPLE STORE 018389 IN-N-OUT BURGER INC 018389 IN-N-OUT BURGER INC 001264 COSTCO TEMECULA 491 001264 COSTCO TEMECULA 491 018925 MEMORABLE BITES LLC, DBA FIREHOUSE SUBS 12849 2/9/2022 006887 UNION BANK OF CALIFORNIA 022777 THE MEADOWS 002185 U S POSTAL SERVICE (Continued) Description Amount Paid Check Total FRAMES: 105.17 CERTS/PROCLAMATIONS: CLERK WEBINAR REGIST 25.00 WEBINAR REGIST 25.00 WEBINAR REGIST 25.00 MEMBERSHIP REGIST 200.00 ONLINE SUBSCRIPTION: CITY CLERK 14.00 SUPPLIES: CITY COUNCIL MTGS ONLINE 54.58 SUBSCRIPTION: CITY CLERK 14.00 RFRSHMNTS: CITY CNCL MTG 325.51 12/14 LAUNDRY SVCS: TABLE LINENS 180.25 WEBINAR REGIST 25.00 993.51 RFRSHMNTS: CHILLED IN THE PARK 604.70 RFRSHMNTS: SPECIAL EVENTS: FIRE 17.35 DEPT WEBINAR: FIRE: DEPT 150.00 ADD'L PHONE STORAGE 0.99 RFRSHMNTS: SPECIAL EVENTS: FIRE 75.69 DEPT RFRSHMNTS: SPECIAL EVENTS: FIRE 38.49 DEPT SYMPATHY FLOWERS: FIRE DEPT 54.37 FLOWERS: FIRE DEPT 53.87 RFRSHMNTS: CHILLED IN THE PARK 663.01 1,658.47 EVENT RFRSHMNTS: VOLUNTEERS EVENT 2,200.00 POSTAGE STAMPS: POLICE DEPT 60.00 2,260.00 Paget apChkLst Final Check List Page: 3 02/24/2022 3:22:21PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 12850 2/9/2022 006887 UNION BANK OF CALIFORNIA 021986 ERGOTRON 013338 APPLE STORE 013338 APPLE STORE 002377 BEST BUY COMPANY INC 002377 BEST BUY COMPANY INC 022188 STORYBLOCKS 021986 ERGOTRON 12851 2/9/2022 006887 UNION BANK OF CALIFORNIA 000154 C S M F O 000175 GOVERNMENT FINANCE OFFICERS, ASSOCIATION, GFOA 006952 PAYPAL 000154 C S M F O 000154 C S M F O 001264 COSTCO TEMECULA 491 000398 CALIF MUNI TREASURERS ASSN 000154 C S M F O 000154 C S M F O 000154 C S M F O 000398 CALIF MUNI TREASURERS ASSN (Continued) Description Amount Paid Check Total ERGOTRON PARTS: INFO TECH 76.13 APPLE KEYBOARD 334.16 MINI IPAD: CYBER SECURITY 546.66 CHALLENGE SOLAR PANEL/CAMERA: HARVESTON 217.46 SOLAR PANEL/CAMERA: HARVESTON 761.23 ANNUAL MEMBERSHIP: INFO TECH 349.00 ERGOTRON PARTS: INFO TECH 8.70 2,293.34 MEMBERSHIP RENEWAL 75.00 CERT OF ACHIEVEMENT REVIEW: 760.00 FINANCE VERISIGN PAYFLOW PRO 25.00 TRANSACTION WEBINAR 75.00 MEMBERSHIP RENEWAL 110.00 RFRSHMNTS: INTERVIEW PANEL: HR 275.30 WEBINAR: PUBLIC FUNDS 275.00 CONF REGISTRATION 470.00 CONF REGISTRATION 470.00 CONF REGISTRATION 470.00 WEBINAR: PUBLIC FUNDS INVEST -180.00 2,825.30 Page:3 apChkLst Final Check List Page: 4 02/24/2022 3:22:21PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 12852 2/9/2022 006887 UNION BANK OF CALIFORNIA 000152 CALIF PARKSAND RECREATION SOC, C P R S 007177 MACARONI GRILL 007177 MACARONI GRILL 020792 CANVA.COM 000152 CALIF PARKS AND RECREATION SOC, C P R S 000152 CALIF PARKS AND RECREATION SOC, C P R S 000152 CALIF PARKS AND RECREATION SOC, C P R S 000152 CALIF PARKS AND RECREATION SOC, C P R S 000152 CALIF PARKS AND RECREATION SOC, C P R S 000152 CALIF PARKS AND RECREATION SOC, C P R S 015354 FACEBOOK.COM 015354 FACEBOOK.COM 022825 MARCO'S PIZZA 022825 MARCO'S PIZZA 022825 MARCO'S PIZZA 017736 FEAST CALIFORNIA CAFE LLC, DBA CORNER BAKERY CAFE 020249 LAUND31R.COM LLC 012085 ISTOCK INT'L INC. 019070 BECKY'S BAKESHOP 020886 NETFLIX.COM 022475 FILMFREEWAY.COM 020535 LUNA GRILL 000254 PRESS ENTERPRISE COMPANY INC (Continued) Description AWARD SUBMISSION: CSD HIGHLIGHTS VIDE BANK CHARGES REVERSED BANK CHARGES REVERSED RFRSHMNTS: PERFORMERS THEATER RFRSHMNTS: PERFORMERS: THEATER �Y�1:?LYy 71i�[�LIil�9�7 MEMBERSHIP RENEWAL: TCSD MEMBERSHIP RENEWAL MEMBERSHIP RENEWAL AWARD SUBMISSION: CITY'S WEBSITE AWARD SUBMISSION: ARTS/CULTURE GUIDE AWARD SUBMISSION: PARK INFOMERCIAL BOOST: AROUND & ABOUT TEMECULA BOOST: AROUND & ABOUT TEMECULA RFRSHMNTS: SPEC EVENT: CHILLED RFRSHMNTS: SPEC EVENTS: CHILLED RFRSHMNTS: SPEC EVENTS: CHILLED RFRSHMNTS: SPEC EVENTS: CHILLED LAUNDER SVCS: SPEC EVENTS: TCSD BROCHURE DESIGN: TCSD RFRSHMNTS: MAYOR'S WOMENS CONF MONTHLY CHARGE FOR SVC: CRC TEEN ROOM AWARD SUBMITTAL: DIGIFEST TEMECULA RFRSHMNTS: PERFORMERS: THEATER MEMBERSHIP DUES: TCSD Amount Paid Check Total 70.00 -35.00 -91.54 107.66 215.32 12.99 550.00 5.00 150.00 70.00 70.00 70.00 2.70 17.30 142.10 235.68 165.09 75.43 67.15 120.00 600.00 8.99 63.00 114.17 75.86 Page:4 apChkLst 02/24/2022 3:22:21PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 006952 PAYPAL VERISIGN PAYFLOW PRO TRANSACTION 291.90 3,173.80 12882 2/17/2022 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 444.63 444.63 SUPPORT 12883 2/17/2022 021301 1 C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 384.62 384.62 106474 PAYMENT 12884 2/17/2022 000194 1 C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 14,537.06 14,537.06 303355 PAYMENT 12885 2/17/2022 000444 INSTATAX (EDD) STATE TAX PAYMENT 30,304.27 30,304.27 12886 2/17/2022 000283 INSTATAX (IRS) FEDERAL TAX PAYMENT 95,195.91 95,195.91 12887 2/17/2022 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 12,776.85 12,776.85 SOLUTION 12888 2/17/2022 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT 344.39 344.39 SOLUTION PAYMENT 12889 2/17/2022 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT PAYMENT 2,961.84 2,961.84 SOLUTION 102111 2/22/2022 020965 ADVANCED PERMIT SERVICES REFUND: CANCELLED PERMIT 137.60 137.60 B21-6694 102112 2/23/2022 022842 ESCALONA, JORGE REFUND: DUPLICATE PAYMENT INV 133.00 133.00 106714 208187 2/24/2022 001517 AETNA BEHAVIORAL HEALTH MAR EMPLOYEE ASSISTANCE PRGM: HR 1,161.60 1,161.60 LLC, DBA AETNA RESOURCES 208188 2/24/2022 003951 ALL AMERICAN ASPHALT INFILL MINI PUMP TRACK -CAB MATERIALS 1,367.05 INFILL MINI PUMP TRACK -CAB MATERIALS 561.23 1,928.28 208189 2/24/2022 010905 ALLIED TRAFFIC & ARROW BOARD REPLACE LIGHTS: 1,409.38 1,409.38 EQUIPMENT, RENTALS INC STREETS: PW Page:5 apChkLst 02/24/2022 3:22:21PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208190 2/24/2022 007282 AMAZON CAPITAL SERVICES MISC BOOKS: RHRTPL: TCSD 446.74 INC OFC SUPPLIES: PREVENTION: FIRE DEPT 241.97 MISC OFC SUPPLIES: FIRE 108.76 MISC SMALLLTOOLS/EQPMNT: HR 55.44 MISC BOOKS: RHRTPL: TCSD -7.69 TOOLS & EQPMNT: CRC: TCSD 85.75 MISC SUPPLIES: TVM: TCSD 43.48 SMALL PARTS FILTERS: FIRE STA 95 354.03 1,328.48 208191 2/24/2022 000747 AMERICAN PLANNING MEMBERSHIP RENEWAL 470.00 470.00 ASSOCIATION 208192 2/24/2022 000101 APPLE ONE INC OCT TEMP HELP: COM DEV 4,810.23 NOV TEMP HELP: COM DEV 3,623.10 JAN TEMP HELP: COM DEV 4,890.06 DEC TEMP HELP: COM DEV 4,957.38 18,280.77 208193 2/24/2022 022703 ATOM ENGINEERING CONST. CONTRACT SVCS: FLOOD 103,075.00 103,075.00 CONSTRUCTION CONTROL REPA 208194 2/24/2022 022738 AVILA, ALEJANDRO REISSUE- REIMBURSEMENT OF 61.00 61.00 LIVESCAN FEE 208195 2/24/2022 017149 B G P RECREATION INC TCSD INSTRUCTOR EARNINGS 5,917.80 TCSD INSTRUCTOR EARNINGS 8,067.72 13,985.52 208196 2/24/2022 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRPTL: TCSD 18.78 BOOK COLLECTIONS: RHRPTL: TCSD 316.30 BOOK COLLECTIONS: RHRPTL: TCSD 16.66 BOOK COLLECTIONS: RHRPTL: TCSD 39.99 BOOK COLLECTIONS: RHRPTL: TCSD 16.21 BOOK COLLECTIONS: RHRPTL: TCSD 165.93 BOOK COLLECTIONS: RHRPTL: TCSD 45.35 BOOK COLLECTIONS: RHRPTL: TCSD 47.66 BOOK COLLECTIONS: RHRPTL: TCSD 272.86 BOOK COLLECTIONS: RHRPTL: TCSD 19.47 BOOK COLLECTIONS: RHRPTL: TCSD 183.00 1,142.21 208197 2/24/2022 001323 BLUETRITON BRANDS INC, 01 //11 -02/10 WTR DLVRY SVC: FOC 8.69 8.69 DBA READYREFRESH 208198 2/24/2022 000319 BSN SPORTS LLC FIELD SUPPLIES: WINTER 1,478.88 RENOVATIONS: TCSD SPORTS EQUIPMENT: VARIOUS PARKS 4,635.16 6,114.04 208199 2/24/2022 003549 CALIF ASSN OF MUSEUMS MEMBERSHIP RENEWAL 175.00 175.00 Page6 apChkLst Final Check List Page: 7 02/24/2022 3:22:21PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 208200 2/24/2022 013265 CALIF BUILDING, STANDARDS 4TH QTR PAYMENT OF SB1473 2021 COMMISSION 208201 2/24/2022 004241 CALIF DEPT OF STATE REMITTANCE OF AB1379 - QE DEC ARCHITECT 2021 208202 2/24/2022 021851 CALIF NEWSPAPERS JAN PUBLIC NTCADS: PLANNING PARTNERSHIP, DBA SO CALIF NEWS GROUP 208203 2/24/2022 012627 CLEAR IMAGE ENTERPRISES WINDOW CLEANING: TVM INC, DBA:CLEAR IMAGE WINDOW CL 208204 2/24/2022 016530 COMMUNITY MISSION OF CDBG REIMBURSEMENT: OCT - DEC HOPE '21 208205 2/24/2022 021230 CONSOLIDATED ELECTRICAL WRCOG STREET LIGHT DISTR, DBA CALIF ELECTRIC IMPLEMENTATION SUPPLY 208206 2/24/2022 011922 CORELOGIC INC, DBA JAN PROP ID SFTWR: CODE CORELOGIC SOLUTIONS ENFORCEMENT 208207 2/24/2022 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 208208 2/24/2022 014521 COSTAR REALTY FEB'22 WEB SUBSCRIPTION: ECO INFORMATION INC DEV 208209 2/24/2022 001264 COSTCO TEMECULA 491 HOSPITALITY & OFC SUPPLIES: THEATER 208210 2/24/2022 004329 COSTCO TEMECULA 491 RFRSHMNTS - EVENTS/PRGRMS: MPSC RFRSHMNTS: EVENTS & PRGMS: MPSC RFRSHMNTS - EVENTS/PRGRMS:MPSC 208211 2/24/2022 010461 DEMCO INC MISC SUPPLIES: RHRTPL: TCSD 208212 2/24/2022 008532 DREAM SHAPERS ENTERTAINMENT: CULTURAL EVENT: TCSD 208213 2/24/2022 015330 FAIR HOUSING COUNCIL, OF JAN CDBG SUB -RECIPIENT: FAIR RIVERSIDE COUNTY INC HOUSING SVC 208214 2/24/2022 019469 FALCON ENGINEERING CNSTRCTN MGMT SVCS: SANTA SERVICES GERTRUDIS CRK Amount Paid Check Total 1,518.00 1,518.00 1,132.80 1,132.80 1,046.50 1,046.50 165.00 165.00 1,128.00 1,128.00 3,278.81 3,278.81 279.00 279.00 308.00 308.00 1,200.00 1,200.00 91.73 91.73 186.30 219.99 59.97 466.26 541.77 541.77 475.00 475.00 2,025.74 2,025.74 46,584.03 46,584.03 Page:? apChkLst Final Check List Page: 8 02/24/2022 3:22:21PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid 208215 2/24/2022 000165 FEDERAL EXPRESS INC EXP MAIL SVCS: COM DEV 11.10 EXP MAIL SVCS: PLANNING 9.95 208216 2/24/2022 000165 FEDERAL EXPRESS INC EXP MAIL SVCS: TCSD 8.73 EXP MAIL SVCS: FINANCE 9.19 208217 2/24/2022 014865 FREIZE UHLER KIMBERLY DBA, SPECIAL EVENT SUPPLIES: 510.58 CLEAR BLUE PROMOTIONS PREVENTION: FIR SPECIAL EVENT SUPPLIES: PREVENTION: FIR 198.68 208218 2/24/2022 016184 FUN EXPRESS LLC VAR CRAFT KITS/SUP/DECOR: SKIP 396.77 PRGM 208219 2/24/2022 014100 GODS FAN CLUB, DBA CDBG: RENTAL ASSISTANCE: ORTIZ 2,400.00 PROJECT TOUCH 208220 2/24/2022 014100 GODS FAN CLUB, DBA FY 21/22 DISCRETIONARY GRANT 1,000.00 PROJECT TOUCH FUNDS 208221 2/24/2022 003792 GRAINGER ELECTRIC MOTOR: CIVIC CTR 1,118.88 208222 2/24/2022 000186 HANKS HARDWARE INC Misc hardware supplies: Code Enf 54.80 MISC MAINT SUPPLIES: HARVESTON LK 169.20 208223 2/24/2022 013099 HAVEN TECHNOLOGY CORP BOX OFFICE/TRANSACTION 2,115.12 INTERCOM 208224 2/24/2022 001013 HINDERLITER DE LLAMAS & JAN-MAR SALES TAX & RECOVERY 10,261.23 ASSOC SVCS 208225 2/24/2022 022666 HOSKINS, MITCHELLJ STTLMNT: LIVE HIP -HOP AT THE 1,220.00 MERC: 208226 2/24/2022 018010 HUGS 4 KIDS N STEAM INC BLACK HISTORY MONTH ART PERF: 200.00 TCSD 208227 2/24/2022 004179 INTERNATIONAL E-Z UP INC EZ UP SHELTER: JOB FAIRS: HR 1,728.49 208228 2/24/2022 021896 JP HANDMADE CORP, DBA OFC SUPPLIES: ENVELOPES: HR 200.74 MINUTEMAN PRESS 208229 2/24/2022 001091 KEYSER MARSTON OCT FISCAL IMPACT ANALYSIS 3,256.25 ASSOCIATES INC REVIEW: PRADO JAN FISCAL IMPACT ANALYSIS REVIEW: PRADO 6,015.00 DEC FISCAL IMPACT ANALYSIS REVIEW: PRADO 2,232.50 NOV FISCAL IMPACT ANALYSIS REVIEW: PRADO 8,553.75 208230 2/24/2022 004813 M AND J PAUL ENTERPRISES JUMPER/GAME RENTAL: SPEC EVENT: 1,343.00 INC, DBA JOLLY JUMPS TCSD Check Total 21.05 17.92 709.26 396.77 2,400.00 1,000.00 1,118.88 224.00 2,115.12 10, 261.23 1,220.00 200.00 1,728.49 200.74 20,057.50 1,343.00 Page:8 apChkLst 02/24/2022 3:22:21PM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208231 2/24/2022 022664 MARIPOSATREE TREE TRIMMING: CITY RIGHT-OF-WAY 326.00 MANAGEMENT INC TREE TRIMMING: CITY RIGHT-OF-WAY 290.00 TREE TRIMMING: RANCHO HIGHLANDS 3,999.00 TREE TRIMMING: RRSP: PARKS 4,959.00 TREE TRIMMING: CITY RIGHT-OF-WAY 163.00 TREE TRIMMING: VINTAGE HILLS SLOPE 1,164.00 TREE REMOVAL: FIRE STATION 84 3,276.00 TREE TRIMMING: CITY RIGHT-OF-WAY 163.00 TREE TRIMMING: PARKS & MEDIANS 93.00 14,433.00 208232 2/24/2022 022829 MAROTTA, LOUIS CDBG RENTAL ASSISTANCE: 2,355.00 2,355.00 GONZALEZ 208233 2/24/2022 021788 MKI ARTISTS CLASSICAL SERIES PERFORMANCE: 3,720.00 3,720.00 THEATER: 208234 2/24/2022 022840 MOORE, AMY REFUND: YOUTH MUSICAL THEATER 400.00 400.00 208235 2/24/2022 018099 NATIONAL SAFETY DOT Testing: HR 537.80 537.80 COMPLIANCE INC 208236 2/24/2022 020234 NELSON RANDY, DBA EQUIPMENT FOR MTRS: TEM SHERIFF 1,087.50 1,087.50 MOTORCYCLE DYNAMICS 208237 2/24/2022 003964 OFFICE DEPOT BUSINESS SVS MISC OFFICE SUPPLIES: HR 31.53 DIV MISC OFFICE SUPPLIES: HR 11.36 MISC OFFICE SUPPLIES: HR 36.81 79.70 208238 2/24/2022 022623 OLD TOWN RESTAURANT RFRSHMNTS: TVM EVENTS: TCSD 326.25 326.25 GROUP LLC, DBA CRUSH & BREW 208239 2/24/2022 000254 PRESS ENTERPRISE 26 WKS SUBSCR: PLANNINNG 611.45 611.45 COMPANY INC 208240 2/24/2022 022839 PRICE, ASHLEE REFUND: LIBRARY SMARTPAY 6.99 6.99 208241 2/24/2022 022837 QUADIENT FINANCE USA INC postage: tem sheriff 200.00 200.00 208242 2/24/2022 022771 QUAKEHOLD INDUSTRIAL INC CELLTRION RAPID COVID TEST: EOC 760.71 760.71 208243 2/24/2022 017391 RISE INTERPRETING INC JAN SIGN LANGUAGE INTERPRETING: 1,320.00 1,320.00 CLASSES Page9 apChkLst 02/24/2022 3:22:21PM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208244 2/24/2022 022715 RIVERSIDE CO PUBLIC NOV EMERG RADIO RENTALS: CODE 205.20 SAFETY, ENTERPRISE ENF COMMUNICATION OCT EMERG RADIO RENTALS: CODE EN 205.20 410.40 208245 2/24/2022 000406 RIVERSIDE CO SHERIFFS 12/16-01/12 LAW ENFORCEMENT 2,471,345.31 2,471,345.31 DEPT 208246 2/24/2022 011645 RIVERSIDE COUNTY POSTPONE FEE: CASE NO. SCSW 10.00 10.00 SUPERIOR, COURT 2200117 208247 2/24/2022 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 2/19 506.25 506.25 TEMECULA MUSIC ACADEMY 208248 2/24/2022 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: SPECIAL 170.00 PRESTON EVENTS:TCSD PHOTOGRAPHY SVCS:SPECIAL EVENT 170.00 340.00 208249 2/24/2022 011511 SCUBA CENTER TEMECULA TCSD INSTRUCTOR EARNINGS 98.00 98.00 208250 2/24/2022 002503 SOUTH COAST AIR QUALITY, FY21/22 FLAT FEE -LAST F-YR 142.59 MANAGEMENT DISTRICT EMISSIONS: LIQUID FUEL DISPENSING/GENERATOR: 570.26 712.85 208251 2/24/2022 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: STA 92: FIRE 42.00 CONTROL INC PEST CONTROL SVCS: OVERLAND: FIRE 48.00 90.00 208252 2/24/2022 015648 STEIN ANDREW, DBA PARKINK MISC SUPPLIES: SPECIAL EVENTS: 2,681.49 2,681.49 TCSD 208253 2/24/2022 022821 STOP STICK LTD PORTABLE STOP STICK/SPIKE 3,583.94 3,583.94 STRIPS: PD 208254 2/24/2022 009061 STURDIVANT, ANGELA P TCSD INSTRUCTOR EARNINGS 1,113.35 1,113.35 208255 2/24/2022 008373 SUNBELT RENTALS INC TOWER/POWER RENTALS: SPEC 10,391.85 EVENTS:TCSD TOWER/POWER RENTALS: SPEC EVENT 3,461.24 TOWER/POWER RENTALS: SPEC EVENT 1,170.88 TOWER/POWER RENTALS: SPEC EVENT -1,013.53 14,010.44 208256 2/24/2022 019018 SUNRUN INSTALLATION REFUND: CANCELLED PERMIT 129.60 SRVCS INC B21-2968 REFUND: CANCELLED PERMIT B21-3263 129.60 REFUND: CANCELLED PERMIT B21-2714 129.60 REFUND: CANCELLED PERMIT B21-0440 129.60 518.40 208257 2/24/2022 014337 TEMECULA LITTLE LEAGUE REFUND: CRC SECURITY DEPOSIT 200.00 200.00 1 /29/22 Page:10 apChkLst Final Check List Page: 11 02/24/2022 3:22:21PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 208258 2/24/2022 015669 TEMECULA VALLEY CROSS CONNECTION TESTING: BACKFLOW INC PARKS 208259 2/24/2022 022783 THOMAS, ELLIOTT J TCSD INSTRUCTOR EARNINGS 208260 2/24/2022 022745 TRUIST BANK MRAP MORTGAGE GRANT RECIPIENT 3/3 208261 2/24/2022 022046 TURBOSCAPE INC LDSCP MULCH: INFILL MINI PUMP TRACK 208262 2/24/2022 010046 TV CONVENTION &VISITORS DEC'21 BUS. IMPRV DISTRICT BUREAU, DBA VISIT TEMECULA ASMNTS VALLEY Amount Paid Check Total 5,750.00 5,750.00 686.00 686.00 2,393.83 2,393.83 2,640.00 2,640.00 140, 920.53 140, 920.53 208263 2/24/2022 005460 U S BANK ACCOUNT ANALYSIS: FINANCE 875.00 875.00 208264 2/24/2022 016546 UNIVERSITY ENTERPRISES FY 21/22 ED SPONSORSHIP FUNDS 7,500.00 7,500.00 CORP, AT CSUSB 208265 2/24/2022 014486 VERIZON WIRELESS 1/11-2/10 TASK FORCE TABLETS 502.79 502.79 POLICE 208266 2/24/2022 007208 VINCES SPAGHETTI EXPRESS RFRSHMNTS: HIGH HOPES & SKIP 842.55 842.55 208267 2/24/2022 001890 VORTEX INDUSTRIES INC GATE MAINTENANCE: FIRE STA92 1,468.30 1,468.30 208268 2/24/2022 007987 WALMART REC SUPPLIES: CRC: TCSD 295.35 HOSPITALITY & MISC SUPPLIES: THEATI 10.82 MISC SUPPLIES: TVM/ACE: TCSD 16.30 322.47 208269 2/24/2022 020193 WHITECAP LP Erosion Control: Infill Mini Pump Track 1,369.51 1,369.51 Grand total for UNION BANK: 3,111,440.79 Page:11 apChkLst Final Check List Page: 12 02/24/2022 3:22:21PM CITY OF TEMECULA 104 checks in this report. Grand Total All Checks: 3,111,440.79 Page:12 apChkLst Final Check List Page: 1 03/01/2022 3:12:05PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 501885 3/3/2022 004240 AMERICAN FORENSIC NURSES DRUG/ALCOHOL ANALYSIS: TEM AFN SHERIFF 501886 3/3/2022 000936 AMERICAN RED CROSS, STAFF/LIFEGUARDS CERTS: HEALTH AND SAFETY SVCS AQUATICS 501887 3/3/2022 019559 BMW MOTORCYCLES OF VEHICLE MAINT & REPAIR: TEM RIVERSIDE SHERIFF VEHICLE MAINT & REPAIR: TEM SHERIFI VEHICLE MAINT & REPAIR: TEM SHERIFI VEHICLE MAINT & REPAIR: TEM SHERIFI 501888 3/3/2022 004248 CALIF DEPT OF JAN FINGERPRINTING SVCS: POLICE JUSTICE-ACCTING blood & alcohol analysis: tern sheriff JAN FINGERPRINTING SVCS: VOLUNTEE JAN FINGERPRINTING SVCS: WORKFOF JAN FINGERPRINTING SVCS: HR JAN FINGERPRINTING SVCS: CLASSES: 501889 3/3/2022 004412 COMPLETE TENNIS CAMP, TCSD INSTRUCTOR EARNINGS CTC TENNIS AKA KERRY LE 501890 3/3/2022 017542 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS 501891 3/3/2022 001393 DATA TICKET INC, DBA JUL CITATION PROCESSING: TCSD REVENUE EXPERTS AUG CITATION PROCESSING: TCSD SEP CITATION PROCESSING: TCSD OCT CITATION PROCESSING: TCSD NOV CITATION PROCESSING: TCSD DEC CITATION PROCESSING: TCSD JAN CITATION PROCESSING: TCSD JAN CITATION PROCESSING: TCSD 501892 3/3/2022 003945 DIAMOND ENVIRONMENTAL TEMPORARY FENCING: JRC SRVCS TEMPORARY FENCING: JRC Amount Paid Check Total 634.90 634.90 352.00 352.00 693.10 393.05 393.05 135.00 1,614.20 3,131.00 665.00 245.00 147.00 147.00 98.00 4,433.00 1,222.38 1,222.38 302.40 302.40 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 1,600.00 122.61 95.00 217.61 Page-1 apChkLst 03/01/2022 3:12:05PM Final Check List CITY OF TEMECULA Page: 2 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 501893 3/3/2022 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARKS: PW 1,445.04 FUEL FOR CITY VEHICLES: STREETS: M 906.72 FUEL FOR CITY VEHICLES: TCSD 626.54 FUEL FOR CITY VEHICLES: TRAFFIC: PN 277.76 FUEL FOR CITY VEHICLES: LAND DEV: F 165.98 FUEL FOR CITY VEHICLES: BLDG & SAFI 154.05 FUEL FOR CITY VEHICLES: PW: CIP 147.76 FUEL FOR CITY VEHICLES: CODE ENF 139.97 FUEL FOR CITY VEHICLES: FIRE DEPT 127.88 FUEL FOR CITY VEHICLES: EOC 107.28 FUEL FOR CITY VEHICLES: INFO TECH 77.40 4,176.38 501894 3/3/2022 012217 DUDEK JAN CONSTRUCT MGMT SVCS: 41,101.09 PW11-10 DEC CNSTRCT MGMT SVCS: FLOOD CN 27,398.82 68,499.91 501895 3/3/2022 004068 ECALDRE MANALILI-DE VILLA, TCSD INSTRUCTOR EARNINGS 1,263.80 1,263.80 AILEEN 501896 3/3/2022 018098 ELITE CLAIMS MANAGEMENT JAN '21 3RD PARTY CLAIM ADMIN: 1,250.00 1,250.00 INC WRKRS COM 501897 3/3/2022 013076 GAUDETYVONNE M, DBA YES TCSD INSTRUCTOR EARNINGS 423.50 423.50 YOU CAN DRAW 501898 3/3/2022 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: FINANCE 61.44 61.44 INC 501899 3/3/2022 020908 EMPLOYEE #00527 REIMB: CSMFO CONF PARK/MILES 86.82 86.82 501900 3/3/2022 019085 INTERPRETERS UNLIMITED INTERPRETER SRVCS: TEM SHERIFF 45.75 INC INTERPRETER SRVCS: TEM SHERIFF 20.25 66.00 501901 3/3/2022 020143 JOHNSON, GREGORY LIGHT BAR/FLASHING LIGHTS: 2 9,647.26 9,647.26 THOMAS,JOHNSON TRUCKS: TEM EQUIPMENT COMPANY 501902 3/3/2022 022847 EMPLOYEE #00612 REIMB: MILEAGE & LODGING 402.76 402.76 501903 3/3/2022 018675 MDG ASSOCIATES INC JAN LABOR COMPLIANCE: MPSC 146.25 146.25 PW-20-13 501904 3/3/2022 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: PARKS: PW 1,207.26 INC ELECTRICAL SUPPLIES: PARKS: PW 543.75 1,751.01 501905 3/3/2022 009337 NV5 INC JAN PROJ MGT SVCS: MRC, PW17-21 6,105.00 6,105.00 Paget apChkLst Final Check List Page: 3 03/01/2022 3:12:05PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 501906 3/3/2022 021998 OLD TOWN TIRE AND SERVICE EQUPIMENT MAINT: PW FACS INC VEHICLE MAINT: PARKS/FACILITIES VEHICLE MAINT: PW STREETS VEHICLE REPAIR/MAIN-P. PW FACILITIES 501907 3/3/2022 002412 RICHARDS WATSON AND JAN 2022 LEGAL SERVICES GERSHON JAN 2022 LEGAL SERVICES JAN 2022 LEGAL SERVICES JAN 2022 LEGAL SERVICES JAN 2022 LEGAL SERVICES JAN 2022 LEGAL SERVICES JAN 2022 LEGAL SERVICES JAN 2022 LEGAL SERVICES JAN 2022 LEGAL SERVICES JAN 2022 LEGAL SERVICES 501908 3/3/2022 005329 SAFE FAMILY JUSTICE FY21/22 COMMUNITY SVC FUNDING CENTERS 501909 3/3/2022 020922 EMPLOYEE #00529 501910 3/3/2022 009213 SHERRY BERRY MUSIC 501911 3/3/2022 021620 SIEMENS MOBILITY INC 501912 3/3/2022 013482 SILVERMAN ENTERPRISES INC, DBA BAS SECURITY 501913 3/3/2022 003840 STRONG'S PAINTING 501914 3/3/2022 003849 TERRYBERRY COMPANY 501915 3/3/2022 008977 VALLEY EVENTS INC REIMB: PTSC MTG FEB'22 JAZZ @ THE MERC 2/17 TRAFFIC POLE REPLACE: RUSTIC GLEN TRAFFIC POLE REPLACE: RUSTIC GLEN TRAFFIC POLE REPLACEMENT: MARGAI SECURITY: SPECIAL EVENTS TCSD Amount Paid Check Total 881.54 877.44 849.36 685.10 14,069.35 4,706.25 3,889.17 3,749.50 630.00 622.00 538.50 259.98 52.00 29.00 5,000.00 45.00 535.00 4,837.56 2,526.86 2,420.84 2,505.00 CITYWIDE BUS STOPS PAINTING: PW 6,000.00 SERVICE AWARDS: HR 103.35 Service Awards: HR 101.32 SERVICE AWARDS: HR 89.91 RENTALS/SANTA: SPECIAL EVENTS: 690.00 TCSD LINEN RENTAL: MPSC 12/6: TCSD 438.00 Grand total for EFT UNION BANK: 3,293.44 28,545.75 5,000.00 45.00 535.00 9,785.26 2,505.00 6,000.00 294.58 1,128.00 161,388.65 Page:3 apChkLst Final Check List Page: 4 03/01/2022 3:12:05PM CITY OF TEMECULA checks in this report. Grand Total All Checks: 161,388.65 Page:4 apChkLst Final Check List Page: 1 03/03/2022 2:43:59PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 12890 2/28/2022 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT RETIREMENT) 12924 2/14/2022 006887 UNION BANK OF CALIFORNIA 022445 O'REILLYAUTO PARTS TIRE CABLES: POLICE DEPT 12930 2/22/2022 018098 ELITE CLAIMS MANAGEMENT FUNDS FOR WORKERS COMP CLAIMS INC 12940 3/3/2022 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT SUPPORT 12941 3/3/2022 017429 COBRAADVANTAGE INC, DBA FSA REIMBURSEMENT PAYMENT THE ADVANTAGE GROUP 12942 3/3/2022 021301 1 C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 106474 PAYMENT 12943 3/3/2022 000194 I C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 303355 PAYMENT 12944 3/3/2022 000444 INSTATAX (EDD) STATE TAX PAYMENT 12945 3/3/2022 000283 INSTATAX (IRS) FEDERAL TAX PAYMENT 12946 3/3/2022 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 12947 3/3/2022 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 12948 3/3/2022 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 12949 3/3/2022 000245 PERS - HEALTH INSUR PERS HEALTH PAYMENT PREMIUM PERS HEALTH PAYMENT 208270 3/3/2022 010904 AFECO INC DBA FIRE ETC SMALL TOOLS: FIRE STA 84 208271 3/3/2022 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES: STREET MAINT: PW Amount Paid Check Total 120,756.17 120,756.17 119.99 119.99 20,000.00 20,000.00 406.99 406.99 22,336.74 22,336.74 384.62 384.62 16,953.63 16,953.63 30,451.46 30,451.46 95,247.64 95,247.64 14,047.21 14,047.21 344.39 344.39 2,982.06 2,982.06 149,602.72 0.00 149,602.72 87.00 87.00 917.35 917.35 Page:1 apChkLst Final Check List Page: 2 03/03/2022 2:43:59PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208272 3/3/2022 007282 AMAZON CAPITAL SERVICES TWO WAY RADIO: EOC 672.05 INC TOOLS & EQPMNT: CRC: TCSD 254.58 MISC SUPPLIES:ACE: TCSD 229.68 MISC SUPPLIES: ACE: TCSD 201.50 TOOLS & EQPMNT: CRC: TCSD 140.20 SMALL TOOLS: FIRE STA 73 130.48 MISC EQUIP - BC/CHIEF: FIRE DEPT 76.52 MISC OFC SUPPLIES: PD MALL STOREFI 50.45 SUPPLIES: TEAM PACE 28.35 MISC SUPPLIES: ACE: TCSD 15.21 MISC BOOKS: RHRTPL: TCSD -19.56 MISC EQUIPMENT: PREVENTION: FIRE -20.61 MISC SMALL TOOLS/EQUIPMENT: HR -22.83 MISC EQUIP - BC/CHIEF: FIRE DEPT -38.26 MISC EQUIP - BC/CHIEF: FIRE DEPT -38.26 OFC SUPPLIES: PREVENTION: FIRE -172.91 1,486.59 208273 3/3/2022 005946 AYERS DISTRIBUTING PLASTIC EASTER EGGS: TCSD 2,780.00 2,780.00 COMPANY 208274 3/3/2022 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRPTL: TCSD 424.65 BOOK COLLECTIONS: RHRPTL: TCSD 416.56 BOOK COLLECTIONS: RHRPTL: TCSD 141.42 BOOK COLLECTIONS: RHRPTL: TCSD 107.51 BOOK COLLECTIONS: RHRPTL: TCSD 74.90 BOOK COLLECTIONS: RHRPTL: TCSD 63.74 BOOK COLLECTIONS: RHRPTL: TCSD 56.36 BOOK COLLECTIONS: RHRPTL: TCSD 23.22 BOOK COLLECTIONS: RHRPTL: TCSD 18.37 BOOK COLLECTIONS: RHRPTL: TCSD 17.26 BOOK COLLECTIONS: RHRPTL: TCSD 17.26 BOOK COLLECTIONS: RHRPTL: TCSD 9.54 1,370.79 208275 3/3/2022 004262 BIO TOX LABORATORIES PHLEBOTOMY SVCS: TEM SHERIFF 1,182.00 PHLEBOTOMY SVCS: TEM SHERIFF 490.00 PHLEBOTOMY SVCS: TEM SHERIFF 336.00 2,008.00 208276 3/3/2022 011421 BRODART CO BOOK COLLECTIONS: RHRTPL: TCSD 325.26 BOOK COLLECTIONS: RHRTPL: TCSD 112.69 BOOK COLLECTIONS: RHRTPL: TCSD 48.39 BOOK COLLECTIONS: RHRTPL: TCSD 47.05 BOOK COLLECTIONS: RHRTPL: TCSD 38.58 BOOK COLLECTIONS: RHRTPL: TCSD 16.59 BOOK COLLECTIONS: RHRTPL: TCSD 11.62 BOOK COLLECTIONS: RHRTPL: TCSD 8.88 BOOK COLLECTIONS: RHRTPL: TCSD 8.23 617.29 Paget apChkLst 03/03/2022 2:43:59PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208277 3/3/2022 021502 BUCHER, BRET PHILLIP TCSD INSTRUCTOR EARNINGS 1,407.00 1,407.00 208278 3/3/2022 022844 BULLETPROOF COATINGS INC POWDER COATING GATE: STA 95: 230.00 230.00 FIRE 208279 3/3/2022 005321 CALIF ASSOC OF CODE, MEMBERSHIP RENEWAL 95.00 95.00 ENFORCEMENT OFFICERS 208280 3/3/2022 001054 CALIF BUILDING OFFICIALS, WEBINAR: CODE ENF 70.00 70.00 (CALBO) 208281 3/3/2022 000638 CALIF DEPT OF 2001 4TH QTR PMT.STRONG MOTION 5,864.24 5,864.24 CONSERVATION 208282 3/3/2022 009640 CERTIFION CORP DBA FEB ONLINE DATABASE SUBSCR: 200.00 200.00 ENTERSECT POLICE 208283 3/3/2022 016446 CHRISTIAN STITCHERY INC, STAFF UNIFORMS: THEATER: TCSD 1,020.24 1,020.24 DBA SO CAL IMPRESSIONS 208284 3/3/2022 005417 CINTAS PROTECTION NO 2, FIRST AID KIT MAINT: RISK MGMT 328.25 CINTAS FIRE 636525 FIRST AID KIT MAINT: RISK MGMT 183.82 FIRST AID KIT MAINT: RISK MGMT 165.39 FIRST AID KIT MAINT: RISK MGMT 141.47 FIRST AID KIT MAINT: RISK MGMT 137.22 FIRST AID KIT MAINT: RISK MGMT 32.52 988.67 208285 3/3/2022 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 682.50 682.50 208286 3/3/2022 001264 COSTCO TEMECULA 491 MISC SUPPLIES: PREVENTION: FIRE 118.84 118.84 208287 3/3/2022 004329 COSTCO TEMECULA 491 RFRSHMNTS:SPECIAL EVENTS:TCSD 313.77 PRGM & EVENT SUPPLIES: HUMAN SVCS 266.65 580.42 208288 3/3/2022 001233 DANS FEED AND SEED INC MISC SUPPLIES: STREET MAINT: PW 29.50 29.50 208289 3/3/2022 012600 DAVID EVANS AND JAN DSGN SVCS: DIAZ RD EXP: 37,951.57 ASSOCIATES INC PW17-25 JAN DESIGN SVCS: RECYCLED WTR PROJ: PW21 860.00 JAN CONST BID SUPPT: SANTA GERTRUDIS 410.00 JAN DSGN SVCS: RONALD REAGAN SP( 239.79 39,461.36 208290 3/3/2022 017432 EYEMED VISION CARE VISION PLAN PAYMENT 1,623.72 1,623.72 208291 3/3/2022 000165 FEDERAL EXPRESS INC EXP MAIL SVCS: AQUATICS: TCSD 14.56 EXP MAIL SVCS: PLANNING 11.10 25.66 Page.-3 apChkLst 03/03/2022 2:43:59PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208292 3/3/2022 022482 FLUID, DAN, DBA LIGHTNING PERIMETER FENCE: SAM HICKS PRK : 177,792.50 177,792.50 FENCE CO CIP PW 208293 3/3/2022 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 6.80 6.80 208294 3/3/2022 003792 GRAINGER MISC MAINT SUPPLIES: PARKS: PW 2,386.75 NEW LIFT: PARKING GARAGE 1,409.32 SMALL TOOLS: PARKS: PW 900.20 MISC MAINT SUPPLIES: PARKS: PW 736.02 5,432.29 208295 3/3/2022 000186 HANKS HARDWARE INC MISC EQUIP/SUPPLIES: SPORTS: 1,058.65 1,058.65 TCSD 208296 3/3/2022 001135 HEALTHPOINTE MEDICAL MEDICAL SCREENINGS: HR 65.00 65.00 GROUP INC, DBA: FIRST CARE INDUSTRIA 208297 3/3/2022 003198 HOME DEPOT MISC SUPPLIES: TVM/ACE: TCSD 197.97 197.97 208298 3/3/2022 021896 JP HANDMADE CORP, DBA OFC SUPPLIES: ENVELOPES: HR 145.94 145.94 MINUTEMAN PRESS 208299 3/3/2022 001091 KEYSER MARSTON ON CALL CONSULTANT SVCS: VINE 6,234.38 6,234.38 ASSOCIATES INC CREEK 208300 3/3/2022 004905 LIEBERT, CASSIDYAND JAN HR LEGAL SVCS FOR TE060-00001 1,985.30 1,985.30 WHITMORE 208301 3/3/2022 002634 LITELINES INC OLD TOWN LIGHTING UPGRADE: PW 5,143.88 5,143.88 208302 3/3/2022 017427 MATCHETT, VIVIAN TCSD INSTRUCTOR EARNINGS 436.80 436.80 208303 3/3/2022 003076 MET LIFE INSURANCE DENTAL PAYMENT 12,372.14 12,372.14 COMPANY 208304 3/3/2022 021714 MIYAMOTO, SUSAN PAGE TURNING SVCS: THEATER: 75.00 75.00 TCSD 208305 3/3/2022 001214 MORNINGSTAR PRODUCTIONS OLD TOWN XMAS TREE PLATFORM: 2,245.07 2,245.07 LLC TCSD 208306 3/3/2022 021263 NCL INC, FY21-22: COMMUNITY SERVICE 3,500.00 3,500.00 MURRIETA-TEMECULA FUNDING CHAPTER Page:4 apChkLst Final Check List Page: 5 03/03/2022 2:43:59PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 208307 3/3/2022 018716 NCL INC, TEMECULA VALLEY FY21-22 COMMUNITY SERVICE CHAPTER FUNDING 208308 3/3/2022 003964 OFFICE DEPOT BUSINESS SVS MISC OFFICE SUPPLIES: FINANCE DIV MISC OFFICE SUPPLIES: FINANCE MISC OFFICE SUPPLIES: FINANCE MISC OFFICE SUPPLIES: FINANCE 208309 3/3/2022 021152 EMPLOYEE #00596 REIMB: AOAP CONF 2/6-2/10 208310 3/3/2022 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT INC, DBA LEGALSHIELD 208311 3/3/2022 005075 PRUDENTIAL OVERALL 2/15 UNIFORM RENTAL: PARKS: PW SUPPLY 208312 3/3/2022 000411 RIVERSIDE CO FLOOD ENCROACHMENT PERMIT: PW19-11: CONTROL AND, WATER CIP: PW CONSERVATION DIST DIAZ RD EXPANSION: PW17-25: CIP ADD'L DEPOSIT: S. GERTRUDIS CRK 1/11 CHANGES: S GERTRUDIS CRK 208313 3/3/2022 004822 RIVERSIDE TRANSIT AGENCY JAN ROUTE 55 TROLLEY SVCS 208314 3/3/2022 001365 RIVERSIDE, COUNTY OF, OCT-DEC'21 VECTOR CNTRL SVC: ENVIRONMENTAL HEALTH CODE ENF DEPT 208315 3/3/2022 017446 ROSE AGAIN FOUNDATION FY21-22 COMMUNITY SERVICE FUNDING 208316 3/3/2022 022843 SAFETY CENTER SAFETY TRAINING: FORKLIFT INCORPORATED OPERATOR: RISK SAFETY TRAINING: FORKLIFT OPERATO 208317 3/3/2022 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: EOC PRESTON PHOTOGRAPHY SVCS: BENIN MUSEUM PHOTOGRAPHY SVCS: TVM: TCSD PHOTOGRAPHY SVCS: MPSC: TCSD 208318 3/3/2022 014818 SKYFIT TECH, INC. JAN/FEB EQUIP MAINT: RISK MGMT 208319 3/3/2022 022850 EMPLOYEE #00478 REIMB: LODGING/MILES CSMFO CONF 208320 3/3/2022 020545 SOCIAL WORK ACTION GROUP JAN HOMELESSOUTREACH SVCS:TCSD Amount Paid Check Total 2,500.00 2,500.00 57.17 28.68 16.49 14.74 117.08 360.85 360.85 259.15 259.15 60.06 60.06 2,000.00 2,000.00 1,000.00 349.14 5,349.14 1,736.22 1,736.22 5,966.21 5,966.21 5,000.00 5,000.00 1,800.00 1,800.00 3,600.00 300.00 170.00 170.00 170.00 810.00 195.00 195.00 699.41 699.41 30,637.00 30,637.00 Page:5 apChkLst 03/03/2022 2:43:59PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208321 3/3/2022 000519 SOUTH COUNTY PEST PEST CTRL SVCS: TEM CRK TRAIL PK: 94.00 CONTROL INC PW PEST CONTROL SVCS: STA 95 80.00 PEST CONTROL SVCS: BIRDSALL PARK 70.00 PEST CONTROL SVCS: SPLASH PAD: PA 49.00 293.00 208322 3/3/2022 000293 STADIUM PIZZA INC REFRESHMENTS: AQUATICS: TCSD 103.00 103.00 208324 3/3/2022 007762 STANDARD INSURANCE BASIC LIFE INSURANCE PAYMENT 9,610.32 9,610.32 COMPANY 208325 3/3/2022 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE 1,323.31 1,323.31 COMPANY PAYMENT 208326 3/3/2022 008337 STAPLES BUSINESS CREDIT MISC OFFICE SUPPLIES: MALL 155.65 STOREFRONT MISC OFFICE SUPPLIES: MALL STOREFf 115.75 MISC SUPPLIES: LIBRARY: TCSD 111.88 MISC OFFICE SUPPLIES: OLD TOWN ST( 76.10 MISC SUPPLIES: RHRTPL: TCSD 68.38 MISC OFFICE SUPPLIES: THEATER 49.31 MISC OFC SUPPLIES: TVM/ACE: TCSD 35.50 MISC OFC SUPPLIES: TVM/ACE: TCSD 27.17 OFFICE SUPPLIES: THEATER: TCSD 8.12 CREDIT MEMO: DUPLICATE PAYMENT -130.49 517.37 208327 3/3/2022 008373 SUNBELT RENTALS INC TOWER/POWER RENTALS: SPEC 1,395.23 EVENTS:TCSD TOWER/POWER RENTALS: SPEC EVENT 537.23 1,932.46 208328 3/3/2022 003599 T Y LIN INTERNATIONAL 11/27-1/28 CONSULT: FV PKWY/I-15 PH 11 16,823.26 16,823.26 208329 3/3/2022 021361 TELECOM LAW FIRM PC LEGAL SRVCS:PLANNING 85.80 85.80 208330 3/3/2022 005970 TEMECULA VALLEY STTLMNT: CLUE ON STAGE 28,922.76 28,922.76 PLAYHOUSE, DBATEMECULA VLY PLAYERS 208331 3/3/2022 011694 TEMECULA VALLEY VFW POST FY21-22 COMMUNITY SVCS FUNDING 5,000.00 5,000.00 4089 208332 3/3/2022 007824 THESSALONIKA FAMILY FY21/22: COMMUNITY SRVC FUNDING 5,000.00 5,000.00 SERVICES 208333 3/3/2022 020911 T-MOBILE USA, INC. GPS LOCATE SVCS: 2/11: PD 30.00 30.00 208334 3/3/2022 017565 TRAFFIC MANAGEMENT INC. MESSAGE BOARD RENTALS: SPECIAL 7,432.00 7,432.00 EVENTS Page6 apChkLst Final Check List 03/03/2022 2:43:59PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 208335 3/3/2022 021242 TWOS COMPANY INC 208336 3/3/2022 011659 ULINE INC 208337 3/3/2022 007987 WALMART 208338 3/3/2022 020670 WEBB MUNICIPAL FINANCE LLC 208339 3/3/2022 005118 EMPLOYEE #00327 (Continued) Description Page: 7 Amount Paid Check Total MERCHANDISE: GIFT SHOP: TVM: 71.91 TCSD MERCHANDISE: GIFT SHOP: TVM: TCSD 56.40 OFFICE CHAIR: SOMMERS BEND SP: 372.82 TCSD MISC SUPPLIES: CRC: TCSD 217.93 MISC SUPPLIES: CLASSES: TCSD 105.09 THEATER HOSPITALITY & MISC SUPPLIE 11.40 POST PROPOSITION 218 BALLOT 2,399.88 PROCEEDINGS REIMB: AOAP CONF 2/4-2/10 1,455.97 Grand total for UNION BANK: 128.31 372.82 334.42 2,399.88 1,455.97 891.044.31 Page:? apChkLst Final Check List Page: 8 03/03/2022 2:43:59PM CITY OF TEMECULA 82 checks in this report. Grand Total All Checks: 891,044.31 Page:8 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: March 22, 2022 SUBJECT: Approve City Treasurer's Report as of September 30, 2021 PREPARED BY: Jordan Snider, Senior Accountant RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of September 30, 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 September 30, 2021. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of September 30, 2021 City of Temecula Portfolio Managment Treasury Report 41000 Main Street AW Portfolio Management Temecula, CA 92590 (951)694-6430 Portfolio Summary September 30, 2021 Par Market Book % of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 36,200,145.27 36,200,145.27 36,200,145.27 20.82 1 1 0.024 0.025 Retention Escrow Account 724,332.69 724,332.69 724,332.69 0.42 1 1 0.069 0.070 Letter of Credit 2.00 2.00 2.00 0.00 1 1 0.000 0.000 Trust Accounts 16, 933,167.61 16, 933,167.61 16, 933,167.61 9.74 1 1 15.801 16.020 Local Agency Investment Funds 100,008,250.21 99,995,615.27 100,008,250.21 57.52 1 1 0.334 0.339 Federal Agency Callable Securities 15,000,000.00 14,969,440.00 15,000,000.00 8.63 1,577 1,338 0.770 0.780 Federal Agency Bullet Securities 5,000,000.00 5,043,860.00 5,000,000.00 2.88 1,132 349 1.897 1.923 173,865,897.78 173,866,562.84 173,865,897.78 100.00% 169 126 1.857 1.883 Investments Cash Passbook/Checking 6,838,724.02 6,838,724.02 6,838,724.02 1 1 0.000 0.000 (not included in yield calculations) Total Cash and Investments 180,704,621.80 180,705,286.86 180,704,621.80 169 126 1.857 1.883 Total Earnings September 30 Month Ending Fiscal Year To Date Current Year 293,345.98 1,045,541.15 Average Daily Balance 184,150,009.51 181,097,848.48 Effective Rate of Return 1.94% 2.29% Reporting period 09/01/2021-09/30/2021 Portfolio TEME Data Updated: SET_MTH: 03/07/2022 12:15 NL! CP Run Date: 03/07/2022 - 12:15 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments September 30, 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 5,667.09 5,667.09 5,667.09 0.020 0.020 0.020 1 233358006-6 01-2 REF RES First Amer Govt Oblig Fund Cl 503,164.65 503,164.65 503,164.65 0.020 0.020 0.020 1 233358000-6 01-2 REF ST First Amer Govt Oblig Fund Cl 120,044.89 120,044.89 120,044.89 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 517.27 517.27 517.27 0.020 0.020 0.020 1 276213006-6 03-02 RES First Amer Govt Oblig Fund Cl 740,968.86 740,968.86 740,968.86 0.020 0.020 0.020 1 164741002-6 03-03 BOND F First Amer Govt Oblig Fund Cl 122,481.40 122,481.40 122,481.40 0.020 0.020 0.020 1 164741008-6 03-03IMP First Amer Govt Oblig Fund Cl 194,116.86 194,116.86 194,116.86 0.020 0.020 0.020 1 164741006-6 03-03RES First Amer Govt Oblig Fund Cl 07/01/2021 296.87 296.87 296.87 0.000 0.000 1 164741000-6 03-03SPEC First Amer Govt Oblig Fund Cl 213,529.51 213,529.51 213,529.51 0.020 0.020 0.020 1 164742002-6 03-06 BOND F First Amer Govt Oblig Fund Cl 25,651.03 25,651.03 25,651.03 0.020 0.020 0.020 1 164742000-6 03-06SPEC First Amer Govt Oblig Fund Cl 18,067.75 18,067.75 18,067.75 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 2,587.26 2,587.26 2,587.26 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 17,218.90 17,218.90 17,218.90 0.020 0.020 0.020 1 229462000-6 03-1SPECF First Amer Govt Oblig Fund Cl 121,636.36 121,636.36 121,636.36 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 227.04 227.04 227.04 0.020 0.020 0.020 1 276213000-6 03-2 SPEC First Amer Govt Oblig Fund Cl 91,511.95 91,511.95 91,511.95 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 965.87 965.87 965.87 0.020 0.020 0.020 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 6,723,662.43 6,723,662.43 6,723,662.43 0.020 0.020 0.020 1 276213026-6 16-01 RESERV First Amer Govt Oblig Fund Cl 3,153,097.36 3,153,097.36 3,153,097.36 0.020 0.020 0.020 1 276213020-6 16-01 SPECF First Amer Govt Oblig Fund Cl 311,625.84 311,625.84 311,625.84 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 17,958.30 17,958.30 17,958.30 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: 03/07/2022 12:15 Run Date: 03/07/2022 - 12:15 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 September 30, 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 989.37 989.37 989.37 0.020 0.020 0.020 1 218848009-6 2017B_PROJ First Amer Govt Oblig Fund Cl 13,122,594.83 13,122,594.83 13,122,594.83 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 03-4 PREP11 Federated Tax Free Obligations 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 Data Updated: SET _MTH: 03/07/2022 12:15 Run Date: 03/07/2022 - 12:15 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments September 30, 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 0.020 0.020 0.020 1 164742006-1 03-06 RES-1 CA Local Agency Investment Fun 306,756.26 306,756.26 306,756.26 0.020 0.020 0.020 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 1,418,000.00 1,418,000.00 1,418,000.00 0.020 0.020 0.020 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 525.91 525.91 525.91 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 36,200,135.67 36,200,145.27 36,200,145.27 36,200,145.27 0.024 0.025 1 Retention Escrow Account NOBEL COMPANY 3354 Banner Bank 56,811.65 56,811.65 56,811.65 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 667,521.04 667,521.04 667,521.04 0.063 0.062 0.063 1 Subtotal and Average 720,074.30 724,332.69 724,332.69 724,332.69 0.069 0.070 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 16,933,167.61 16,933,167.61 16,933,167.61 16.020 15.801 16.020 1 Subtotal and Average 17,395,962.54 16,933,167.61 16,933,167.61 16,933,167.61 15.801 16.020 1 Local Agency Investment Funds SYSCITY CITY CA Local Agency Investment Fun 50,135,926.44 50,129,592.32 50,135,926.44 0.339 0.334 0.339 1 SYSRDA RDA CA Local Agency Investment Fun 1,891.02 1,890.78 1,891.02 0.339 0.334 0.339 1 Portfolio TEME Data Updated: SET _MTH: 03/07/2022 12:15 NLI CP Run Date: 03/07/2022 - 12:15 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments September 30, 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 49,870,432.75 49,864,132.17 49,870,432.75 0.339 0.334 0.339 1 Subtotal and Average 105,808,250.21 100,008,250.21 99,995,615.27 100,008,250.21 0.334 0.339 1 Federal Agency Callable Securities 3133EMQGO 01259 Federal Farm Credit Bank 02/10/2021 1,000,000.00 993,660.00 1,000,000.00 0.320 0.316 0.320 1,228 02/10/2025 3133EMK92 01265 Federal Farm Credit Bank 06/23/2021 1,000,000.00 998,110.00 1,000,000.00 0.580 0.572 0.580 1,361 06/23/2025 3133EMN57 01266 Federal Farm Credit Bank 06/28/2021 1,000,000.00 999,950.00 1,000,000.00 0.440 0.434 0.440 1,001 06/28/2024 3133EMP22 01267 Federal Farm Credit Bank 06/30/2021 1,000,000.00 998,960.00 1,000,000.00 0.910 0.898 0.910 1,733 06/30/2026 313OAKQ41 01258 Federal Home Loan Bank 01/28/2021 1,000,000.00 991,460.00 1,000,000.00 0.520 0.513 0.520 1,580 01/28/2026 3130ALEU4 01260 Federal Home Loan Bank 02/25/2021 1,000,000.00 995,780.00 1,000,000.00 0.350 0.345 0.350 1,151 11/25/2024 3130ALWV2 01261 Federal Home Loan Bank 04/21/2021 1,000,000.00 1,001,520.00 1,000,000.00 0.550 1.011 1.025 1,663 04/21/2026 3130AM2V3 01262 Federal Home Loan Bank 04/29/2021 1,000,000.00 1,000,890.00 1,000,000.00 0.700 0.690 0.700 1,306 04/29/2025 3130AMNMO 01263 Federal Home Loan Bank 05/27/2021 1,000,000.00 998,800.00 1,000,000.00 0.500 0.493 0.500 1,699 05/27/2026 3130AMM90 01264 Federal Home Loan Bank 06/10/2021 1,000,000.00 998,890.00 1,000,000.00 0.500 1.973 2.000 1,713 06/10/2026 3130AN4N7 01268 Federal Home Loan Bank 07/14/2021 1,000,000.00 1,001,810.00 1,000,000.00 0.720 0.710 0.720 1,382 07/14/2025 3130ANAZ3 01269 Federal Home Loan Bank 07/28/2021 1,000,000.00 996,820.00 1,000,000.00 0.600 0.592 0.600 1,305 04/28/2025 3130AP3M5 01270 Federal Home Loan Bank 09/28/2021 1,000,000.00 997,150.00 1,000,000.00 0.550 0.542 0.550 1,274 03/28/2025 3134GBGZ9 01232 Federal Home Loan Mtg Corp 04/27/2017 1,000,000.00 1,005,920.00 1,000,000.00 2.000 1.964 1.991 118 01/27/2022 3134GXJL9 01257 Federal Home Loan Mtg Corp 12/30/2020 1,000,000.00 989,720.00 1,000,000.00 0.500 0.493 0.500 1,551 12/30/2025 Subtotal and Average 14,100,000.00 15,000,000.00 14,969,440.00 15,000,000.00 0.770 0.780 1,338 Federal Agency Bullet Securities 3133EJT74 01249 Federal Farm Credit Bank 11/15/2018 1,000,000.00 1,003,620.00 1,000,000.00 3.050 3.008 3.050 45 11/15/2021 3133ELMA9 01254 Federal Farm Credit Bank 02/07/2020 1,000,000.00 1,020,760.00 1,000,000.00 1.420 1.401 1.420 675 08/07/2023 3133ELTU8 01256 Federal Farm Credit Bank 03/18/2020 1,000,000.00 1,011,590.00 1,000,000.00 0.920 0.907 0.920 899 03/18/2024 3130AHF81 01251 Federal Home Loan Bank 10/25/2019 1,000,000.00 1,000,980.00 1,000,000.00 1.600 1.578 1.600 24 10/25/2021 3135GOU92 01250 Federal National Mtg Assn 01/11/2019 1,000,000.00 1,006,910.00 1,000,000.00 2.625 2.589 2.625 102 01/11/2022 Subtotal and Average 5,000,000.00 5,000,000.00 5,043,860.00 5,000,000.00 1.897 1.923 349 Total and Average 184,150,009.51 173,865,897.78 173,866,562.84 173,865,897.78 1.857 1.883 126 Data Updated: SET _MTH: 03/07/2022 12:15 Run Date: 03/07/2022 - 12:15 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Cash September 30, 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 4,845.07 4,845.07 4,845.07 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 6,822,735.38 6,822,735.38 6,822,735.38 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2021 7,232.57 7,232.57 7,232.57 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments Data Updated: SET _MTH: 03/07/2022 12:15 Run Date: 03/07/2022 - 12:15 184,150, 009.51 180, 704, 621.80 180, 705,286.86 180, 704,621.80 1.857 1.883 126 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Cash and Investments Report CITY OF TEMECULA Through September 2021 Fund # Fund Name Beginning Balance Receipts Disbursements Fund Total 001 GENERAL FUND $ 43,938,543.63 $ 12,117,070.17 $ 12,290,958.82 $ 43,764,654.98 002 MEASURE S FUND 25,208,558.03 2,846,556.47 6,008,299.07 22,046,815.43 100 STATE GAS TAX FUND 626,150.06 249,119.76 - 875,269.82 102 RMRA-ROAD MAINTENANCE REHABILITATION ACT 1,760,206.18 192,383.33 329.54 1,952,259.97 103 STREETS MAINTENANCE FUND 3,460,637.77 500,844.26 668.78 3,960,813.25 106 UPTOWN TEMECULA NEW STREETS IN LIEU FEES 895,078.66 307.04 151.14 895,234.56 108 ARPA 7,039,753.50 - - 7,039,753.50 120 DEVELOPMENT IMPACT FUND 3,658,017.90 97,245.11 633.90 3,754,629.11 125 PEG PUBLIC EDUCATION & GOVERNMENT 621,459.68 177.33 104.94 621,532.07 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 839,395.30 288.02 141.74 839,541.58 150 AB 2766 FUND 171,918.70 39.83 29.03 171,929.50 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 86,641.66 11.17 - 86,652.83 161 TEMECULA MAJOR CRIMES REWARD FUND 27,190.62 9.33 4.59 27,195.36 165 AFFORDABLE HOUSING 2,069,802.14 683.84 47,265.08 2,023,220.90 170 MEASURE A FUND 9,430,586.79 2,836.57 9,050.99 9,424,372.37 190 TEMECULA COMMUNITY SERVICES DISTRICT 852,601.38 2,749,618.93 2,124,341.35 1,477,878.96 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 738,140.05 219.10 23,461.24 714,897.91 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 181,647.66 584.44 8,810.14 173,421.96 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 30,628.41 10.04 3,288.62 27,349.83 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 435,220.17 830.48 37,867.24 398,183.41 197 TEMECULA LIBRARY FUND 503,995.76 239,409.20 144,646.37 598,758.59 198 PUBLIC ART 93,091.01 1,366.14 15.94 94,441.21 210 CAPITAL IMPROVEMENT PROJECT FUND 14,402,104.62 2,567,396.12 6,043,935.01 10,925,565.73 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 211,396.39 6.27 2.92 211,399.74 277 CFD-RORIPAUGH 8,295,277.00 49.44 24.33 8,295,302.11 278 CFD-RORIPAUGH II 6,723,548.17 114.26 - 6,723,662.43 300 INSURANCE FUND 421,622.74 862,553.61 78,207.91 1,205,968.44 305 WORKER'S COMPENSATION 1,906,968.96 711.24 19,135.99 1,888,544.21 310 VEHICLES AND EQUIPMENT FUND 2,024,695.93 211,137.63 377.42 2,235,456.14 320 INFORMATION TECHNOLOGY 938,689.56 1,105,577.42 384,119.90 1,660,147.08 325 TECHNOLOGY REPLACEMENT FUND 1,615,152.54 171,480.09 42,442.17 1,744,190.46 330 CENTRAL SERVICES (1,424.30) 67,661.95 40,880.80 25,356.85 335 CENTRAL SERVICES 317,975.77 9,680.33 55.31 327,600.79 340 FACILITIES 520,632.37 358,217.64 160,177.93 718,672.08 350 FACILITY REPLACEMENT FUND (11,448.57) 139,762.09 21.67 128,291.85 380 SARDA DEBT SERVICE FUND 13,141,407.56 223.33 - 13,141,630.89 381 REDEVELOPMEN PROPERTY TAX TRUST 2,732,358.33 203.67 461.38 2,732,100.62 460 CFD 88-12 DEBT SERVICE FUND 95,360.74 32.71 16.10 95,377.35 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,411,051.42 82.00 749,395.95 661,737.47 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 2,325,081.26 63.74 667,579.28 1,657,565.72 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 4,994.26 1.72 0.84 4,995.14 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,262,181.43 146.03 1,454,761.09 1,807,566.37 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 628,005.96 32.52 238,828.21 389,210.27 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 1,419,163.42 70.37 558,941.38 860,292.41 478 CFD-RORIPAUGH II 5,401,797.62 259.40 1,908,819.67 3,493,237.35 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 11,381.81 4.49 2,916.18 8,470.12 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 109,462.60 38.19 2,187.67 107,313.12 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 43,180.49 16.69 3,054.33 40,142.85 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 4,222.14 1.43 381.90 3,841.67 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 28,026.14 10.37 3,021.88 25,014.63 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 35,615.67 12.96 1,243.86 34,384.77 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 8,889.19 3.04 1,109.44 7,782.79 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 98,762.96 38.46 7,598.00 91,203.42 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 30,855.13 10.53 190.21 30,675.45 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 13,081.54 4.73 595.69 12,490.58 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 3,759.22 1.23 146.84 3,613.61 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 109,561.68 37.96 4,574.80 105,024.84 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 28,330.35 10.24 2,856.96 25,483.63 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 11,210.89 4.02 1,107.42 10,107.49 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 11,451.78 3.88 547.82 10,907.84 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 64,823.27 22.02 1,101.11 63,744.18 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 2,142.03 0.70 145.70 1,997.03 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 56,165.66 19.36 5,975.72 50,209.30 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 83,164.04 28.78 4,639.27 78,553.55 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 220,441.47 81.46 7,607.61 212,915.32 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 179,025.41 72.97 17,601.51 161,496.87 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 10,442.09 3.49 344.52 10,101.06 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 23,243.69 7.66 385.59 22,865.76 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 43,743.06 21.22 12,407.83 31,356.45 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 67,060.07 22.56 3,019.35 64,063.28 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 1,778.95 0.58 81.11 1,698.42 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 8,445.80 3.08 818.18 7,630.70 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 633,034.65 230.61 28,076.34 605,188.92 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 4,993.32 1.56 120.97 4,873.91 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 36,282.77 12.45 6.13 36,289.09 701 PENSION RATE STABILIZATION FUND $ 17,411,920.99 - 478,753.38 $ 16,933,167.61 Grand Total: $ 189,850,357.10 $ 24,495,800.86 $ 33,640,871.10 $ 180,705,286.86 Journal Entries completed after August'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: March 22, 2022 SUBJECT: Adopt Ordinance 2022-04 Adjusting the Boundaries of Council Districts Based on the 2020 Decennial Census and Amending Municipal Code Section 2.08.015 (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2022-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADJUSTING THE BOUNDARIES OF THE FIVE CITY COUNCIL DISTRICTS AND ADOPTING A NEW OFFICIAL COUNCIL DISTRICT MAP FOR THE CITY OF TEMECULA BASED ON THE RESULTS OF THE 2020 DECENNIAL CENSUS AND AMENDING SECTION 2.08.015 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. 2022-04 was first introduced at the regularly scheduled meeting of March 8, 2022. FISCAL IMPACT: None ATTACHMENTS: Ordinance and Exhibits ORDINANCE NO.2022-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADJUSTING THE BOUNDARIES OF THE FIVE CITY COUNCIL DISTRICTS AND ADOPTING A NEW OFFICIAL COUNCIL DISTRICT MAP FOR THE CITY OF TEMECULA BASED ON THE RESULTS OF THE 2020 DECENNIAL CENSUS AND AMENDING SECTION 2.08.015 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does find determine and declare as follows: (a) On July 25, 2017 the City Council adopted Ordinance No. 2017-04 pursuant to Government Code Sections 34871 to add Chapter 2.08 to the Temecula Municipal Code to provide for the by -district election of members of the City Council, adopt the official Council District Map for the City of Temecula, establish the boundaries and identification number of each electoral district, and establish a sequencing of elections for each Council District. (b) Pursuant to Elections Code Section 21601 and Section 2.08.028 of the Temecula Municipal Code, the City Council is required to adjust the boundaries of any or all of the Council Districts following each decennial federal census. Using the census as a basis, the City Council must adjust the boundaries so that the Council Districts are as nearly equal in population as practicable and in compliance with all applicable provisions of law, including the United States and Federal Constitutions and the Federal Voting Rights Act of 1965 (52 U.S.C. Section 10301 et seq.). (c) In accordance with Elections Code Section 21607 and 21607.1, the City Council held public hearings on the drawing of district boundaries on: August 24, 2021 (1st Pre - Draft Public Hearing), September 28, 2021 (2nd Pre -Draft Public Hearing), January 25, 2022 (1st Post -Draft Public Hearing), March 8, 2022 (2nd Post -Draft Public Hearing). At each of the foregoing hearings, the public was invited to provide input on the composition of the new Council district boundaries. Additionally, the City sought the input of the public at the City's Commission meetings held on July 8, 2021, July 12, 2021, August 18, 2021 and August 26, 2021. Print and social media was also used to conduct outreach to residents. The proposed maps of the district boundaries were published on January 19, 2022 on the City's redistricting webpage at temeculaca.gov/redistricting. (d) After closing the public hearing held on March 8, 2022, the City Council selected the map depicted in Exhibit "A" of this Ordinance as the official Council District Map for the City of Temecula and introduced this Ordinance for first reading. Demographic data supporting the map based on the 2020 Census is attached hereto as Exhibit `B" of this Ordinance and incorporated herein by this reference. Section 2. Adoption of New Council District Map. The map attached hereto as Exhibit "A" to this Ordinance, and incorporated herein by this reference, is hereby approved and adopted as the Official Council District Map for the City of Temecula and shall be used in the 2022 general municipal election and all such elections for City Council thereafter, until further amended. Section 3. Amendment of Section 2.08.015. Section 2.08.015 of Chapter 2.08 of the Temecula Municipal Code is hereby amended to read as follows: "2.08.015. - City Council districts established. Five (5) City Council districts are hereby established in the city. The boundaries and identifying number of each district shall be as described on the official "Council District Map" on file in the Office of the City Clerk as adopted by Ordinance No. 2022-04 and Resolution No. 2022-25. Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable. Section 5. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. This Ordinance shall be effective upon its adoption pursuant to Government Code Section 36937, Elections Code Section 21600, et seq, and applicable law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22"d day of March, 2022. ATTEST: Randi Johl, City Clerk [SEAL] Matt Rahn, Mayor 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022-04 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 8th day of March, 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22"d day of March, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk City of Temecula 2021 Redistricting Exhibit A O ,a p°a m N lr Qo c ® � " Chant dG°O 9� ca F N Nicole Yoa P Q-a a;,J r R`�a9 P,e wee o mP G s La 0 tja tie \cop ,aca O � GaL. F~d �2aoQ� ■ . o a� Em pi r 0 O� P Cam Cielo O p o Liefer Rd N v9 p c � 79 70 Stewart II n. y2024 d ° co ~aY ar `� a\ Pie i mono cPb4 m o a aA de\ ReY aa��c w act PasQUa\F`Jtcyoc O` G e t rr C cn�p� �� F Ave Cima del a, Ai Crk a Qac` o o ° m pa Wi bw� Ne C C _v F „ys Rd N Loop Rd S Loop Rd v ,a`ao et 'a Gore P°sCam Nunez d Pa C�L dda �aG°�� oeeac�eco 022 Edwards QaHill St < oe O G /F t\ yGo y, ` 3n o N e SF RaAcho vi Gana d� 00 o01 d onF la Alturas Dr R d N hwank Gav di G7 * o ^ • a cii o� d C o 0 e"� Northgat i T 11 I -CC v ° O C S0 ti Ile Ct , C anF7a90 v C °�PadP �.d�b�r° Q J C\�aPpa Ave `r` o' �: 'ta Rda Q to Sag yd� aljdr ea4 �l\a��< ✓ og 4nt° Ja0 Oc (d6d-d,� CF \a a ens r St MaotO O� 0 6� a s c C a Way c° o\f `'0W i n �Qatiyne2Rdv Qo °\ate SC 2 7s J Cam PiC4 cY;e'° Ave 6'GOostance Md? eo �oen�ti n Via „�da *`°'k CF 3 p ",I, Gota° 4e VIs Verde v h J�Q� t�a��i�yaaa�l K o��a mac 0� putt ati �A d d ao'� �I 'R a o& G<-Sc vo °o Fd'd eta Copper e� O National Demographics Corporation January 10, 2022 Map layers Draft B Streets Landmark Point Landmark Area Water Area • Council yeti Currents Exhibit B - Dqgrapbic Data - City of Temecula Category Field 1 2 3 4 5 Total Total Population 22,497 21,165 21,767 22,242 22,568 110,239 2020 Census Population Deviation 449 -883 -281 194 520 1,403 Pct. Deviation 2.04% -4.00% -1.27% 0.88% 2.36% 6.36% Hispanic/Latino 25% 31% 24% 26% 34% 28% NH White 45% 46% 58% 56% 42% 49% Total Pop. NH Black 6% 5% 4% 5% 7% 5% NH Asian/Pac.Isl. 20% 150/0 12% 110/0 15% 15"/0 NH Native Amer. 2% 1% 1 1% 1% 2% 1 2% Total 14,389 13,786 15,415 15,430 15,196 74,217 Hisp 21% 27% 22% 22% 29% 24% Citizen Voting Age Pop Whi te ite 55% 56% 63% 65% 49% 58% NH Black 5% 6% 5% 5% 8% 6% Asian/Pac.Isl. 17% 11% 91/0 8% 14% 12% Native Amer. 2% 1% 1 0% 1% 1% 1 1% Total 13,324 12,044 14,301 14,777 11,568 66,014 Latino est. 22% 24% 18% 19% 26% 21% Voter Registration Spanish -Surnamed 20% 22% 16% 17% 24% 20% (Nov 2020) Asian -Surnamed 4% 3% 3% 3% 2% 3% Filipino -Surnamed 3% 2% 2% 2% 3% 2% NH White est. 66% 67% 74% 75% 63% 70% NH Black 5% 6% 6% 4% 8% 6% Total 11,189 9,990 12,292 12,678 9,268 55,417 Latino est. 22% 22% 17% 17% 24% 20% Voter Turnout (Nov Spanish -Surnamed 20% 21% 16% 16% 22% 19% 2020) Asian -Surnamed 4% 3% 3% 3% 2% 3% Filipino -Surnamed 3% 2% 2% 2% 3% 2% NH White est. 66% 67% 74% 75% 63% 70% NH Black 5% 6% 6% 4% 8% 6% Total 6,774 5,855 8,245 8,345 5,454 34,673 Latino est. 18% 20% 15% 14% 21% 17% Spanish -Surnamed 17% 18% 14% 14% 19% 16% Voter Turnout (Nov 2018) Asian -Surnamed 3% 2% 2% 2% 2% 2% Filipino -Surnamed 2% 2% 1% 1"/o 2% 2% NH White est. 70% 70% 76% 78% 67% 73% NH Black est. 5% 6% 6% 4% 8% 1 5% age0-19 34% 32% 34% 25% 30% 31% Age age20-60 53% 55% 50% 53% 56% 53% age60plus 13% 13% 16% 21% 14% 16% Immigration immigrants 18% 18% 12% 14% 18% 16% naturalized 68% 64% 69% 69% 54% 64% english 75% 73% 84% 80% 70% 76% Language spoken at Spanish 11% 17% 10% 12% 20% 14% home asian-lang 9% 7% 5% 4% 7% 7% other lang 5% 2% 2% 4% 3% 3% Language Fluency Speaks Eng. "Less than Very Well" 8% 9% 5 /0 o 0 /0 6 0 /0 9 0 7 /o hs-grad 49% 50% 45% 47% 53% 49% Education (among those 25+) bachelor 24% 21% 25% 22% 18% 22% age graduatedegree 12% 11% 15% 14% 11% 13% Child in Household child-underl8 54% 46% 47% 36% 43% 45% Pct of Pop. Age 16+ employed 65% 69% 65% 64% 68% 66% income 0-25k 5% 10% 5% 10% 14% 90/0 income 25-50k 8% 15% 11% 12% 17% 13% Household Income income 50-75k 18% 16% 13% 16% 16% 16% income 75-200k 53% 49% 56% 50% 44% 50% income 200k-plus 16% 10% 16% 13% 9% 1 12% single family 95% 77% 95% 94% 53% 82% Housing Slats multi -family 5% 23% 5% 6% 47% 18% rented 24% 39% 21% 22% 62% 34% owned 76% 61% 79% 1 78% 38% 66% Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Turnout and Registration data from California Statewide Database ("Latino" figures calculated by NDC using Census Bureau's Latino undercount by surname estimate). Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Erica Russo, Director of Community Services DATE: March 22, 2022 SUBJECT: Approve the Sponsorship Agreement with Veteran Strong for Facility Use at the Temecula Conference Center PREPARED BY: Dawn Adamiak, Community Services Manager RECOMMENDATION: That the City Council approve the Sponsorship Agreement with Veteran Strong for in -kind City support valued at $8,500 for facility use at the Temecula Conference Center. BACKGROUND: The City of Temecula has a commitment to supporting military veterans and their families through a variety of high quality programs, events, recognitions, and services. This program represents a partnership between a local non-profit, Veteran Strong, which seeks to provide job skills training to veterans transitioning from active duty status into civilian careers. Veteran Strong founder, retired US Marine Corps Sergeant Major David Barragan, is a certified Occupational Safety and Health instructor who has provided over 5,000 veterans with transitional training. The Community Services Department Workforce and Education Development Division wishes to partner with Veteran Strong to expand the scope of its workforce development programming in support of Temecula's military community. Through this agreement, Veteran Strong will provide a free OSHA 10 Course in the Temecula Conference Center on April 9-10, 2022. Based on the response to this initial pilot program, it may be expanded to create other opportunities for training. The agreement allows for monthly space in the Conference Center for a total of 120 hours per year, as outlined in the agreement. In -kind City staff support is valued at approximately $8,500 per year. FISCAL IMPACT: The City support costs of $8,500 are included in the Fiscal Year 2021-22 Operating Budget and will be requested in the 2022-23 Operating Budget. ATTACHMENTS: Sponsorship Agreement SPONSORSHIP AGREEMENT BETWEEN CITY OF TEMECULA AND VETERAN STRONG THIS AGREEMENT is made and effective as of this 22111 day of March, 2022, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Veteran Strong, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall hold workforce development meetings or classes (hereinafter referred to as the "Event") in the Conference Center (room based on availability) throughout the year as needed b. Alcohol will not be served at any of the meetings/classes. C. The City desires to be a Co -Sponsor providing in -kind support including facilities and staff support as described in Exhibit B. 2. TERM This Agreement shall commence on March 22, 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 three (3) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2026. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed Eight Thousand Five Hundred Dollars and No Cents ($8,500.00) as listed in Exhibit B, the City of Temecula shall be designated as a Co -Sponsor of the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. 4. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees 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 the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement. 08/09/2021 S. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability 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 March 22, 2022, 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. b. Minimum Limits of Insurance. Consultant 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. 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 NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. 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 Nonprofit'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 SuccessorAgency 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, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit'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. 08/09/2021 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 Nonprofit 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 Coverage. Nonproft 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 Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 6. GOVERNING LAW The City and the Nonprofit 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. 7. LEGAL RESPONSIBILITIES The Nonprofit 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 Nonprofit 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 Nonprofit to comply with this section. 8. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 9. 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: 08/09/2021 Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: Veteran Strong Attn: David Barragan 41707 Winchester Road Suite 304 Temecula, CA 92590 david@bcsrm.com 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit 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. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 16. 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. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit 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. O8/09/2021 and has the authority to bind the Nonprofit 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA VETERAN STRONG (Two Signatures or corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Matt Rahn, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: David Barragan, Chief Executive Officer By: �Wpw tft) Norma J. Hill-Artig , Treasurer By: Peter M. Thorson, City Attorney NONPROFIT Veteran Strong Attn: David Barragan 41707 Winchester Road Suite 304 Temecula, CA92590 dMy_W lbcsrm.com City Purchasing Mgr. Initials and ate: tJ �/ EXHIBIT "A" CITY OF TEMECULA SPONSORSHIP BENEFITS CO-SPONSOR Veteran Strong shall provide the following benefits and services for the citizens of the City of Temecula: • Workforce development training for veterans in the community • City of Temecula name and/or logo on all press releases and promotional materials 08/09/2021 EXHIBIT "B" IN -KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated in -kind cost projections for the facility rental and staff support for the Veteran Strong meetings/classes. The following expenses can be anticipated for the event: Community Services: TOTAL: $ $ 5.�� 00.00 08/09/2021 Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Betsy Lowrey, Assistant to the City Manager DATE: March 22, 2022 SUBJECT: Approve a Sponsorship and Economic Development Funding Agreement with the Temecula Valley Balloon and Wine Festival Association for the Temecula Valley Balloon and Wine Festival (At the Request of Subcommittee Members Edwards and Stewart) PREPARED BY: Courtney Fletcher, Management Assistant RECOMMENDATION: That the City Council approve a Sponsorship and Economic Development Funding Agreement with the Temecula Valley Balloon and Wine Festival Association, for the Temecula Valley Balloon and Wine Festival, Fiscal Year 2021-2022. BACKGROUND: The Temecula Valley Balloon and Wine Festival (TVBWF) continues to be a popular, signature event that attracts thousands of residents and visitors, including a growing market of out of state attendees. The event will be held on June 3, 4 and 5, 2022. The Temecula Valley Balloon and Wine Festival was held annually at Lake Skinner Recreation area until the COVID-19 global pandemic hit. The event in 2022 will again feature morning balloon launches, evening balloon glows, wine tasting, a wine competition and numerous food vendors. Local and regional breweries are also involved providing beer tasting and food pairings. Each day/evening music concerts are held featuring many different genres and popular talent. The Event includes one of the largest local arts and craft fairs, kids fair, plus local, and regional commercial product vendors. The Economic Development Committee of the City Council (Council Member Maryann Edwards and Council Member James Stewart) met on March 23, 2021, to review the sponsorship funding requests for Fiscal Year 2021-2022 and recommended continued support of the event. The Festival, through advertising and the event itself, increases local spending and generates overnight stays at our local hotels. No commissions, consultant fees and/or salaries will be paid to any party utilizing the City of Temecula's sponsorship funding. The City will also be listed as the event's Premier Sponsor and will be provided maximum advertising opportunities that benefit the City. The Festival's marketing program includes: media kits, press releases, photos and commercials plus promotions on radio stations that reach Riverside, Orange, Los Angeles and San Diego Counties; local cable television advertising; collateral materials and an aggressive publicity campaign targeting these same areas using newspapers, magazines and major television network news outlets. In addition, the Festival maintains their website and capitalizes on social media outlets like Facebook, Instagram and Twitter to impact social networking and provide information on the event and entertainment schedules. Pursuant to prior year funding agreements, the TVBWF submitted audited financial statements for their fiscal year ending June 30, 2019, which covers the operations of the 2019 festival. The independent auditor report did not make any findings and determined that "...the financial statements... present fairly, and in all material respects, the financial position of the Temecula Valley Balloon & Wine Festival as of June 30, 2019, ...in accordance with accounting principles generally accepted in the United States of America." The City's Finance Director reviewed the submitted report and concurred with the findings. FISCAL IMPACT: Adequate funds for the Temecula Valley Balloon and Wine Festival have been included in the Fiscal Year 2021-2022 Annual Operating Budget for the recommended amount of Twenty -Seven Thousand Dollars and No Cents ($27,000.00). There is no fiscal impact associated with the promotional support and use of traffic control devices. ATTACHMENTS: Sponsorship and Economic Development Funding Agreement SPONSORSHIP AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA VALLEY BALLOON AND WINE FESTIVAL ASSOCIATION THIS AGREEMENT is made and effective as of this March 22, 2022, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Temecula Valley Balloon and Wine Festival Association, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Temecula Valley Balloon and Wine Festival (hereinafter referred to as the "Event") on June 3, June 4 and June 5, 2022. The Event is a special event which is located in the unincorporated area of Riverside County/Temecula Valley. b. The Event includes: morning balloon launches, evening balloon glows, wine tastings from local wineries, beer tasting from local breweries, food vendors, concerts featuring a variety of genres, each day/night. The event will also include a kids faire and a commercial court with over 150 vendors. C. Alcohol will be served. d. The City desires to be a Premier Sponsor of the Event. 2. TERM This Agreement shall commence on March 22, 2022 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2022, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed Two Thousand Dollars and No Cents ($2,000.00), use of the conference center for two training courses for volunteers, valued at an amount not to exceed, Two Hundred Fifty Dollars and No Cents ($250.00) and in -kind promotional services valued at an amount not to exceed Twenty Seven Thousand Dollars and No Cents ($27,000.00), as listed in Exhibit B, the City of Temecula shall be designated as a Premier Sponsor of the Event. As a Premier Sponsor the City shall receive sponsor benefits as listed in Exhibit A. In the event that City support services exceeds Twenty Seven Thousand Dollars and No Cents ($27,000.00), the Nonprofit may seek City authorization for payment above that amount. b. The Nonprofit is requested to partner with the Temecula Valley Convention & Visitors Bureau ("VTV") to help promote the Event. The City of Temecula contracts with the VTV to generate Visitor -Related Economic Impact for the City of Temecula. This will include but not be limited to over -night room bookings, dining and shopping within the City of Temecula. Any media visits coordinated by the Nonprofit shall include an invitation to visit all Temecula entities 08/09/2021 (i.e. Old Town, wineries, golf). Secondly,the Nonprofit shall include in its basic press kit a press release provided by the VTV which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc. This informational piece shall be provided to all media working with the Nonprofit or its representatives on festival -related stories. C. The Nonprofit shall support economies of the City of Temecula by promoting and utilizing local businesses (e.g. local food vendors, restaurants, wineries, crafters, etc.) first when competitive and practicable. d. Within 30 days of the effective date of this Agreement, Nonprofit shall submit a timeline showing the milestone dates that each Nonprofit marketing activity, including, but not limited to, public relations and media schedules, marketing measures and other promotional activities, will occur. The purpose of this provision is to ensure that the Nonprofit makes a good faith effort to maximize attendance at the Temecula Valley Balloon and Wine Festival. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Premier Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 5. FINANCIAL REVIEW The Nonprofit shall provide complete financial statements including a balance sheet, income statement of the Event. This financial review of the Event should be completed and submitted to the City no later than December 31, 2022. The financial review shall provide a general summary report on how funds were expended and used to benefit Temecula Valley residents and shall include documentation, including but not limited to, copies of invoices, receipts and cancelled checks to support the Sponsorship Funding. The financial documentation is subject to an audit, as determined by City staff. 6. FINANCIAL AUDIT The Nonprofit shall provide an audit that should be conducted in accordance with generally accepted government auditing standards also know as the Yellow Book audit. The Yellow Book audit will be audited by an independent certified public accountant and shall include the Event. These audited financial statements should be completed and submitted to the City no later than December 31, 2022, pending the Nonprofit Headquarters audit timeline. 7. PERMITS The Nonprofit shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to 08/09/2021 comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 8. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 9. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees 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 the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement. 10. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability 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 May 1, 2022, 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 Recipient 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 Recipient 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. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Receipient's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 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 lim it 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. 08/09/2021 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) Liquor Liability Coverage for bodily injury, personal injury and property damages. 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 Non Profit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. 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 Nonprofit'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 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, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit'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 Nonprofit 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-: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. Nonproft 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 08/09/2021 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 Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. GOVERNING LAW The City and the Nonprofit 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. 12. LEGAL RESPONSIBILITIES The Nonprofit 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 Nonprofit 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 Nonprofit to comply with this section. 13. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 14. 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: Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: Temecula Valley Balloon and Wine Festival Association Attn: Kellie Cantrell PO Box 1254 Temecula, CA 92593-1254 08/09/2021 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit 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. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 16. 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. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit 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 TEMECULA VALLEY BALLOON AND WINE FESTIVAL ASSOCIATION By: By:&6� Matt Rahn, Mayor Kellie Cantrell, Executive Director ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney By: r- Scott Soares, President By: /*&/". Dou N Bingham, Tre er NONPROFIT Temecula Valley Balloon and Wine Festival Association Kellie Cantrell PO Box 1254 Temecula, CA 92593-1254 951-676-6713 kellie(c-tvbwf.com PM Initi 11s. Date:�[� 08/09/2021 EXHIBIT "A" CITY OF TEMECULA SPONSORSHIP BENEFITS PREMIER SPONSOR Temecula Valley Balloon and Wine Festival Association shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on advertisements ■ City of Temecula name on all press releases • City of Temecula logo/name on event poster • City of Temecula logo/name on event flyers • City of Temecula logo/name on event t-shirt • 10 Temecula Valley Balloon and Wine Festival t-shirts "Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. 08/09/2021 EXHIBIT "B" IN -KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Temecula Valley Balloon and Wine Festival event. The following expenses can be anticipated for the event: Public Works: $2,000.00 Community Services: $250.00 TOTAL: $2,250.00 ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in -kind promotional assistance provided by The City of Temecula for the Temecula Valley Balloon and Wine Festival is as follows: Item Value Cash $ 27,000.00 In the event the City replaces Temecula Valley Balloon and Wine Festival street pole banners, the cost to do so will be deducted from the cash funding. 08/09/2021 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: March 22, 2022 SUBJECT: Receive and File the General Plan and Housing Element Annual Progress Report for the Period of January 1, 2021 to December 31, 2021 PREPARED BY: Mark Collins, Assistant Planner RECOMMENDATION: That the City Council receive and file the General Plan and Housing Element Annual Progress Report for the period of January 1, 2021 to December 31, 2021. BACKGROUND: State law (Government Code Section 65400 and 65700) requires that all cities and counties submit an annual report on the implementation of the General Plan and Housing Element to their legislative bodies, the Governor's Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD) by April 1st of each year. The purpose of the General Plan Annual Progress Report (GP -APR) and Housing Element Annual Progress Report (HE -APR) is to update the community, City Council, HCD and OPR on General Plan and Housing Element implementation progress (Attachment 1). This report is also used as an aid to identify prospective changes, or updates that may be needed for the General Plan and Housing Element. The City's last comprehensive General Plan update was completed in 2005. During the last several years, the City has amended the General Plan, to implement required Housing Element programs, and update the General Plan Land Use Element with updated policies (i.e., zoning change and increasing residential density, etc.). On February 8, 2022, the City adopted a Housing Element of the General Plan in compliance with the Regional Housing Needs Allocation (RHNA) 6th Cycle (2021-2029). DISCUSSION: Since the adoption of General Plan in 2005, the State of California has passed legislation and updated policies that require updates to the General Plan. The City has developed a four -phase process to update the General Plan, and is strategically sequencing these various updates to be efficient from a cost and technical perspective. The General Plan Annual Progress Report documents the current General Plan's compliance, and provides a phased work program to update the General Plan. As required by law, the GP -APR for 2021 was submitted to California Department of Housing and Community Development and Office of Planning and Research (OPR) on April 1, 2021. The filing also included the 2021 Housing Element Annual Progress Report. General Plan Progress The General Plan contains implementation programs, which are achieved through the goals and policies of each General Plan element. Notable accomplishments to implement the General Plan programs include: • Modifying land use designations to accommodate more housing to meet RHNA; • Adoption of Vehicle Miles Traveled (VMT) methodology for CEQA evaluation; • Making consistency findings between the City's General Plan goals and policies and the proposed 2022-2026 Capital Improvement Program (CIP); and • Implementing the City's Current Housing Element by administering programs and approving new affordable housing projects. Continued progress on the Comprehensive General Plan, 4 phase update include: • Completion of Phase 1 of 4 of the General Plan update, which includes: o Adoption of the 2021-2029 Housing Element General Plan o Adoption of the Safety Element of the General Plan • Beginning Phase 2 of 4 of the General Plan update, which includes: o Quality of Life Master Plan (QLMP) 2040 update o Complete Streets, nexus study and focused EIR o Initiation of Geographic Information System (GIS) Mapping Consolidation For reporting year 2021, the city did not adopt any General Plan Amendments. Housing Element Progress The Housing Element is intended to identify and establish City policies with respect to meeting the housing needs of existing and future residents in the City. It establishes policies that will guide City decision -making and sets forth an action plan to implement its housing goals. The commitments are in furtherance of the statewide housing goals of early attainment of decent housing and a suitable living environment for every California family, as well as a reflection of the concerns unique to the City of Temecula. Pursuant to Government Code Section 65400, the City is required to prepare and submit an Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD) and the Governor's Office of Planning and Research (OPR) Department on the status and implementations of its Housing Element. The APR includes information on the jurisdiction's progress in addressing the Regional Housing Needs Allocation (RHNA), including the number of housing units permitted by income level, number of units entitled, and the status of programs identified within the Housing Element. Regional Housing Needs Allocation Pursuant to Government Code Section 65584, the City is required to submit an annual progress report of the City's efforts in addressing our portion of the RHNA allocation as delineated in the Housing Element (Attachment 3). As a point of clarification, the RHNA allocation numbers are applicable to all income categories, not just the extremely low and very low categories. The City is required to plan for housing across all income categories, and every residential unit built in the City counts towards our RHNA allocation. However, the City is not mandated to ensure that all of its RHNA units are actually built. The City is only required to demonstrate to HCD that adequate sites are properly zoned to accommodate affordable housing. This was accomplished with the adoption and certification of 2014-2021 Housing Element (Resolution No. 14-08) and the 2018 Affordable Housing Overlay Zone (AHOZ) (Resolution No. 18-09). Attachment 2 of this staff report, demonstrate Temecula's 2014-2021 RHNA Breakdown by Year. 2021 Housing Element Reporting Analysis Since the adoption of the 2014-2021 Housing Element by City Council, the Community Development Department has prepared and submitted to HCD and OPR the required Housing Element annual reports. In 2021, staff processed 13 Housing Development Applications totaling 571 proposed units. The proposed units were reviewed and approved by the Planning Commission, City Council, or Administratively by Staff. A total of 464 building permits were issued for variety of housing types (Attachment 3). The 2021 Annual Progress Report serves to comply with State requirements to report annually on the progress of the General Plan implementation including specific requirements for reporting on the City's Housing Element and reflect the many accomplishments toward implementing the City of Temecula's General Plan. This report focuses on the final period of the 2014-2021 (51h Cycle) Housing Element of the Temecula General Plan. On February 8, 2022 the City Council adopted a new Housing Element of the General Plan for 2022-2029 (6th Cycle), future reports will detail its efficacy. FISCAL IMPACT: There are no fiscal impacts associated with the State's General Plan Annual Progress Report submitted yearly to OPR. However, the 2017 Legislative Housing Package increased the importance of the Housing Element Annual Progress Report. Consequences for failing to complete and submit the Annual Report may include court sanctions and losing local control over affordable multifamily housing development entitlements to a new streamlined approval process. ATTACHMENTS: 1. General Plan and Housing Element Annual Progress Report for 2021 2. Temecula's 2014-2021 RHNA Breakdown by Year 3. Appendix A - Housing Element Annual Progress Report for 2021 a 1989 GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORT REPORTING YEAR 2021 2021 March 16, 2022 (scheduled Hearing Date) 2020 April 13, 2021 TABLE OF CONTENTS Ift, Submitted to HCD and OPR by April l Submitted to HCD and OPR by April 1 INTRODUCTION.....................................................................................................................................................................2 GENERALPLAN PROGRESS................................................................................................................................................3 HOUSINGELEMENT..............................................................................................................................................................9 COMPLIANCE WITH OPR GENERAL PLAN GUIDELINES...................................................................................... 11 COMPLIANCE WITH OTHER OPR GUIDELINES........................................................................................................ 14 HOUSING ELEMENT 2021 ANNUAL PROGRESS REPORT.................................................................................... 15 Appendix A: 2021 Annual Housing Element Progress Report 11Page INTRODUCTION The City of Temecula was incorporated in 1989 as a General Law City. Since incorporation, the City of Temecula has placed a high value on an excellent quality of life for the community. The vision, goals, and policies identified in City's General Plan reflect those values and the desire for an excellent quality of life. This General Plan Annual Progress Report (GP -APR) documents the City's progress on implementing the General Plan for calendar year 2021 while also forecasting anticipated changes and detailing compliance with statutory requirements. While the Temecula General Plan was last comprehensively updated in 2005, the General Plan is a living document that is often updated to reflect policy changes and statutory requirements. Since 2005, the City of Temecula has approved approximately eleven General Plan Amendmentsl, an updated Housing Element, and various Municipal Code amendments to advance the vision, goals, and policies of the General Plan. Several of these approved General Plan Amendments have increased the capacity and the ability of the market to generate additional housing (including adding additional density). While these updates have kept the General Plan current, the City recognizes there is a need to update the General Plan in a more comprehensive manner. The lingering side effects of the 2007-2008 financial crisis, significant housing legislation changes (ADU's, Urban Lot Splits, Ministerial Approvals, etc.), and the continued restrictions and limitations surrounding the COVID-19 pandemic have slowed progress (as demonstrated in Figure 1) of the City's in progress comprehensive update. As the City adopted its 6t1i Cycle Housing Element on 8 February, 2022, the City is well positioned to continue a comprehensive update. A kickoff for the General Plan Update was held in the Fall of 2020, this date slipped beyond our original target, due to the previously mentioned delays. Active public engagement is a core component of a General Plan update and the City has adapted and learned to safely engage our community in person as well as various online sources including virtual meetings, social media, City website, City Mobile App, surveys, etc. The City, is implementing a four -phase general plan update. The first phase is currently complete and incorporated an updated Housing Element, VMT, and as well as other public safety requirements. Phase two is currently underway and will incorporate an update to the City's Quality of Life Master Plan (QLMP) and the adoption of a Complete Streets policy which will set the foundation for the General Plan's vision, goals, and policies. Phase three will incorporate detailed SWOC analysis and fiscal land use studies. Phase four will comprehensively update the General Plan as well as the EIR for the General Plan. The below graphic is a DRAFT plan for the different phases of the General Plan update. The contents, schedule, and sequence may change based on recommendations from the City's consultant. By the end of reporting year 2020, the City Council adopted VMT Guidelines (May 2020), and the Housing Element on 8 February 2022. We anticipate Phase 3 of the GP update to be completed by Fall of 2022, with the adoption of the updated QLMP. LCity of Temecula General Plan Use Map —Revision Table 2 1 P a g e Plan UpdateProcess i Timeline Phase 1 Phase 2 Phase 3 Phase 4 (IN PROGRESS UNTIL OCT. 2021) (JAN. 1, 2021 MARCH 2O22) [MARCH 2022 - AUGUST2022] (SEPT. 2022 - JAN. 1, 2025i v HOUSING ELEMENT 4V1'i.GWE5Si1]I fii�JYvSW •tl QLMP 2030 UPDATE j 7/ • c,•a�i�T�r�uC 7}� NCVBdI MIiNEC9lFNL NA ®SWOCANALYSIS STAWLASLBNMfH15 5 919WMAIRTE6 GENERAL PLAN UPDATE ® CUI—ELIGi ON MN �2 i1r VEHICLE MILES TRAUELLE❑ [SB743 fMC pICN0.�RY COMT.7 RPP OLTrLsagTecnoN [MIA FISCAL LAND -USE STUDY EIR91 - ]2 1NTE NL qL RIPCOREVAW ER Y6LCITY vECQNC PFDWE wE,PpEArococoRUNIfY M SUSTAPABI-1 CITY ®�/ ESA MONTN5L➢YERlAP5W1PIM�l1 PUBLIC SAFETY ELEMENT 'ETRAMPORTAnON. MOBILITY a CONNECTNUY AaLE BLE CIT GC•4T. mAUTU ABLE ® nPunW ILEMENFK I1ENEPrr LOIX4L H4 E4110I IQATIDN RAN I —II - �3]0 CISASTER PLANlIING - A9TR EVAa NourEs -seoo f;14 BASE U NE VMT EVAL NEXUSSTUDY COMPLETE STREETS GIS MAPPING QLMP CORE VALUE QUNI'tii]ItE VALOE QLMPCOREVALUE HEALTHY A U"A..E 12 ECON. PROSPERITY 1 3 SAFE a PREPARED CITY I COMWNTTY GP ELEMENTS I GPELEMENTS IGP ELEME NTS LAND USE ECON. DEV. PU9UCSAFET HOUSING NOISE COMMUNITY DESIGN ULM P OURE VALUE QLMP CORE VALUE QLMP CORE VALUE T4 SUSTAINABLE CITY 15 TRANSP. MOBILITY 6 H ACCOUNTABLE S CONNECTIVITY RESPONSIBLE CITY GOV. GP ELEMENTS GF ELEMENTS GP ELEMENTS CONSERVATION CIRCULATION GROWTH MGT.+PU13LIC OFENSPACE COMP LETE STREETS(ATP) FACILITIES AIR QUALITY (CU MATE ENV. JUSTICE ACTION PLAN) Figure I DRAFT General Plan Update Process & Timeline The City of Temecula's General Plan is accessible on the City's website at: https://temeculaca.gov/345/General-Plan GENERAL PLAN PROGRESS Project Progress QLMP CORE VALUE #7 FUTURE EQUITY ELEMENT ENVAUSPCE The City continues to implement the Temecula General Plan. The below projects demonstrate General Plan progress and provide specific excerpts of goals, policies, and implementation programs that are complementary to the projects. This list is not meant to be exhaustive or all inclusive. 3 1 P a g e Temecula Village Phase II GPA (PA20-1323): A General Plan Amendment to amend the underlying General Plan Land Use designation of the project site from Professional Office (PO) to Medium Density Residential (M). Status: Approved Harveston GPA and SPA (PA18-0659 and PA18-0660) - A General Plan Amendment to amend the underlying General Plan Land Use Service Commercial designation on a portion of Planning Area 12 of the Harveston Specific Plan to a Specific Plan Implementation (SPI) Land Use; and a Specific Plan Amendment to the Harveston Specific Plan including a residential overlay on an 87.54-acre portion of Planning Area 12 that would allow the future development of a maximum of 1,000 residential units, new development standards and design guidelines for future projects developed within the residential overlay, and a new architectural style allowed for multifamily development. Status: Approved RESIDENTIALDEVELOPMENT PROJECTI PA21-0100 — ADU: A development plan for a detached 1,012 square foot Accessory Dwelling Unit. Status: Approved PA21-0184 — ADU: A development plan for a detached 800 square foot Accessory Dwelling Unit. Status: Approved PA21-0507 — Sommers Bend PA 17B: Home Product Review for Planning Area 17B of the Roripaugh Ranch Specific Plan to allow for three (3) unique detached single-family plans with three (3) architectural styles consisting of 35 lots. Status: Approved PA21-0508 — Sommers Bend PA 18B: Home Product Review for Planning Area 18B of the Roripaugh Ranch Specific Plan to allow for three (3) unique detached single-family plans with three (3) architectural styles consisting of 27 lots. Status: Approved PA21-0585 — Sommers Bend PA 18C: Home Product Review for Planning Area 18C of the Roripaugh Ranch Specific Plan to allow for four (4) unique detached single-family plans with three (3) architectural styles consisting of 38 lots. Status: Approved PA21-0586 — Sommers Bend PA 20A: Home Product Review for Planning Area 20A of the Roripaugh Ranch Specific Plan to allow for four (4) unique detached single-family plans with three (3) architectural styles consisting of 29 lots. Status: Approved PA21-0939 — Sommers Bend PA 18A: A model Home Complex for Planning Area 18A of the Roripaugh Ranch Specific Plan to allow for four (4) unique detached single-family plans consisting of 4 lots. Status: Approved 4 1 P a g e PA21-1003 — Heirloom Farms: A model Home Complex for Heirloom Farms to allow for six (6) unique detached single-family plans consisting of 6 lots. Status: Approved PA21-1028 — ADU: A development plan for a detached 1,000 square foot Accessory Dwelling Unit. Status: Approved PA21-1097 — Sommers Bend PA 17A: A model Home Complex for Planning Area 17A of the Roripaugh Ranch Specific Plan to allow for four (4) unique detached single-family plans consisting of 4 lots. Status• Approved PA21-1442 — Sommers Bend PA 31A: Home Product Review for Planning Area 3 1 A of the Roripaugh Ranch Specific Plan to allow for three (3) unique detached single-family plans with four (4) architectural styles consisting of 81 lots. Status: Approved PA21-1512 — ADU: A development plan for a detached 850 square foot Accessory Dwelling Unit. Status: Approved 5 1 P a g e 1. Land Use — Diverse Land Use Goal 1 A diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses. The residential projects listed above support. Policy 1.2 to promote the use of innovative site planning techniques that contribute to development of a variety of residential product styles and designs, including housing suitable for the community's labor force. Policy 1.9 Establish paseos, greenbelts, linear parks and trails within buffer areas between developments and at the City's edge. 2. Land Use — Preserving Residential Neighborhoods Goal 5 A land use pattern that protects and enhances residential neighborhoods. Policy 5.1 Consider the compatibility of proposed projects on surrounding uses in terms of the size and configuration of buildings, use of materials and landscaping, preservation of existing vegetation and landform, the location of access routes, noise impacts, traffic impacts, and other environmental conditions. Policy 5.3 Require proposed development to evaluate the incremental traffic impacts on local roads throughout the proposed project phasing in order to ensure that any adverse impacts to local roads in residential areas are avoided or adequately mitigated. 3. Land Use — Natural Resources and Community Aesthetics Goal 6 A development pattern that preserves aesthetics and enhances the environmental resources of the Planning Area. Policy 6.1 Preserve the natural aesthetic quality of hillsides and reduce hazards associated with hillside development within the Planning Area. Policy 6.5 Create distinctive features at entry points to the City that emphasize Temecula's aesthetic and environmental setting. 4. Land Use — Temecula's Role within the Region Goal 8 A City compatible and coordinated with regional land use and transportation patterns. Policy 8.3 Ensure development projects within the French Valley Airport area of influence comply with the Airport Land Use Compatibility Plan (ALUCP) for the Airport, and refer all land use actions identified within the ALUCP to the Airport Land Use Commission for mandatory review. 5. Housing Element — Provide Adequate Housing Sites Goal 1 Provide a diversity of housing opportunities that satisfy the physical, social, and economic needs of existing and future residents of Temecula. Policy 1.1 Provide an inventory of land at varying densities sufficient to accommodate the existing and aroiected housing needs in the Citv. 6 1 P a g e Policy 1.2 Encourage residential development that provides a range of housing types in terms of cost, density, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types. Policy 1.3 Require a mixture of diverse housing types and densities in new developments around the village centers to enhance their pedestrian orientation and diversity. Policy 1.4 Support the use of innovative site planning and architectural design in residential development. 6. Housing Element — Assist in Development of Affordable Housing Goal 2 Provide affordable housing for all economic segments of Temecula. Policy 2.1 Promote a variety of housing opportunities that accommodate the needs of all income levels of the population, and provide opportunities to meet Temecula's fair share of extremely low, very low, low and moderate income housing by promoting the City's program of density bonuses and incentives. Policy 2.2 Support innovative public, private, and nonprofit efforts in the development of affordable housing particularly for special needs. Policy 2.4 Pursue all available forms of private, local, state, and federal assistance to support development and implementation for the City's Housing Programs. Policy 2.5 Require that all new affordable housing developments incorporate energy and water efficient appliances, amenities, and building materials to reduce overall housing related costs for future low and moderate income households and families. 7. Housing Element — Promote Equal Housing Opportunities Goal 5 Provide equal housing opportunities for all residents in Temecula Policy 5.2 Support efforts to ensure that all income segments of the community have unrestricted access to appropriate housing. 8. Open Space/Conservation Goal 3 Conservation of important biological habitats and protection of plant, and animal species of concern, wildlife movement corridors, and general biodiversity. This project supports Policy 3.1-3.7. MS Mountain View - Building 4 DP (PA21-0105) — Development Plan for the construction of an approximately 33,636 square foot industrial building. Status: Approved MS Mountain View - Building 9 DP (PA21-0125) — Development Plan for the construction of an approximately 19,919 square foot industrial building. Status: Approved MS Mountain View - Building 8 DP (PA21-0132) — Development Plan for the construction of an approximately 17,329 square foot industrial building. Status: Approved MS Mountain View - Building 5 DP (PA21-0743) — Development Plan for the construction of an approximately 23,788 square foot industrial building. Status: Approved 7 1 P a g e MS Mountain View - Building 6 DP (PA21-0744) — Development Plan for the construction of an approximately 19,769 square foot industrial building. Status: Approved MS Mountain View - Building 10 DP (PA21-0745) — Development Plan for the construction of an approximately 19,336 square foot industrial building. Status: Approved MS Mountain View - Building 11 DP (PA21-0746) — Development Plan for the construction of an approximately 17,503 square foot industrial building. Status: Approved MS Mountain View - Building 12 DP (PA21-1470) — Development Plan for the construction of an approximately 38,714 square foot industrial building. Status: Approved MS Mountain View - Building 13 DP (PA21-1471) — Development Plan for the construction of an approximately 19,727 square foot industrial building. Status: Approved MS Mountain View - Building 20 DP (PA21-1472) — Development Plan for the construction of an approximately 9,867 square foot industrial building. Status: Approved Remington Industrial — Building DP (PA21-0384) — Development Plan for the construction of an approximately 32,792 square foot industrial building. Status: Approved Wolfe Store Road Fuel Station - DP (PA21-0449) — A Development Plan for a 7 pump fuel station, 245 square foot kiosk, 3,337 square foot retail building and 940 square foot garage. Status: Approved Long Horn Steak House — DP (PA21-0793) A development Plan for a 5,708 square foot restaurant. Status: Approved Land Use — Diverse Land Use Goal 1 A diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses. The residential projects listed above support. Policy 1.4 Support development of light industrial, clean manufacturing, technology, biomedical, research and development, and office uses to diversify Temecula's economic base. Goal 2 Successful, high -quality mixed use development projects containing a mix of residential, commercial/office, and civic land uses, supported by alternative modes of transportation. Policy 2.5 Ensure that the architecture, landscape design, and site planning of mixed use projects is of the highest quality, emphasizing a pedestrian scale and safe and convenient access between uses. Goal 7 A viable, high -quality Old Town Temecula area that enhances the City economically, preserves historic structures, and provides civic, cultural, shopping, and meeting and gathering places for tourists and residents. Policy 7.1 Encourage revitalization of Old Town through implementation of the Old Town Specific Plan. Goal 1 Enhancement of the City's image related to its regional and natural setting and its tourist orientation. Policy 1.2 Apply requirements of the Old Town Specific Plan to all new construction as well as to the rehabilitation of structures in the Old Town Area. Goal 2 Design Excellence in site planning, architecture, landscape architecture and signs. Policy 2.3 Provide development standards ensuring higher quality building and site design that is well integrated with the infrastructure and circulation systems. Policy 2.5 Limit light and glare pollution through design standards for outdoor lighting, the use of low intensity lights, and lighting that supports the continued use of the Mt. Palomar HOUSING ELEMENT The City has an adopted and certified Housing Element for the period of 2014 to 2021 (5t' cycle) and pursuant to Government Code Section 65400, is required to prepare and submit an Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD) and the Governor's Office of Planning and Research (OPR) Department. The APR includes information on the jurisdiction's progress in addressing the Regional Housing Needs Allocation (RHNA), including the number of housing units permitted by income level, number of units entitled, and the status of programs identified within the Housing Element. The APR must be considered by the City Council at a public meeting prior to submitting it to HCD and OPR by April 1st of each year. As required by law, the 2021 Housing Element Annual Progress Report 9 1 P a g e (Appendix A) was submitted to HCD on April 1, 2022. There are no penalties for resubmitting the annual progress report past the April 1 st date if the City Council wishes to revise the report. The Housing Element is intended to identify and establish City policies with respect to meeting the housing needs of existing and future residents in the City. It establishes policies that will guide City decision -making and sets forth an action plan to implement its housing goals. The commitments are in furtherance of the statewide housing goals of early attainment of decent housing and a suitable living environment for every California family, as well as a reflection of the concerns unique to the City of Temecula. Regional Housing Needs Allocation In accordance with Government Code Section 65584, the City is required to submit an annual progress report of the City's efforts in addressing our portion of the RHNA allocation as delineated in the Housing Element. The reporting spreadsheets are much different than in years past due to the passage of AB 879 and SB 35 of the 2017 California Housing Package, as well as AB 1486 Surplus of Land (2019), and AB 1233 Housing Element: Regional Housing Need (2020) added new data requirements for the Housing Element Annual Progress Report. These changes are reflected in the new APR form and instructions. As a point of clarification, the RHNA allocation numbers are applicable to all income categories, and not just the extremely low and very low categories. The City is required to plan for housing across all income categories, and every residential unit built in the City counts towards our RHNA allocation. However, the City is not mandated to ensure that all of its RHNA units are actually built. The City is only required to demonstrate to HCD that adequate sites are properly zoned to accommodate affordable housing. This was accomplished with the adoption and certification of 2021-2029 Housing Element (Resolution No. 21-2029) and the 2018 Affordable Housing Overlay Zone (AHOZ) (Resolution No. 18-09). The following table shows the City's 2021-2029 RHNA allocation for the City: M Total Total Allocatlo ll nit3 to Remaining Income Level n by 2013 2014 2015 2016 2017 2418 2019 2020 202T RHNA by Income pate (all Income I -Iyears) Level - Restricted 375 15 3so - Very Low Restricted - Restricted 251 - Low Restricted Deed - - - - - - - - - Restricted 271 15 a5s NanDeed - - - - 15 - - - - Moderate Restricted Above Moderate 596 - 383 223 299 84 90 209 266 378 1,962 - Total RHNA r 1,493 Total Units f - f 383 f 223 f 299 f 114 f 90 f 209 f 286 f 378 f 1,982 f 867 101Page 2021 Reuortin2 Analysis Since the adoption of the 2021-2029 Housing Element by City Council, the Community Development Department has prepared and submitted to HCD and OPR the required annual reports. The new APR form (2018-2021) is broken down in the following manner: Table A Housing Development Applications Submitted Table A2 Annual Building Activity Summary — New Construction, Entitled, Permits and completed units Table B Regional Housing Needs Allocation Progress — Permitted Units Issued by Affordability Table C Sites identified or Rezoned to Accommodate Shortfall Housing Need Table D Program Implementation Status Table E Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites Table F Commercial Development Bonus Approved Table G Locally Owned Site Table H Locally Owned Surplus Land Inventory Summary Full Summary of the Tables LEAP Local Early Action Planning (LEAP) Reporting As mentioned above, the APR form has changed, and staff has included all that applies to our jurisdiction. In 2021, staff processed 13 Housing Applications totaling 571 proposed units. The proposed units were approved by the Planning Commission, City Council or through an administrative review, as required. Staff issued a total of 464 building permits for variety of housing types, please see Appendix A for full details. As required by law, the attached 2021 Housing Element Annual Progress Report was submitted to HCD on April 1, 2021. There are no penalties for resubmitting the annual progress report past the April 1 st date if the City Council wishes to revise the report. In conclusion, this 2021 Annual Progress Report serves to comply with State requirements to report annually on the progress of the General Plan implementation including specific requirements for reporting on the City's Housing Element and reflect the many accomplishments towards implementing the City of Temecula's General Plan. COMPLIANCE WITH OPR GENERAL PLAN GUIDELINES The City of Temecula comprehensively updated the Temecula General Plan in April 2005. Since that time, the state has adopted new required elements through direct statue or indirect means (such as making elements required for future funding/grant opportunities). The below table provides a glance at the City's compliance with OPR's General Plan Guidelines by labeling elements as compliant, in compliance under old guidelines, or out of compliance. Status Legend ® Compliant In compliance under old guidelines, updates needed or may be needed • Out of compliance 111Page State Elements City Elements Status Notes Pursuant to Senate Bill ("SB") 743, the City will adopt VMT thresholds in 20202 to meet the State mandated July 1, 2020 deadline. Future General Plan updates will incorporate additional "Complete Circulation Circulation Street" requirements. The City has also started interregional efforts to address circulation issues on the I-15 corridor' that are outside the City's regular area of responsibilities. I-15 congestion continues to be a major concern in the region and the City will continue to advocate for transportation solutions. The City will update the Conservation Element to address any possible deficiencies. The City is a Conservation Open Space participant in the Western Riverside County Conservation MultiSpecies Habitat Conservation Plan (MSCHP) as well the San Diego Regional Water Control Board's MS4 permit. he City adopted its Housing Element (6' Cycle), on Housing Housing February 8, 2022. The City adopted its 6t' Cycle Housing Element on February, 8 2022. The City also has incorporated form -based Specific Plans that include mixed -land Land Use Land Use uses and increased density in Old Town Temecula and Uptown Temecula. The City is compliant with Noise element Noise Noise 0 requirements. The City is a participant in the Western Riverside Open Space Open Space County Multi -Species Habitat Conservation Plan Conservation Is (MSCHP) as well the San Diego Regional Water Control Board's MS4 permit. -7- Safety Public Safety JKn updated Safety Element was adopted with the Housing Element on February 8, 2022. z https://temeculaca.legistar.com/View.ashx?M=A&ID=773092&GUID=DE32B7D6-2659-4CF7- 80B53ABA034AD5C0 3 https://temeculaca.ciov/1228/Move-1-15-Through-Temecula-Valley-Reg-Ta 121Page The City of Temecula elected to include this optional element, as it is not required by statue. A future Not required Air Quality update will be necessary to ensure the latest data is incorporated into the General Plan. GHG analysis will be required. This optional element, while compliant, may warrant Not required Community Design updating to reflect substantial changes in the community's population since 2005. Not required Economic Development • Growth Not required Management Public Facilities The City has achieved or is on -track to achieve many of the economic goals outlined in the General Plan. This includes developing the SR-79 south corridor, further development of Old Town Temecula, the expansion of lodging along the freeway, and the recycling of old commercial centers (Uptown Temecula Specific Plan). Updates may be needed to reflect progress on these goals and the City may need to adopt new goals. The City's optional Growth Management/Public ju Facilities element ensures that equitable, sustainable, and efficient growth occurs within the City. This includes addressing level of service issues related to service providers (water, sewer, trash, etc.), public safety, and physical facilities. 131Page COMPLIANCE WITH OTHER OPR GUIDELINES Environmental Justice According to the below map generated by CalEPA, the City of Temecula does not contain any SB 535 Disadvantaged Communities. The City does contain AB 1550 Low-income Communities. As the City updates the General Plan, the City will comply updated Environmental Justice requirements. SB 535 Santa Rasa TEMECV Pk�t�au VA i L E Y 1 -e end � Teme�_� 513 535 Disadvantaged L u t v Communities p AB 1550 Law -income p P �} Communities; ; 513 535 Disadvantaged ice, F'rt� Communities and AB 1550 Low- r income Communities AB 1550 Law -income Communities within a 1/2 mile of a 515 535 Disadvantaged Community�r:.�,�� County of Riverside; Bureau of Land klanagement...f n ;�11 Figure 2: httas://ww3.arb.ca.eov/cc%apandtrade/auctionproceedsleommunioinvestments.htm Military Lands and Facilities According to the California Military Land Use Compatibility Analyst (CMLUCA) map (available on the next page), the City of Temecula does contain any military installations, training routes, or special air space. Additionally, the City is not located within 1,000 feet of any military installations. Even so, the City recognized Marine Corps Base Pendleton in the current General Plan, with a focus on the former San Onofre Nuclear Generating Station (SONGS)4. The City has also engaged with the San Diego Regional Military Working Group (with SANDAG) and other SANDAG border liaisons to address the critical infrastructure needs along the I-15 corridor. During recent 4 https://temeculaca.ciov/DocumentC enterNiew/288/Public-Safety-PDF?bidld= 141Page studies, the City identified a significant number of military personnel who travel from Temecula and other adjacent cities to various bases within San Diego County. California Military Land Use Compatibility Analyst '•IMILITARY BASES 71 Mum eta k0ta y erancnes \\ AIR FORCE ■ ARMY ■ T COAST GUARD MARINE CORPS ■ \ NAVY ■ FLIGHT PATHS 4IL IHTR m Cahlomia IR- Instrument Route rook ■ SR -Slow Route U VR- Visual Route ■ NOTrainiiog Routes l�, AIR SPACE - No Mlnafy IIrsWllaCore No Special Air , SUA in Calibmo Esri, HERE, Garmin; (c) OpenStreetMap jqA ti dJW,___ Copyright ®2010 State of Cayfomia, Alert Figure 3: http://Cmluca.gis.ca.govl Consultation with Native American Tribes The City of Temecula consults with local tribes on a regular basis in compliance with AB 52 and SB 18 requirements. This is tracked by using the City's enterprise permitting system. In addition to regular consultation, the City holds quarterly meetings with one tribe to collaborate on upcoming projects. Finally, the City continues to work with our local tribal partners to achieve goals, policies, and plans identified in the General Plan. In a recent instance, the Pechanga Band of Luiseno Indians contributed $14.5 million dollars to a General Plan (Circulation Element) identified interchange improvements. HOUSING ELEMENT 2021 ANNUAL PROGRESS REPORT 5 https://temeculaca.ciov/ArchiveC enterNiewFile/Item/129 151Page Please see Appendix A for the City's Housing Annual Progress Report. 161Page Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability 1 2 3 4 Income Level RHNA Allocation by Income Level 2013 2 2015 2016 2017 2018 2021 Total Units to Date (all years) Total Remaining RHNA by Income Level Very Low Deed Restricted 375 15 15 ssg Non -Deed Restricted Low Deed Restricted 251 - 251 Non -Deed Restricted Moderate Deed Restricted 271 15 25e Non -Deed Restricted 15 Above Moderate 596 383 223 2991 841 901 209 286 378 1,952 Total RHNA Total Units 1,493 3781 1,9821 867 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202) Jurisdiction Temecula Reporting Year 2021 (Jan. 1 - Dec. 31) Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Land Use Element and Provide a range of residential development In September 2018, the City adopted the Affordable Housing Overlay (AHO). The AHO Development Code opportunities through appropriate land use identified 44 parcels which total just over 100 acres, and can accommodate the City's designations. 10/15/2014 mandated affordable housing needs of 2,007 units for affordable households. Additionally, staff continued to encourage opportunities for senior and affordable housing projects throughout 2020. Sites for Emergency Provide for sites for the development and The City and nonprofit organizations continued to work together to provide resources for Shelters opportunities for the provision of housing for homeless people seeking shelter in 2020. Several nonprofit agencies continued to the homeless. Ongoing provide a provision of services including temporary inclement weather shelter and other housing options for homeless in the Temecula Valley area. The City also actively participates in Riverside County Continuum of Care 10-year plan to end homelessness. Sites for Transitional/ Provide for sites for the development and On April 23, 2013 the City completed a Zoning Code amendment and adopted an Supportive Housing opportunities for the provision of short- to 01/31/2015 Ordinance permitting transitional housing, supportive housing, residential care facilities, moderate- length stay affordable housing. 9 Y g� and efficiency unit housing in residential zones subject to the same permit processing Y 9� 1 p p 9 procedures as other housing in the same zone. Density Bonus Ordinance Encourage the provision of senior In September 2018, the City updated its Density Bonus Ordinance (DBO) to conform with /affordable housing development by Government Code Section 65915. The DBO encourages the production of affordable continuing to implement the Density Bonus housing by authorizing the City to grant an increase to the maximum allowable residential Ordinance. 10/31 /2014 densityfor eligible projects, and to support the development of eligible projects at greater residential densities by granting incentives, concessions, waivers, and/or reductions to applicable development regulations. In 2020, City staff continued to encourage density bonus opportunities by offering the option to developers to take advantage of the density bonus provisions. Land Assemblage and Assist with the development of affordable The City has been unable to purchase land for contribution to affordable housing Affordable Housing housing by acquiring land for the developments since the dissolution of CA Redevelopment Agencies in 2011. In 2012, Development development of low- and moderate -Income after the dissolution of Temecula Redevelopment Agency (RDA), the City took ownership housing. of all affordable housing assets. Currently, there is $12.5 million in Tax Allocation Bond Proceeds that may be used for affordable housing. The City released a Request for Ongoing Proposal (RFP) in mid-2015 soliciting for affordable housing development proposals regarding a number of housing options — transitional, supportive, special needs, senior/veteran, and working -family affordable. The City continued to facilitate the development of housing units affordable to lower -income households by making the bond proceed information available to developers and nonprofit housing agencies through the development application process. Second Unit Ordinance Facilitate the development of affordable In 2020, the City adopted an Ordinance to amend Title 17 of the Temecula Municipal housing through the construction of second Code to update the language pertaining to Assessory Dwelling Unit (ADU) to be units. Ongoing consistent with Government Code Section 65852.2. The ADU Ordinance allows for second dwelling units in all residential zoning districts where there is an existing single- family detached dwelling unit. The City continued to allow and promote the construction of second units in 2020. Mortgage Credit Certificate Assist first time home buyers by promoting The MCC Program is administered by the Riverside County Economic Development (MCC) Program the regional Mortgage Credit Certificate Annually Agency (EDA). The City has not been contacted by the County EDA within the last three Program. years to participate. First Time Home Buyer Assist lower -income first time home buyers The City did not fund FTHB loans during the 2020 reporting period. As a result of the Program with the purchase of a home through the dissolution of CA Redevelopment Agencies per ABX1 26, the City no longer offers a use of loan assistance. FTHB program. In 2013, the City was working with Riverside County to enter into a Ongoing HOME Consortium Agreement to reinstate the program for the Temecula community. However, the Consortium was not able to be formed due to a lack of approved participating jurisdictions in order to meet the minimum program formula requirements. Housing for Extremely Low- Encourage and facilitate housing suitable The City continued to encourage the development of housing for extremely low-income Income Households for extremely low-income households. households through a variety of activities, such as conducting outreach to housing developers regarding future SARDA financial assistance and partnership and expedited Ongoing entitlement processing. The City continued to identify grant funding opportunities, and apply for applications for funding of temporary shelter and a provision of services for low- income individuals and families. The City continued to review and prioritize local funding, such as CDBG to assist in this area where feasible. Energy Conservation Encourage the use of energy conservation The City continued to require energy conservation measures in residential construction features in residential construction and Ongoing and remodeling, by implementing the State's energy conservation standards (e.g., Title remodeling. 24 Energy Standards) through the plan review process for all new building construction permits. Development Fees Reduce the cost of affordable/senior The City continued to evaluate opportunities to reimburse City fees for appropriate Reimbursement housing development through the Ongoing housing developments, but did not enter into any new agreements to provide reimbursement of development fees. development fee reimbursement in 2020. Expedite Processing of Continue to expedite processing of The City continued to implement as short a time frame as possible for affordable housing Affordable Housing Projects affordable housing projects. Ongoing projects. One project, Las Haciendas Apartments went through the entitlement process and was approved in 2020. Periodic Consistency Review Conduct biannual review to ensure The City continued to track and stay abreast of changes in state housing law which of General Plan, Municipal consistency with legislative and regulatory would require amendments to the General Plan and Municipal Code. The City updated Code, and State Law amendments, new state laws, and case law Biannually it's Development Code, adopting the Affordable Housing Overlay and Density Bonus interpretations. Ordinance in 2018. The City continues to review state law to identify areas of the Development Code and General Plan that may need amending to maintain consistency with state law. Preserve At -Risk Housing Encourage the continued affordability of at- The City continued to work with interested parties to renew the covenants on any Units risk housing units to preserve existing Annually expiring affordable restrictions. affordable housing opportunities. Code Enforcement Maintain the existing housing stock through The City has adopted the 2016 California Building Code and actively conducts annual the enforcement of the UBC. Ongoing property inspections for affordable housing projects that are/were funded with RDA/SARDA funds. Residential Improvement Assist with the rehabilitation of existing The City did not fund any RIP loans during the 2020 reporting period; however, the City Program (RIP) single- and multi -family lower -income did fund a new housing rehab program through its Fiscal Year 2016-17 CDBG program. housing units through the use of loan and Ongoing Total funding, in the amount of $31,470, was approved for a subrecipient (Habitat for grant programs. Humanity) to administer the improvement program for 7 housing units during the fiscal year. Section 8 Rental Assistance Support the County of Riverside's Section 8 The Section 8 Rental Assistance Program is administered by the Riverside County Program Rental Assistance Program. Ongoing Housing Authority. The City continued to provide information about the Section 8 rental assistance voucher/certificate program to potential tenants in 2020. Mobile Home Assistance Avoid the loss of affordable housing within No residents pursed MPAP funds during the 2020 reporting period. Program (MPAP) mobile home parks due to the closure of existing parks by providing technical Ongoing assistance to lower -income mobile home park residents pursing MPAP funds. Equal Housing Opportunity Promote equal opportunities for housing by participating in the Riverside County Consortium. Ongoing The City continued to work with and fund the Fair Housing Council of Riverside County in implementing the fair housing plan, disseminate information regarding fair housing services, and provide referrals to the fair housing program in Riverside County. In 2018, the Fair Housing Council of Riverside County promoted fair housing by advertising in local media, attending community events in Riverside County, and distributing fliers to locations in Temecula. In July, City CDBG staff participated in a community outreach event and presented fair housing information. The event was advertised in the local Temecula newspaper, online, and on local cable access television. Housing Referral Directory Assist community members in locating housing that meets the individual's needs. Ongoing The City continued to offer housing referral services through the Housing Referral Directory number, 211, and to local non-profit shelter and service providers. Housing for Persons with Disabilities Analyze and determine whether there are constraints on the development, maintenance, and improvement of housing for persons with disabilities. Annually The City continued to enforce the Reasonable Accommodation Ordinance adopted in 2011, but has not processed a specific project requiring implementation and consistency findings to be made to remove constraints. Employee Housing Review and if needed amend the Temecula Municipal Code to address the Employee Housing Act, especially California Health and Safety Code Section 17021.5 and 17021.6. 01/31/2015 The City began review of the Temecula Municipal Code to define and permit employee housing providing accommodations for six or fewer employees. Employee housing shall be deemed a single-family structure with a residential land use designation. Review of the amendments is still underway. Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: March 22, 2022 SUBJECT: Approve an Agreement for Consultant Services with Ascent Environmental, Inc. for the Preparation of a Subsequent Environmental Impact Report (SEIR) for the Temecula Valley Hospital Master Plan Update (PA22-0105) PREPARED BY: Brandon Rabidou, Senior Management Analyst RECOMMENDATION: That the City Council approve the Agreement for Consultant Services with Ascent Environmental, Inc., in the amount of $307,133, with a 10% contingency of $30,713, for a total agreement of $337,846, for the preparation of a Subsequent Environmental Impact Report (SEIR) for the Temecula Valley Hospital Master Plan Update. BACKGROUND: The City is currently processing an update to the Temecula Valley Hospital Master Plan (Planning Application No. PA22-0105). In accordance with the California Environmental Quality Act (CEQA), Ascent Environmental, Inc. will prepare a Subsequent Environmental Impact Report (SEIR) for the proposed project that will include analysis in the following areas: • Aesthetics • Air Quality/Greenhouse Gases/Energy • Biological Resources • Cultural and Historic Resources/Tribal Cultural Resources • Geology and Soils • Hazards • Hydrology and Water Quality • Land Use and Planning • Noise • Public Services and Utilities • Fire Protection Services • Law Enforcement Services • Traffic and Transportation • Wildfires FISCAL IMPACT: There will be no fiscal impact to the City. The applicant deposited sufficient funds to cover the cost of services. ATTACHMENTS: 1. Agreement 2. Ascent Environmental, Inc. Proposal AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ASCENT ENVIRONMENTAL, INC. TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (SEIR) (PA22-0105) THIS AGREEMENT is made and effective as of March 22, 2022, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Ascent Environmental, Inc., 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 March 22, 2022, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2028. 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. 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. 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 three hundred seven thousand one hundred thirty-three dollars and zero cents ($307,133.00), plus 10% Contingency of thirty thousand seven hundred thirteen dollars and zero cents ($30,713.00) for a total not to exceed Agreement amount of three hundred thirty-seven thousand eight hundred forty-six dollars and zero cents ($337,846.00) 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 08/09/2021 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. C. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by Choose an item. Any additional work in excess of this amount shall be approved by the Choose an item. d. 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's 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. 5. 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. 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. 6. DEFAULT OF CONSULTANT a. The Consultant's 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. 7. OWNERSHIP OF DOCUMENTS 08/09/2021 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. INDEMNIFICATION The Consultant 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 Consultant'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. 9. INSURANCE REQUIREMENTS a. 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. 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 Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 08/09/2021 3) 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. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. Limits of Insurance. Consultant 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) 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 Dollars ($1,000,000) per claim and in aggregate. d. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). e. 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; 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'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 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 the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 08/09/2021 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 in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 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. f. 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. g. 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. 10. 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. 11. 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. 12. RELEASE OF INFORMATION 08/09/2021 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 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. 13. 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: Ascent Environmental, Inc. Attn: Eric Ruby 1230 Columbia Street, Suite 440 San Diego, CA 92101 14. 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'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 Consultant. 15. 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. O8/09/2021 16. 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 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. 17. 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. 18. 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. 19. 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: Matt Rahn, Mayor ATTEST: By. Randi Johl, City Clerk APPROVED AS TO FORM: By: Ascent Environmental Inc. By: #0aVbs, President By: C ris Mundhenk, Principal Peter M. Thorson, City Attorney CONSULTANT Ascent Environmental. Inc Attn: Eric Ruby 1230 Columbia Street, Suite 440 San Diego, CA 92101 (760) 801-7040 Eric. rubvCa)ascentenvironmental.com City Purchasing Mgr. Initials and Date: 1pl7i% 08/09/2021 EXHIBIT A Tasks to be Performed All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. 08/09/2021 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Contractors proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $337,846.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 10 08/09/2021 January 13, 2022 Mr. Scott Cooper Associate Planner City of Temecula Community Development Department 41000 Main Street Temecula, CA 92590 7or4Me ENT N7AL Subject: Proposal for Temecula Valley Hospital Master Plan Update Subsequent Environmental Impact Report (SEIR) Dear Scott, Ascent Environmental (Ascent) understands that the City of Temecula (City) is seeking a consulting firm with the expertise to prepare a Subsequent EIR for the Temecula Valley Hospital Master Plan Update project, located on Temecula Parkway/Highway 79 South in the City of Temecula. Ascent principal Eric J. Ruby has been providing California Environmental Quality Act (CEQA) documentation support to the City for more than 12 years on a variety of projects, including previous CEQA documents for various components of Temecula Valley Hospital. Our proposal has been prepared based on information provided by the city and the applicant's team, the City's response to our questions, and our comprehensive understanding of City of Temecula CEQA requirements. Ascent has a substantial bench of skilled in-house planning and environmental professionals uniquely capable of preparing CEQA documents and technical resource studies. This group of talented personnel has the experience, expertise, longevity, professional commitment, and availability to deliver on any project, small or large. The Ascent team assembled for this contract is familiar with working on hospital/medical facility projects and is involved with several of the largest and most controversial CEQA projects in southern California. Our proposal demonstrates the unique qualifications that make Ascent ideally suited to provide the City with these services. Why select the Ascent team? Because we have the experience, reputation, and unique abilities that differentiate us from other project teams: Extensive Healthcare Project Experience. Ascent has prepared numerous CEQA documents and related technical studies for healthcare and master plan projects in the city and throughout southern California. Ability to Streamline the CEQA Process. Ascent prepares legally adequate CEQA documents with the appropriate amount of environmental analysis and uses a variety of approaches to document and process streamlining. i Technical Depth. Our team has a full array of in-house technical expertise, including in the areas of air quality and climate change, biological resources, noise, stormwater quality, and regulatory permitting. Ascent's technical experts have the knowledge and experience to provide comprehensive peer review of technical studies prepared by others. Responsiveness. We expedite projects and get the job done. Our managers and technical experts understand specific regulatory processes and project schedules. We are no strangers to adhering to strict deadlines —without sacrificing quality or legal defensibility. Ascent Environmental, Inc., 1230 Columbia Street, Suite 440, San Diego, California 92101 Ntoin: 619.219.8000 Fax: 916.444.3927 ascentenvironmental.com City of Temecula January 7, 2022 Page 2 Our proposal shall be valid for a minimum of one hundred eighty (180) days. The Ascent team is ready to provide the City of Temecula with our experienced, responsive, and committed team. As a principal of Ascent, Eric J. Ruby is authorized to legally bind the firm. We look forward to continuing to provide environmental consulting services to support the City of Temecula. Sincerely, '// 4, Eric J. Ruby Principal -in -Charge e: Eric.Ruby@AscentEnvironmental.com a: 760.801.7040 Enclosure cc: Project File (20210169.00) T(;ICA � r-cw �- Nicole Greenfield Project Manager e: nicole.greenfield@AscentEnvironmental.com p: 619.509.0674 Technical Approach This section outlines our technical approach to preparing the SEIR and the proposed CEQA document preparation and processing timeline. The proposed project is the Temecula Valley Hospital Master Plan Update SEIR project and envisions the buildout of the project site. The project site was previously mass graded as part of Phase I and encompasses the Phase I hospital building, construction staging area, helipad, project site access, drainage infrastructure, and stormwater quality basins. The project is consistent with the City's existing General Plan land use and zoning designations, and proposes a master plan modification and a PPO amendment. Several previous CEQA document have been adopted/certified for the project site. The prior certified/adopted CEQA documents will be incorporated by reference into the SEIR to be prepared for the proposed project. Based upon a preliminary review of the proposed project and the applicant's technical studies, it is assumed that an SEIR is the appropriate CEQA document, because mitigation measures may be identified to reduce or eliminated project impacts. This scope of work assumes that the following applicant provided technical studies and information related to the project site are available for incorporation into the SEIR. Ascent will peer -review the technical studies to ensure that they have been adequately prepared to support the SEIR and are legally defensible. For purposes of this scope of work, it is assumed that modification or supplement of the following applicant - prepared studies would not be required: ► Architecture and Perspectives/Renderings ► Phase 1 Environmental Site Assessment ► Geotechnical Evaluation ► Preliminary Drainage Report ► Water Quality Management Plan ► Helicopter Noise Study ► Proposed Development Plans/Grading Plans The following tasks are proposed to prepare and process the SEIR. Task 1: Project Kickoff Project Description, Meetings Upon receipt of the notice to proceed, the Ascent principal -in -charge and project manager will meet with City staff to discuss the project. Ascent's role at the meeting may involve but would not be limited to the following activities: ► Introduce the project team to the applicant team and the assigned City project manager. ► Review the project description information, preliminary plans, and design specifications, phasing information, construction and operational details, existing relevant technical studies, and any other pertinent information. ► Identify and outline the applicant's project objectives. ► Discuss the overview of the City's processing needs and finalize the schedule. ► Prepare the draft planning process and project description for City review. Deliverables ✓ Draft Planning Process and Project Description ✓ Project schedule Task 2: Prepare Administrative Draft CEQA Initial Study Ascent will prepare the administrative draft Initial Study (IS), using the City's approved format, for review by the applicant and City staff. As required by CEQA, the IS will include a description of the project, figures (including a location map showing the project site boundary, existing zoning and rezoning areas, and General Plan land use designations, and an Assessor Parcel Number map), and any other pertinent project information, as well as discussion of the probable environmental effects under the project. CITY OF TEMECULA 11 TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR The project description will be based on information provided by the applicant and will identify the project location and setting, site characteristics, the project objectives, and characteristics of the project. It will describe the proposed land uses, as well as any off-site/right-of-way construction staging areas. This section will also describe the requested permits and approvals for the project. In addition, the project description will include a discussion of the past, present, and reasonably foreseeable future projects and activities in the surrounding areas that will serve as the basis for the cumulative impact analysis. Based on information included in the request for proposal (RFP), our knowledge of the project area, the nature of the project and its impacts, and CEQA requirements, we anticipate that the following issues will be addressed in the IS and carried forward into the SEIR. It is our understanding that cultural resources and wildfire hazards will not be evaluated in detail in the IS or SEIR. Aesthetics Implementation of the project would result in a visual change to the project area. The project area is in a highly disturbed area, including surrounding developed lands. Ascent understands the often -sensitive topic of visual resources as it relates to development in proximity to undeveloped landscapes and will prepare a detailed discussion and analysis of the potential impacts of the proposed land uses. Tasks ► Evaluate the project site for potential impacts on nearby land uses. ► Identify cumulative impacts. ► Determine the significance of potential project impacts on the existing visual character of the area. ► Discuss features included in the project (if any) that reduce visual impacts. ► As appropriate, identify additional or alternative measures to avoid or reduce any potentially significant effects to a less -than -significant level. ► Develop mitigation measures in consultation with the City, as appropriate. Air Quality/Greenhouse Gases/Energy A threshold -level air quality/GHG assessment will be prepared. Construction and operation emissions are anticipated to be nominal and within established thresholds because of the previously graded nature of the site and the phasing of construction employees that would likely be associated with the proposed project. The City of Temecula does not have a "qualified" climate action plan, although the City is part of the Western Riverside Council of Governments Subregional Climate Action Plan. The City maintains a citywide sustainability plan. Tasks Include the following information in the study to ensure that the IS/SEIR analysis is legally adequate: ► Describe local and regional climate, meteorology, and topography because they affect the accumulation or dispersal of air pollutants. ► Conduct a daily inventory of criteria air pollutant emissions for the proposed project construction and operation using the CalEEMod air quality model. ► Evaluate the conformance of the project with the air quality management plan and determination of whether identified air quality impacts would meet any South Coast Air Quality Management District thresholds of significance. ► Prepare the IS/SEIR air quality, GHG and energy sections, and determine impacts that could occur because of the proposed project. ► Identify cumulative impacts and discuss the potential for cumulative development to adversely affect air quality or impede attainment of air quality goals. ► Identify practical, feasible, and clear measures to mitigate any adverse impacts of the project on air quality that are identified in the analysis. Develop mitigation measures in consultation with the City as appropriate. ► Identify energy consumption and conservation measures. CITY OF TEMECULA 11 TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR Biological Resources This scope of work assumes, because of the previous on -site grading and construction of facilities, that there are no significant biological resources on the project site. A formal biological resource assessment is not proposed to be prepared for the IS/SEIR. However, a cursory IS checklist review, including a Natural Diversity Data Base (NDDB) search and site walkover (Burrowing Owl) will be completed to document the lack of on -site biological resources. Cultural and Historic Resources / Tribal Cultural Resources In accordance with discussions with city staff a Phase 1 detailed cultural resources investigation is required for this project. Ascent and ASM Affiliates will assist the City with Tribal Cultural Resources consultation as required. Tasks ► Using existing available information, identify any documented archaeological resources subject to direct or indirect impacts from the project as required under State CEQA Guidelines Section 15064.5. ► Complete the IS checklist cultural resource section. ► Incorporate the results of the City's Assembly Bill (AB) 52 Native American consultation into the IS. ► Identify City of Temecula standard mitigation measures to mitigate any potential adverse impacts of the project on cultural resources. ► To comply with CEQA, ASM will first perform a records search and literature review. ASM will contact the Eastern Information Center (EIC) to obtain information on any previously conducted archaeological projects and previously documented cultural resources located within a 1/2-mile radius of the defined project area. For any such studies or resources, the EIC will provide reports and available documentation, including California Department of Parks and Recreation (DPR) 532 site records. Other sources of information that will be consulted, as available, will include published and unpublished documents and materials available from related historical societies and archives. The results of the archival research will be synthesized to provide a background of prior activities and known resources within the project area. ASM will also request a search of the Sacred Lands File (SLF) by the Native American Heritage Commission (NAHC) to identify any areas of Native American heritage significance located within the study area. ► ASM will conduct an archaeological survey/site visit of the project location. Field investigations will be conducted by a qualified archaeologist. ASM's Project Manager and additional qualified staff will be responsible for the technical quality of fieldwork, for the direct on -the -ground supervision of all aspects of fieldwork and data gathering, for proposing resource evaluations and recommendations for further treatment, and for preparing field records and descriptive reports. For the purposes of this project, ASM assumes the survey will be negative, that we will not make any determinations on the project's potential to affect historic properties. Geology and Soils A brief geotechnical analysis will be prepared from the available applicant -provided technical study and City GIS information. Tasks ► Include the following information in the geotechnical evaluation to ensure the IS/SEIR analysis is legally adequate: ► Geotechnical hazards and potential project effects on existing proximal groundwater basin characteristics. ► Prepare the geology and soils section based on an approved geology/soils characterization. Determine impacts that could occur because of the proposed project. ► Identify practical, feasible, and clear measures to mitigate any adverse impacts of the project associated with geology and soils that are identified in the analysis. Hazards Ascent will evaluate potential hazards related to implementation of the project. The project site has been previous mass graded, and it is not anticipated that the project would generate industrial wastes or toxic substances during construction and/or operation. CITY OF TEMECULA 11 TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR Tasks ► Summarize applicable federal, state, and local hazardous waste regulations as they pertain to the project and the project area. ► Determine impacts that could occur because of the project. ► Identify practical, feasible, and clear measures to mitigate any adverse impacts of the project associated with hazards that are identified in the analysis. Hydrology and Water Quality Project development has the potential to alter on -site drainage and surface water quality. The technical hydrology study prepared by the project applicant will be peer -reviewed and incorporated into the IS/SEIR. Tasks ► Describe existing site conditions, including watershed, hydrology, groundwater, and sediment yield characteristics; regulatory background; potential surface runoff, flooding and sediment yield; and mitigation measures, if required. ► Identify cumulative impacts and discuss the potential for cumulative development to adversely affect hydrological resources and water quality. ► Identify practical, feasible, and clear measures to mitigate any adverse impacts of the project associated with hydrological resources and water quality that are identified in the analysis. Land Use and Planning The project is consistent with the existing General Plan and zoning designations for the site. The project features could be incompatible with existing or planned surrounding land uses or could conflict with surrounding land use designations or relevant zoning. Tasks ► Discuss the relationship of existing and proposed uses of the project site with existing and planned uses of surrounding properties. Discuss consistency with the City's General Plan, zoning, and other relevant planning programs. ► Identify existing and proposed land uses within and adjacent to the project site, including regional trails. ► Identify any inconsistencies with local or regional land use policies. Recommend mitigation measures to improve compliance with local land use policies. Noise An acoustical/noise technical analysis will be prepared to evaluate temporary and permanent noise impacts associated with the project. In addition, the applicant's helicopter noise consultant's report will be peer reviewed and incorporated into the IS/SEIR. Tasks Include the following information to ensure that the IS/SEIR noise analysis is legally adequate: ► Noise -sensitive land uses or activities in the vicinity of the proposed project site that would be affected by development of the project will be identified. ► The mix and duration of proposed construction equipment and operations. ► Evaluate the potential for on -site construction activities to temporarily affect nearby sensitive receptors. ► Conduct a peer review of the helicopter noise report and once approved, incorporate helipad arrival and departure noise into SEIR. ► Prepare the IS/SEIR noise section based on Ascent project, and applicant -prepared helicopter noise study and supplemented by Ascent's noise specialist for other project -generated noise sources (e.g., operational traffic, stationary sources, vibration). Determine noise impacts that could occur because of the project. ► Identify practical, feasible, and clear measures to mitigate any adverse noise impacts of the project that are identified in the analysis. Develop mitigation measures in consultation with the City as appropriate. CITY OF TEMECULA H TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR 4 Public Services and Utilities The proposed project could result in an extension of, and demand for additional utilities/services. The project would not generate an increased demand on schools, parks, or other public facilities. Tasks ► Describe existing public services and utilities. ► Identify impacts to public services and utilities. ► Identify measures to mitigate potential impacts on service providers and to minimize security hazards. Fire Protection Services The project site is not located in a high fire hazard area with limited access. The fire protection assessment will include the following tasks: ► In consultation with the Temecula Fire Department, describe the increased demand for fire protection and for equipment and facilities that would result from the proposed project. Discuss the department's ability to serve these needs and maintain adequate service levels throughout the area. ► Identify measures to mitigate potential impacts on fire protection and emergency medical service providers and to minimize fire hazards. ► Identify practical, feasible, and clear measures to mitigate any adverse impacts of the project that are identified in the analysis. Develop mitigation measures in consultation with the City as appropriate. Law Enforcement Services The project site is in Temecula where law enforcement services are provided through a contract between the City and the Riverside County Sheriff's Department. The assessment will include the following tasks: ► Describe potential public safety or security problems associated with the project, including emergency access. ► Identify measures to mitigate potential impacts on police service providers and to minimize security hazards. Traffic and Transportation A Traffic Impact Analysis (TIA) and VMT Assessment will been prepared for the project by LLG. Project implementation is expected to result in impacts on traffic/Vehicle Miles Traveled and access along adjacent roadways in the project vicinity. The IS/SEIR and will include the following tasks: ► Prepare a TIA and VMT analysis which will document the existing roadway striping, traffic control measures, curbside parking restrictions, adjacent intersection configurations, and other pertinent roadway features. ► Summarize the trip generation forecast for the critical access and staging areas associated with the project (construction traffic) for a typical weekday over a 24-hour period, as well as for the a.m. and p.m. peak hours. Identify any lane closures associated with construction activity for the study intersections and street segments. ► Summarize the capacity of the study area roadways, and prepare a VMT summary analysis. ► Detailed scope features are summarized as follows: Part A: Scoping Agreement ► Coordinate with the project team and obtain relevant site plans, aerials, and project data. ► Coordinate with the project team and client and obtain the proposed land use information for the site. Preparation of Scoping Memo ► Conduct a preliminary trip generation calculation and determine the level of VMT analysis and LOS Analysis that will be required for the project. ► Prepare a Formal Scoping Agreement for City review. CITY OF TEMECULA H TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR ► Coordinate with the City of Temecula staff to address scoping comments. ► Submit a final Scoping Letter. Part B: VMT Assessment VMT Anal ► Obtain current zoning from the Client and determine if the project is consistent with the General Plan or Community Plan from a land -use and transportation infrastructure perspective. Consistency with local planning documents is considered consistent with the Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). ► If necessary, review the surrounding land use mix, population density, transportation infrastructure, mobility options, and project -specific design (i.e., land use type/density/mix, accessibility, TDM measures, parking, etc.). These elements collectively shape mobility behavior and provide an indication of expected project VMT. ► Prepare traffic models for the following 4 conditions. Two new models are needed and two are off the shelf models. ► Baseline ► Baseline with Project ► Cumulative without Project ► Cumulative with Project ► Compare the VMT to the Regional Average. ► Recommend VMT mitigation if necessary though the use of TDM measures. ► Prepare a VMT analysis that details all of the above -mentioned items, our analysis, findings, and conclusions. Incorporate into the traffic study. Part C: Preparation of LOS Analysis Collection, Research, and Baseline Determination ► Visit the project study area to confirm existing conditions with respect to existing site development, local area development, site access, parking use, and areas of congestion in order to verify our overall understanding of traffic conditions in the area that might affect this project. ► Conduct Year 2022 street segment counts at up to 15 street segments in the project area. ► Conduct Year 2022 traffic counts during the AM and PM peak periods at up to 15 key study intersections. The traffic counts will be conducted between the hours of 7:00 AM and 9:00 AM and 4:00 PM and 6:00 PM. These traffic volume data will be utilized in the LOS analysis for the Project. ► Research other nearby developments in the Project vicinity that may contribute to cumulative impacts at the study area locations. Project Trip Generation, Distribution & Assignment ► Prepare a trip generation forecast for the proposed Project land use for a typical weekday over a 24-hour period, as well as for the commuter AM and PM peak hours. Appropriate trip generation credits will also be applied (i.e. existing land uses on site, mixed -use development, and transit), if applicable. Prepare the trip generation for each project phase. ► Prepare trip generation forecasts for the cumulative projects for a typical weekday over a 24-hour period, as well as for the commuter AM and PM peak hours utilizing the SANDAG publication. The AM and PM peak hour trips expected to be generated by the cumulative projects will be distributed and assigned to the local street system. ► Develop Existing, Existing + Project, Opening Day without each project phase and with each project phase, and Cumulative + Project traffic volume forecasts, representing the near -term scenarios that require analysis. ► Develop a long term traffic volume forecast, consistent with city requirements. Project Evaluation and Improvement Analysis All tasks will be completed for each project phase. CITY OF TEMECULA H TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR ► Prepare AM peak hour and PM peak hour Level of Service (LOS) calculations at the study intersections and segments for the scenarios outlined above. ► Assess the impact of the Project based on the results of the peak hour intersection analyses, the City's LOS standards and application of the City's significance criteria. Based on this assessment, determine which intersections (if any) require improvements by the Project. ► Conduct a driveway queuing analysis. ► Identify improvements, which may include intersection and/or signalization improvements, segment improvements, striping modifications, the addition of auxiliary turn lanes, traffic control/limitations at site access points, etc. Please note that this proposal assumes the recommended improvement measures can be adequately described within the text of the report. Site Access and Circulation Review ► Review the proposed site plan and provide recommendations to address any concerns regarding site access and circulation. Provide recommendations regarding the location of site access driveways, the number of driveways, potential turn restrictions, and connectivity with the internal site circulation system. Also recommend control type and right-turn/left-turn lanes as necessary. ► Conduct a peak hour signal warrant analysis at the appropriate locations. ► Conduct a queueing deficiency analysis at each project driveway. Active Transportation Review ► Document the existing pedestrian, bicycle, and transit infrastructure along the Project frontage. ► Document the existing pedestrian and bicycle counts at the area intersections. ► Document the existing transit routes serving the Project area. ► Research applicable portions of the local pedestrian, bicycle, and transit planning documents. ► Qualitatively discuss future pedestrian, bicycle, and transit circulation. Preparation of the LOS Report ► Prepare a draft study in report format that details all of the above -mentioned items, our analysis, findings and conclusions. The draft report will be suitably documented with tabular, graphic and appendix materials. The draft report will be submitted for your review and by appropriate members of the team. ► If necessary, revise the draft report once based on team comments, and resubmit a revised draft report to the Client for the initial submittal to the City of Temecula. ► Prepare for and attend 7 meetings / conference calls. Wildfire The project site is in an infill area and is not subject to direct urban-wildland interface wildfire hazards. This will be indicated in the IS checklist. The administrative draft IS/SEIR will include high -quality color figures that depict the proposed project and associated project impacts. All documents shall be provided in editable/unlocked formats, including Word, PDF, AutoCAD, GIS, and Adobe InDesign. Deliverables ✓ Draft IS — 3 copies Task 3: Prepare Administrative Draft Subsequent EIR If it is determined during preparation of the IS that no significant impacts would result from project implementation or that identified significant impacts would be reduced to a less -than -significant level through the application of project design features, a negative declaration (ND) or an MND will be prepared. If it is determined during preparation of the IS that unavoidable adverse impacts have the potential to occur, an SEIR will need to be prepared. As we discussed, this scope of work assumes that a SEIR will be the requisite CEQA document. Section 15162 of the CEQA Guidelines outlines SEIR requirements, as follows: 15162. SUBSEQUENT EIRS CITY OF TEMECULA 11 TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (E) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. (F) Once a project has been approved, the lead agency's role in project approval is completed, unless further discretionary approval on that project is required. Information appearing after an approval does not require reopening of that approval. If after the project is approved, any of the conditions described in subdivision (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted. (G) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state where the previous document is available and can be reviewed. Following receipt of City comments, Ascent will make any necessary document revisions and prepare the draft SEIR for final check and public review. Deliverables ✓ Administrative draft SEIR— 3 copies Task 4: Prepare/Distribute Draft CEQA SEIR for Public Review Subsequent to city review of the administrative draft SEIR, Ascent will prepare the draft SEIR, which will reflect the final comments from City staff. After the final changes are completed, Ascent will submit a draft IS/EIR to the City to ensure that the document correctly responds to all comments before it goes to print. Ascent will be responsible for the preparation of all required CEQA notices, transmittals, and electronic filings and the distribution of the SEIR. The City will be responsible for the following newspaper publication notices: notice of preparation, notice of completion, and notice of determination. CITY OF TEMECULA H TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR Deliverables ✓ Draft SEIR, State Clearinghouse/CEQAnet —15 copies ✓ Draft SEIR, City — 30 copies ✓ Draft SEIR, Distribution List— 50 copies ✓ Evidence of certified mailing of all required copies to State Clearinghouse and applicable agencies — 1 copy Task 5: Prepare Final SEIR / MMRP At the conclusion of the SEIR public review period, Ascent will work with the City to obtain and catalog all comments received on the SEIR. An administrative final SEIR, including revisions to the draft SEIR, any errata, and the compiled responses to comments using the City's standard format will be prepared, if required. It is difficult to predict public reaction to the SEIR currently. For the purpose of this proposal and based on our recent experience, it is estimated that public reaction to the document will be average and that a maximum of 40 hours of technical staff time would be required to respond to comments on the SEIR. Deliverables ✓ Administrative draft final IS/SEIR —15 copies ✓ Draft & Final MMRP —1 copy Task 6: Attend Public Hearings Under this task, Ascent will attend up to two public hearings with the City as required for the project. Ascent assumes that the public hearings will be virtual. This scope of work assumes that the applicant or the City is responsible for payment of all filing fees, including the County Clerk and California Department of Fish and Wildlife CEQA filing fee. CITY OF TEMECULA 11 TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR Timeline Ascent can begin work on the project immediately. We will strive to exceed your expectations by serving as a true extension of City staff. Our management style is proactive, and we will look for opportunities to streamline the environmental process where feasible. The Ascent team will manage the project so that the schedule established at the beginning is maintained to the degree it is under our control. The following table presents our proposed schedule for the Temecula Valley Hospital Master Plan Update SEIR project. Based on our prior experience, we are fully capable of meeting this schedule. If any element of the schedule below does not meet your expectations, we would appreciate the opportunity to discuss with you how we can modify it to meet the City's needs. The schedule to prepare the SEIR is dependent on the completion of the final project description package and technical studies prepared by the applicant's team and on the timeframes required by the City and CEQA. The total overall schedule for the SEIR, including certification action, is expected to take approximately 10 months, as summarized in the following table. This expectation assumes some overlap on tasks. IS/SEIR SCHEDULE Project Description 1 week from receipt of notice to proceed, project information, and applicant -prepared technical studies Peer Review of Technical Studies 3 weeks after receipt of technical studies Administrative Draft IS/SEIR 8 weeks after approval of project description and peer review of technical studies Draft IS/SEIR 1 week after approval of administrative draft IS/SEIR Public Review of IS/SEIR 45 days Final IS/SEIR/Response to Comments 3 weeks from receipt of all IS/SEIR comments Cost Summary The proposed price for preparation of the SEIR for the Temecula Valley Hospital Master Plan Update SEIR project is presented below. Task 1: Kickoff, Project Description, and Meetings $ • 13,815 Task 2: Prepare Administrative Draft CEQA Initial Study & Peer Review Technical Studies' $228,968 Task 3: Prepare Screencheck Draft SEIR $ 19,090 Task 4: Prepare/Distribute Draft SEIR for Public Review $ 12,240 Task 5: Prepare Final SEIR / MMRP $ 24,590 Task 6: Public Hearings $ 6,430 Reimbursable Expenses $ 2,000 Total $307,133 1 Cost includes air quality, cultural resources, energy, greenhouse gas, noise and traffic technical studies, and peer review. CITY OF TEMECULA H TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR 10 To promote clarity, the following assumptions explain the basis of the proposed price. The price is estimated based on a good -faith, current understanding of the project. If selected, Ascent is interested in discussing the City's needs and revising the scope of work and price, as warranted, to meet expectations. Proposed Price Validity. The price proposed to carry out the scope of work is valid for 120 days from the date of submittal, after which it may be subject to revision. Lump -Sum Price. The proposal is a lump -sum price to perform the proposed scope of work. Monthly invoices will be submitted based on percentage of progress toward completion occurring in each billing period. Compliance with CEQA. The price assumes that environmental services are offered in compliance with CEQA. Work related to Western Riverside County Regional Conservation Authority Multiple Species Habitat Conservation Plan compliance, NEPA compliance, Section 404, or other permit processes is not included. This work can be provided with a contract amendment. Schedule. The price is based on the proposed schedule. If the schedule is protracted significantly (more than 60 days) for reasons beyond Ascent's control, a budget amendment may apply to the remaining work. Ascent will consult with the City about a course of action. Completion of Work. The scope of work is complete upon the acceptance by City staff of the final deliverable. Price and Staff Allocation to Tasks. The proposed price has been allocated to tasks. Work has been assigned to the identified staff or labor category. Ascent may reallocate budget or staff among tasks, as needed, as long as the total contract price is not exceeded. Changes to the Project. If the description of the project is changed after it has been approved for use by the City, a budget amendment will be warranted to the extent completed work needs to be revised or redone. Scope of Analysis. The price is based on the proposed scope of analysis. If new technical issues, alternatives, field surveys, modeling, or analysis is identified after contract execution, a budget amendment would be warranted. Adequacy of Provided Materials. Materials provided by others are assumed to be complete and adequate for use in the analysis. If supplemental or revised analysis, studies, data, or fieldwork is needed to render such materials adequate, a budget amendment would be warranted. Tribal Consultation. Whether a tribe or tribes will request consultation under AB 52 (Statutes of 2014) is unknown. The scope and budget therefore do not include performance of this consultation. Consultation assistance can be added, if needed, with a scope and budget amendment. Preliminary Draft Review Cycles and Reviewers. Preliminary draft review cycles are specified in the scope of work. Preliminary drafts will be reviewed by City staff and not by other agencies or entities. Consolidated Comments. The City will provide Ascent with one consolidated set of reconciled, nonconflicting comments on preliminary drafts. Responses to Public Comments. After public review of the draft environmental document, Ascent will prepare a list of commenters; compile, organize, review, and evaluate comments; and coordinate with City staff to develop response strategies. Up to forty labor hours are budgeted for preparing responses to comments. If the number or complexity of comments requires a greater level of effort, Ascent and the City will coordinate about a course of action and budget augmentation, if needed. References Cited. Ascent will maintain electronic copies of cited references and provide electronic files during public review. Ascent will submit electronic copies of all references to the City for archiving upon completion of the scope of work. Reproduction Costs. The reproduction cost of documents is included in the price, based on assumptions regarding the number of copies, document length, and extent of color graphics. If the number of copies, document length, or extent of color content exceeds assumptions, a budget augmentation would be warranted. CITY OF TEMECULA 11 TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR 11 Final Environmental Document. The final environmental document will consist of a comments and responses to comments volume or chapter. Text revisions to the draft document, if needed, will be assembled in a section. Modification, redline/strikethrough, and reproduction of the draft document are not included but can be provided with a budget amendment. Litigation Support. Ascent is available to assist in the lead agency's response to a lawsuit, subject to a contract amendment. Except for electronic files of cited references, assembly of an administrative record or project record is not included but can be provided with a budget augmentation. CITY OF TEMECULA 11 TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR 12 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 22, 2022 SUBJECT: Approve the Agreement with Bio Clean Environmental Services, Inc., for the Purchase and Installation of Inlet Filters PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council approve the agreement with Bio Clean Environmental Services, Inc., for the Purchase and Installation of Inlet Filters, in the amount of $393,679. BACKGROUND: On June 2, 2017, the City of Temecula received Order No. R9-2017- 0077, An Order from the State of California Water Quality Control Board directing the Owners and Operators of Phase I Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region to Submit Reports Pertaining to the Control of Trash in Discharges from Phase I MS4s to Ocean Waters, Inland Surface Waters, Enclosed Bays and Estuaries in the San Diego Region (Trash Amendments). The Trash Amendments require MS4 permittees with regulatory authority over priority land uses (PLUS) to comply with the prohibition of trash discharge. The city must install, operate, and maintain full capture systems (FCS) for all storm drains that capture runoff from the PLU in their jurisdictions. Priority Land Use areas account for approximately 3,400 acres of land area within the City's jurisdiction. The city identified 543 storm drain inlets within 50 feet of PLUs that were assumed to drain or receive runoff from the PLU areas The city plans to install full capture systems (inlet filters) at proposed locations at a rate of 10% each year until the goal of 100% is achieved. This project will include the installation of the first 116 inlet filters, with proposed completion of all 543 inlet filters by spring 2030. This proposed schedule meets the final compliance date of December 2, 2030, as indicated in the Trash Amendments. Bio Clean Environmental Services, Inc., has been determined to be the sole -source manufacturer of the full capture system inlet filters to meet all the requirements of the State of California Water Quality Control Board. Staff therefore requests approval of the Agreement with Bio Clean Environmental Services, Inc. FISCAL IMPACT: Adequate funds are available in the Annual Operating Budget Fiscal Year 2021-22, Capital Outlay, Equipment. ATTACHMENTS: Agreement — Bio Clean Environmental Services, Inc. PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND BIO CLEAN ENVIRONMENTAL SERVICES, INC. INLET FILTERS THIS AGREEMENT is made and effective as of March 22, 2022, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Bio Clean Environmental Services, 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 March 22, 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. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Contractor agrees to manufacture, sell and install for the City Inlet Filters as more particularly described in Exhibit A, Contractor's Quotation ("Scope of Work"), attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 3. PURCHASE / INSTALLATION PRICE The Purchase Price which City agrees to pay to Contractor for the Equipment is Three Hundred Ninety -Three Thousand, Six Hundred Seventy Nine Dollars and Zero Cents ($393,679.00). The Purchase Price is final and shall be paid by City to Contractor in accordance with the following schedule (Exhibit B). The compensation includes (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Equipment furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination. 4. SCOPE OF WORK Contractor shall manufacture and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ("Work"). Contractor shall provide and furnish all 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. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial 08/06/2021 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. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html 7. REPRESENTATIONS AND WARRANTIES OF VENDOR Contractor makes the following representations and warranties to City: a. Authority and Consents. Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation, and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms. b. Title and Operating Condition. Contractor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment for use as Inlet Filters and that City is relying on Contractor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. C. Full Disclosure. None of the representations and warranties made by Contractor in this Agreement contains or will contain any untrue statement of a material fact, or 08/06/2021 omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 8. 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. 9. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished, and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 10. TIME OF DELIVERY The date and time of delivery of the Equipment shall be on or before no more than 90 days from the effective date of this agreement. 11. PLACE OF DELIVERY The Equipment shall be delivered to this location: City of Temecula, Facilities Operation Center (FOC) 43230 Business Park Drive, Temecula, CA 92590. 12. LABOR AND MATERIAL BONDS Within ten (10) business days from the City Council's approval of this agreement, Contractor shall provide the City with: (1) a Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the amount of the Contract. The bonds shall be in substantially the form attached hereto as Exhibits C as approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City. 13. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses. 08/06/2021 14. NO REPLACEMENT OF CURE This Agreement calls for strict compliance. Contractor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of this Agreement. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Contractor. 15. 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. 16. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Equipment Description and/or Scope of Work attached hereto as Exhibit A. b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. 17. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the 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 the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event 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. 08/06/2021 18. 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. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 5) 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. 6) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 7) 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. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). C. 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 Redevelopment Agency of the City of Temecula, 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; 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 Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 08/06/2021 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 the Redevelopment Agency of the City of Temecula, 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. d. 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. e. 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. 19. SURVIVAL OF REPRESENTATIONS AND WARRANATIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 20. 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. 21. PROHIBITED INTEREST No officer, or employee of the City of Temecula 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 has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business 08/06/2021 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. 22. 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. 23. 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. 24. 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: Bio Clean Environmental Services, Inc. Attn: Jason Keesler, Project Manager Direct Phone: (951) 454-9319 398 Via El Centro Oceanside, CA 92058 Phone: (855) 566-3938 08/06/2021 25. 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. 26. 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. City is not subject to any online terms and conditions or "click through" agreements of Contractor. 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. 27. 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: Matt Rahn, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By BIO CLEAN ENVIRONMENTAL SERVICES, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: LV, -�- �- Sean Hasan, Western Regional Director By: Steve Hides, VP and General Manager Peter M. Thorson, City Attorney BIO CLEAN Bio Clean Environmental Services, Inc. Jason Keesler, Project Manager 398 Via El Centro, Oceanside, CA 92058 Ofc-855-566-3938 / Direct-951-454-9319 www.biocleanenvironmental.com Jason. keesler(a)forterrabp.com City Purchasing Mgr. Initials and Date: 0 08/06/2021 EXHIBIT A DESCRIPTION OF EQUIPMENT AND/OR SCOPE OF WORK BIO-45"Clea l August 11, 2021 Subject: Bio Clean Project # 10560 — City of Temecula Kraken Filter Project —Temecula, CA Attn: Stuart Kuhn, Associate Civil Engineer, City of Temecula Anissa Sharp, Office Specialist II, City of Temecula I have attached the spreadsheet & Bio Clean contract which highlights the Kraken and CPS filters which can be provided at the locations specified by the city, per the measurements performed by Bio Clean. The breakdown is as follows: -- 92 out of 105 locations will work with the Bio Clean Kraken media filters. Filters to be installed by Bio Clean (fine location to take 2 KMF for a total of 93 KMF filters) — Total cost to furnish the KMF materiai = $286,525 — Total cost for the laborto install the KMF material = $46,035 — Total cost to furnish + install the KMF material = $332,560 — 24locations will work with the Bio Clean CPS units — CPS+ KMF will fit in 16 locations; 8 locations will work only with the CPS units — Total cost to furnish the CPS material = $22,223 — Total cost for the labor to install the CPS material = $11,880 — Total cost to furnish + install the CPS material = $34,103 — Total project cost to furnish+ provide the labor to install the Kraken and CPS material = $366,663 ($308,748 in material + $57,915 in labor) — Total project cost with sales tax estimated at 8.75% = $393,679 ($27,016 in sales tax + 366,663 for material + labor) — The City of Temecula shall provide traffic control for any material installed near Diaz Rd, Winchester Rd, or Rancho California Rd. — Bio Clean will handle all other traffic control + reference the new CA DOT temporary traffic control plans (attached): https:/Idot.ca.gov/-/media/dot-media/programs/safety-programs/documents/ca- mutcd/rev6/camutod 2014-rev6. pdf Thank you for the opportunity to work together. If you have any questions, please feel free to reach out to me directly at (951) 454-9319. Si ncere ly, Bio Clean Environmental Services Jason Keesler, Filter Insert Project Manager 10 08/06/2021 EXHIBIT B PAYMENT RATES AND SCHEDULE Bio�Clean Quotation A Ferterra Company Date: 0V V2021 late: 3273 Project ID-10560 Project Name: Prevailing Wage: Citylof Temecula Kraken Fiher Sales Contact Sean Hasan (760) 473-1057 S Project Bid Date: - Model Notes Cty Calc PricefUnit Unit Total Price TAX -EST 1 $27,016.00 EA $27,016.00 Estimated sales tax at 8.75% SUBTOTAL = $27.016.00 CIF CIF-KF-13 4 $2,475.00 EA $9,900.0D Includes 4' trough CIF-KF-13 2 $2,775.00 EA $5,550.00 Includes 10'trough CIF-KF-13 6 $2,625.00 EA $15,750.OD Includes T trough CIF-KF-13 1 $2,825.OD EA $2,825.0D Includes ITirrugh CIF-KF-13 10 $2,975.00 EA $29,750-DO Includes 14'trough CIF-KF-13 6 $3,325.DD EA $19,950.00 Includes 21'trough CIF-KF-13 1 $2,525.OD EA $2,525.0D Includes 5'trough CIF-KF-13 1 $2,575.00 EA $2,575.0D Includes 6'trough CIF-KF-13 1 $2,675.00 EA $2,675.0D Includes 8'trough CIF-KF-13 3 $2,725.OD EA $8,175.OD Includes 9'trough CIF-KF-23 1 $3,200.DD EA $3,200-0D Includes 10'trough CIF-KF-23 2 $2,900.0D EA $5,800.OD Includes 4' trough CIF-KF-23 5 $3,050.DD EA $15,250.OD Includes T trough CIF-KF-23 1 $3,300.0D EA $3,300.0D Includes 12trough CIF-KF-23 9 $3,400.DD EA $30,60O.0D Includes 14'trough CIF-KF-23 1 $3,750.DD EA $3,750.0D Includes 21'trough CIF-KF-23 1 $2,950.DD EA $2,950.0D Includes 5'trough CIF-KF33 1 $3,450.DD EA $3,450.0D Includes 11'trough CIF-KF33 1 $3,500.00 EA $3,500.OD 11 08/06/2021 Bio'&LlClean A Fc t.—Coinp.,.y Quotation Date: 48111FM1 (�uate: 3273 Project ID: 14564 Sales Contact Sean Hawn (764J 473-1457 Project Name: Prevailing Wage: City of Temecula Kraken Fiher Bid Date: Proj� Includes 12trough CIF-KF33 1 $3,80C_00 EA $3,8C0.00 Includes 18'trough CIF-KF33 3 $3,050.00 EA $11,850.06 Includes 21'trough CIF-KF33 1 $3,15C_00 EA $3,150.00 Includes 0trough CIF-KF33 1 $3,200.00 EA $3,200.00 Includes 6'trough CIF-KF33 2 $3,350.00 EA $6,7C0.00 Includes 9'trough CIF-KF33 7 $3,400.00 EA $23,800_CC Includes 10'trough CIF-KF33 2 $3,100.00 EA $6,20000 Includes 4' trough CIF-KF33 2 $3,25C_00 EA $6,500.00 Includes 7'trough CIF-KF33 1 $3,600.00 EA $3,600.00 Includes 14'trough CIF SUBTOTAL = $244,275.D0 cps CPS-L 3 $812.00 EA $2,436.00 —3.7x24 CPS-L 2 $554.00 EA $1,1 C8.00 —3.7x12 CPS-L 1 $683.00 EA $683.00 —3.7x18 CPS-L 2 $714.00 EA $1,428.00 — 4.7 x 12 GPS-U 1 $585.00 EA $585.00 —3.7x18 CPS-U 2 $940.00 EA $1,880.06 — 4.7 x 24 CPS-U 2 $618.00 EA $1,236.00 — 4.7 x 12 CPS-U 1 $781.00 EA $781.00 — 4.7 x 18 CPS-U 2 $988.00 EA $1,976.00 -- 5.7 x 16 CPS-U 1 $1,184.00 EA $1,184.00 5.7 x 24 CPS-U 4 $1,570.00 EA $6,316.00 5.7 x 36 12 08/06/2021 A For[erra Company Quotation Date- OaM 1 f2021 Project ID:10560 fkrote: 3273 Pr4ed Name: PrevailinU Wage: City of Temecula Kraken Filter Sales Contact Sean Hawn {760J 473-1057 Bid Date: Prcje 2 $786.00 EA -- 5.7 x 12 CPS-L 1 $1,038.DD EA -- 4.7 x 24 CPS SUBTOTAL = CUSTOM 13" DIAMETER BASKET CIF-KF-23 Includes 4' trough CIF-KF-23 Includes 10'trough CIF-KF-23 Includes 14'trough CIF-KF33 — Includes T trough CIF-KF33 — Includes T trough CUSTOM 13" DIAMETER BASKET SUBTOTAL CUSTOM BASKE'TDI4METER 13" CIF-KF-' 3 Includes 4' trough CIF-KF-13 Includes 6'trough CUSTOM BASKET DIAMETER 13" SUBTOTAL CUSTOM BASKET DIAMETER 16' GIF-KF-2133- 39 Flange size 24" x 40" CUSTOM 16" DIAMETER BASKET CUSTOM BASKET DIAMETER 16" SUBTOTAL FG SHEET NEEDED GIF-KF-2133- 39 Flange size 24" x 40" Includes a 40" x 6" Fiberglass sheet GIF-KF-2133- 19 Flange size 24" x 40" Includes a 40" x 6" Fiberglass sheet FG SHEET NEEDED SUBTOTAL = 2 $2,900.OD EA 1 $3,200.DD EA 1 $3,400.OD EA 1 $3,100.0D EA 1 $3,250.DD EA $1� $1,038.00 $22,223.00 $5,800.OD $3,200.OD $3,400.00 $3,100.00 $3,250.OD $18,750.00 1 $2,475.00 EA $2,475.00 1 $2,575.00 EA $2,575.OD $5.050.00 1 $2,775.00 EA $2,776.00 $2,775.00 Gip GIF-KF-2133- 1 39 — Flange size 24" x 4n" GIF SUBTOTAL = $2,850.0D EA $2,850.00 EA $2,775.00 EA $2,850.00 $2,850.0O $5,700.00 $2,775.00 $2,775.00 13 08/06/2021 Bio I e a n A F.,t.— Company Quotation Date: 08111J2021 quote: 3273 Project ID:10560 Sales Contact Sean Hasan (760) 473-1057 Project Name: Prevailing Wage; City of Temecula Kraken Filter Did Date: Project INSTALL BIO-FLTR- 117 $495.00 EA $57,915.DD INSTALL -- Includes delivery and installation of material -- Prevailing wage rate INSTALL SUBTOTAL = $57,915.00 UAIDERMOU NTS NEEDED GIF-KF-2133- 2 $2,800.00 EA $5,600.DD 29 -- Flange size 24" x 40" -- 2 filters per Watershed ID 3033-001 -- 2ea 34" undermounts GIF-KF-2133- 2 $2,800.00 EA $5,600.0D 39 -- Flange size 24" x 40" -- 2ea 34" undermounts UNDERMOUNTS NEEDED SUBTOTAL = $11,200.00 Grand Total (estimated): $393,679.00 PROJECT SPECIFIC NOTES: See the attached spreadsheet & Bio Clean contract which highlights the Kraken and CPS filters which can be provided at the locations specified by the city, per the measurements performed by Bio Clean. The breakdown is as follows: -- 92 out of 105 locations will work with the Bio Clean Kraken media filters. Filters to be installed by Bio Clean (one location to take 2 KMF for a total of 93 KMF filters) Total cost to famish the KMF material = $286,525 Total cost for the labor to install the KMF material = $46,035 Total cost to fumish + install the KMF material = $332,560 24 locations will work with the Bio Clean CPS units CPS + KMF will fit in 16 locations-r 8 locations will work only with the CPS units Total cost to fumish the CPS material = $22,223 Total cast for the labor to install the CPS material = $11,880 Total cost to fumish + install the CPS material = $34,103 Total project cost to furnish + provide the labor to install the Kraken and CPS material = $366,663 ($308,748 in material + $57,915 in labor) — Total project cost with sales tax estimated at 8.75% = $393,679 ($27,016 in sales tax + 366,663 for material + labor) — The City of Temecula shall provide traffic control for any material installed near Diaz Rd, Winchester Rd, or Rancho Califomia Rd- - Bio Clean will handle all other traffic control + reference the new CA DOT temporary traffic control plans (attached): https://dot.ca.gov/-/medialdot-mediafprograms/safety-programs/documenWca- mutcdfrev6/camutcd2D14-rev6. pdf 14 08/06/2021 Bio lean A Fnr[erra Company Dale. 0811112021 Pipedt ID:10560 Project Name: Prevailing Wage Project Puotation Quote: 3273 City of Temecula Kraken Filer 5aJes- Contact Sean Hassn (760) 473-1057 Bid Date - BY SIGNING THIS CONTRACT, THE CUSTOMER AGREES TO THE FOLLOWING: Parties agree to all terms contained within this Sales Contract_ Delivery to be taken within 14 days, or within agreed upon date, or pay 3% of Sales Contract Total per month for Storage Fees - Man ufacturer lead times are estimated between 3-6 weeks, A iob is measurement ready, when all catch basins are set in concrete, concrete is cured, covers and frames have been installed, and wood or metal forming has been removed. In addition, all forms of debris must be removed. Product vices are based on information provided by the Customer. Therefore if actual catch basin measurements do changeilter prices, Bra Clean will provide the Custamerwith a revised Sales Contract priorto production of filters. The Filter Installation service cast includes material delivery to the job site by Bio Clean. The Customer understands that Filter Installation is an optional cost. The Customer also understands that catch basins must be suitable for proper installation of materials, manhole covers and grates must be accessible and easily removed, and catch basin must be clean. Bio Clean reserves the right to remove obstructions including but not limited to the cutting of ladder rungs and removal of temporary or existing filters_ Bio Clean shall noiify+ Customer in writing of an unforeseen site conditions and both parties may agree in writing to additional scope of service and payment to remedy site conditions. If the Customer withindthmeasurements catch rbasin-FormI drnp-ship iotems�Customersmust havleli�46adingrcripanglth� correct product and for proper fit s. Shipping of fitter products will be via FedEx Ground at Standard Rates. The Customer completely understands that shipping costs are their full responsibility_ Therefore, the entire shipping cost will be charged on the Sales Contract and/or Invoice_ Any Customer may pick up their filter products at the Bio Clean office during normal business hours at no charge. All Bio Clean Filter Products carry an 8-Year Warranty_ As applicable, Downspout Filter Installation is the responsibilityr of the Customer_ Therefore the Customer must ensure that their Installerjpenorms installation with full access to the unit because the unit requires routine maintenance_ For all drop -ship items, Customer must have off-loading capabilities. As applicable DVERT Trough Installation. The Customer is responsible for coring basin and piping to and from grate inlet and Modular Wetlands unit or equivalent vault. UNLESS OTHERWISE NOTED, PRICI NG DOES NOT INCLUDE ANY APPLICABLE TAXES. Seller's (quotation is based on various business factors and considerations and may not be used by arty other contractor or any other person or entityr without Seller's written consent 15 08/06/2021 Bio'&'lean A Ferterra Company Date: 0&11l2021 Project ID:1 C560 Project Name: Prevailing Wage: City of Temecula Kraken Filter Project Sales Contact: Sean Hasan (760)473-1057 Project Manager: Jason Keesler (951)454-9319 Sales Office 511 E John Carpenter Fwy Irvin TX 75026 (972�° 62-360a Quotation OWe: 3273 Sales C4jntact Sean Hasan (760) 473-1057 Bid Dale: 16 08/06/2021 EXHIBIT "C" CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS BOND NO. [INSERT BOND NUMBER] LABOR AND MATERIALS BOND FOR PURCHASE AND INSTALLATION OF INLET FILTERS BOND NO. [INSERT BOND NUMBER] KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula has awarded to: BIO CLEAN ENVIRONMENTAL SERVICES, INC. 398 Via Ell Centro, Oceanside, CA 92058 Hereinafter called "Contractor," a contract for the work described as follows: PURCHASE AND INSTALLATION OF INLET FILTERS, HEREINAFTER CALLED "CONTRACT," AND WHEREAS, said Contractor is required by the provisions of Sections 3247-3252 of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and [INSERT NAME AND ADDRESS OF SURETY] duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Contract and referred to in Section 9100 of the Civil Code, in the penal sum of [INSERT WRITTEN AND NUMERICAL DOLLAR AMOUNT], lawful money of the United States, said sum being not less than one hundred (100%) of the estimated amount payable by the said City of Temecula under the terms of the Contract, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, or its heirs, executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for, or about the performance of the work under the Contract to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Section 13020 of the 17 08/06/2021 Unemployment Insurance Code, with respect to such work or labor, as required by Section 9550 et. seq. of the Civil Code, and provided that the claimant shall have compiled with the provisions of said Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the [INSERT DATE] of [INSERT MONTH], [INSERT YEAR]. (Seal) SURETY By: (Name) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINCIPA By: Sean Hasan (Name) Western Regional Director (Title) Steve Hides (Name) VP and General Manager (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures 18 08/06/2021 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 22, 2022 SUBJECT: Authorize the Purchase of a Bobcat Skid -Steer Loader for the Public Works Streets Maintenance Division PREPARED BY: Stacey Biddle, Management Assistant Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council authorize the purchase of a Bobcat Skid -Steer Loader for the Public Works Streets Maintenance Division from Inland Bobcat, a local authorized Bobcat Dealer, in the amount of $71,570.04, including freight and handling, and applicable sales tax and fees. BACKGROUND: The Bobcat Skid -Steer Loader is utilized by the Public Works Streets Maintenance Division for channel cleaning, asphalt repair, and miscellaneous debris removal. As a National Joint Powers Alliance (NJPA) member, the City will utilize a competitively solicited cooperative contract through Sourcewell, Contract Award #040319 with Clark Equipment Company dba Bobcat Company. The Bobcat Company has met all the requirements necessary to provide sales and services, and offers competitive pricing for the purchase of this specialized maintenance equipment. The purchase of the skid -steer loader will be facilitated through the local authorized dealer Inland Bobcat in Riverside, California. FISCAL IMPACT: Adequate funds are available to purchase the Skid Steer Loader as identified in the Fiscal Year 2021-22 Annual Operating Budget, Capital Outlay, Vehicles and Equipment Replacement Fund. ATTACHMENTS: None Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 22, 2022 SUBJECT: Adopt a Resolution to Approve the Clean California Maintenance Agreement with the State of California, by and through the Department of Transportation PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE THE CLEAN CALIFORNIA MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA, BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION TO PERFORM SPECIFIC MAINTENANCE SERVICES IN COMPLIANCE WITH THE PROVISIONS OF STREETS AND HIGHWAYS CODE SECTION 27, IN THE STATE RIGHT OF WAY INCLUDING HIGHWAY AND FREEWAY AREAS WITHIN CITY LIMITS AS AUTHORIZED IN STREETS AND HIGHWAYS CODE SECTION 130 BACKGROUND: In cooperation with the Department of Transportation (Caltrans) the City of Temecula will perform certain maintenance services of Interstate 15 (I-15) pursuant to the approval and execution of the Clean California Maintenance Agreement (CCMA). The CCMA is made by and between the State of California, acting by and through the Department of Transportation (Caltrans), also referred to as `State', pursuant to the Clean California Beautification Program of 2021. The City will perform specific maintenance services, as described by the State, within city limits to include litter, debris, and graffiti removal along I-15 in State right of way. City shall also remove items such as, but not limited to, furniture, appliances, tire casings, bulky and large items, automobile wreckage, auto components, clothing, beverage containers, food packages and garbage, as authorized in Streets and Highways Code Section 130, and in compliance with Section 27 of the Streets and Highways Code. The Department of Public Works will contract with a maintenance services provider to perform these duties on behalf of the City. The agreement requires providing Caltrans a Certificate of Insurance naming the Department of Transportation as additional insured, and ensuring an applicable encroachment permit has been issued by the State before maintenance services can begin. The CCMA provides for operative provisions as it pertains to the performance of the specified maintenance services and will also provide for reimbursement to the city up to a total maximum authorized expenditure of $300,000, through the term of the agreement on June 30, 2024. FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2021-2022 Annual Operating Budget and funds will be requested in Fiscal Year 2022-2023 to cover the total cost of work. The city will be reimbursed 100% for all eligible expenditures, up to the maximum authorized amount of $300,000 during the terms of the agreement through June 20, 2024. ATTACHMENTS: 1. Resolution 2. State Agreement — CCMA TR-08-22-CN21_rev2022-03-09 RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE THE CLEAN CALIFORNIA MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA, BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION TO PERFORM SPECIFIC MAINTENANCE SERVICES IN COMPLIANCE WITH THE PROVISIONS OF STREETS AND HIGHWAYS CODE SECTION 27, IN THE STATE RIGHT OF WAY INCLUDING HIGHWAY AND FREEWAY AREAS WITHIN CITY LIMITS AS AUTHORIZED IN STREETS AND HIGHWAYS CODE SECTION 130 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. City Council hereby finds and determines that: A. The "Clean California Maintenance Agreement with the City of Temecula (COMA TR-08-22-CN21 City of Temecula)" will identify the specific maintenance functions the State requests the City of Temecula to perform in the State right of way, including highway and freeway areas situated within City's jurisdictional limits as authorized in Streets and Highways Code Section 130. B. Pursuant to the "Clean California Beautification Program of 2021," the State and the City desire to identify specific mission -critical maintenance services the City will perform on and around State right of way situated within the City's jurisdictional limits. C. The Agreement is in the best interests of the City of Temecula. Section 2. The City Council hereby approves that certain agreement entitled "Clean California Maintenance Agreement with the City of Temecula (COMA TR-08-22-CN21 City of Temecula)" by and between the State of California acting by and through the Department of Transportation and the City of Temecula. The Mayor is authorized to execute the Agreement on behalf of the City in substantially the form presented to the City Council on March 22, 2022. The City Manager is hereby authorized to enter into amendments to this Agreement as are necessary or convenient to implement the essential terms of the Agreement. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of March 2022. Matt Rahn, 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. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22"d day of March 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CCMA TR-08-22-CN21 City of Temecula CLEAN CALIFORNIA MAINTENANCE AGREEMENT WITH THE CITY OF TEMECULA This CLEAN CALIFORNIA MAINTENANCE AGREEMENT ("AGREEMENT") is made by and between the State of California, acting by and through the Department of Transportation ("STATE"), and the City of Temecula ("LOCAL AGENCY"); each may be referred to individually as a "PARTY" and jointly as "PARTIES". RECITALS 1. This AGREEMENT will identify the specific maintenance functions STATE requests LOCAL AGENCY to perform in the STATE right of way, including highway and freeway areas situated within LOCAL AGENCY'S jurisdictional limits as authorized in Streets and Highways Code Section 130. 2. Pursuant to the "Clean California Beautification Program of 2021," the PARTIES desire to identify specific mission -critical maintenance services LOCAL AGENCY will perform on and around STATE right of way situated within LOCAL AGENCY's jurisdictional limits. OPERATIVE PROVISIONS Maintenance Services. LOCAL AGENCY shall perform litter, debris, and graffiti removal at the Interstate (1), post miles (PM) and approximate mile lengths (STATE Right of Way) set forth in Exhibit A. LOCAL AGENCY shall remove and discard litter and debris, including, but not limited to: furniture, appliances, tire casings, bulky and large items, automobile wreckage, auto components, clothing, beverage containers, food packages and garbage. 2. Maintenance Standards. LOCAL AGENCY shall perform all maintenance services in compliance with the provisions of Streets and Highways Code Section 27, and in accordance with California and federal laws and regulations and STATE policies, procedures and specifications in effect and as amended, and applicable municipal ordinances. 3. Prior Maintenance Agreements. The PARTIES agree that this AGREEMENT does not supersede the PARTIES' existing Delegated Maintenance Agreement or other maintenance agreements, if any. 4. Maintenance Areas. LOCAL AGENCY shall only perform maintenance services in the STATE Right of Way locations described in Exhibit A and listed in Exhibit B. 5. Amendment to Agreement. Changes to LOCAL AGENCY's maintenance services covered in this AGREEMENT may be made by each PARTY executing amended Exhibits A and B and/or executing additional pages to Exhibits A and B that shall be attached to this AGREEMENT and will supersede the original CCMA TR-08-22-CN21 City of Temecula Exhibits A and B. Otherwise, this AGREEMENT may only be amended by a written agreement executed by both PARTIES. STATE's District Maintenance Agreement Coordinator (DMAC) must obtain prior written approval of any amendments from the District 8 Deputy Director of Maintenance before such amendments may become effective and enforceable under this AGREEMENT. 6. Party Representatives and Notices. LOCAL AGENCY's Maintenance Manager is: Rodney Tidwell STATE's DMAC is: Chris Nator All notices, document submittals and invoices required under this AGREEMENT shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses as follows: LOCAL AGENCY Attn: Maintenance Manager: Rodney Tidwell Address: City of Temecula 41000 Main Street City, Zip: Temecula, Ca 92590 STATE Attn: Chris Nator Address: Caltrans District 8 - Division of Maintenance Maintenance Project Management, MS-1 107 464 W. 4th Street City, Zip: San Bernardino, Ca 92401-1400 7. Excluded Maintenance Activities. 7.1 Unsheltered Encampment Relocation. LOCAL AGENCY shall not engage in any activities to relocate any persons experiencing homelessness who are situated within STATE Right of Way. LOCAL AGENCY shall comply with the processes and procedures set forth in STATE's "Interim Guidance on Encampments, Prioritizing and Addressing Encampments on Caltrans- owned Property," dated July 2021, and as may be amended during the term of this AGREEMENT (Interim Guidance). 7.2 Abandoned Encampments. If LOCAL AGENCY encounters abandoned homeless encampments at or within STATE Right of Way, LOCAL AGENCY shall comply with the processes and procedures set forth in STATE's Interim Guidance, including but not limited to coordination with STATE and the local California Highway Patrol. CCMA TR-08-22-CN21 City of Temecula 7.3 Hazardous Material Clean up. LOCAL AGENCY shall not engage in any hazardous material clean-up activities. If LOCAL AGENCY encounters any hazardous materials, including but not limited to bloodborne pathogens, biological waste, feces, syringes, needles, sharp objects or unknown substances during maintenance services performed under this AGREEMENT, LOCAL AGENCY shall immediately contact STATE's District Hazardous Material Manager for appropriate action. 7.4 Weed Abatement. LOCAL AGENCY shall not perform any weed abatement, remove overgrown brush, trees, grass and limbs or conduct any spraying, grading, mowing or discing for any maintenance services within STATE Right of Way. 8. Graffiti Removal. LOCAL AGENCY's graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section 96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed. LOCAL AGENCY shall discuss such possible art with STATE's District 8 Transportation Art Coordinator (Alma beth.Anderson@dot.ca.gov) before conducting any graffiti removal or remediation. STATE shall pay the actual cost of LOCAL AGENCY's graffiti removal as specified in Section 1 1 of this AGREEMENT. 9. Maintenance Service Schedule. LOCAL AGENCY shall provide STATE's District 8 Area Maintenance Superintendent, Chad Slater, at least twenty-four (24) hour prior telephone or email notice before performing any maintenance services under this AGREEMENT. His email and phone number are: Chad.Slater@dot.ca.gov (951) 272-1040. LOCAL AGENCY shall provide the DMAC identified in this AGREEMENT with a litter, debris and graffiti removal schedule. Maintenance services shall be provided at a minimum weekly basis. Maintenance services shall be performed between the hours of 6:00 am and 6:00 pm and may be performed on weekends and holidays if necessary. LOCAL AGENCY must request through the DMAC a prior written approval from STATE's District Maintenance Supervisor to perform any maintenance services before 6:00 am or after 6:00 pm. 10.Authorized Reimbursement. The functions and levels of maintenance services delegated to LOCAL AGENCY in the attached Exhibits A and B and amounts appropriated to STATE pursuant to the Clean California Beautification Program of 2021 have been considered in setting authorized total dollar amounts. LOCAL AGENCY may perform additional work if desired, but STATE will not reimburse LOCAL AGENCY for any work in excess of the authorized dollar limits established herein. 11. Cost Reimbursement. STATE shall reimburse LOCAL AGENCY for LOCAL AGENCY's actual and necessary costs incurred to perform the maintenance services under this AGREEMENT; provided, however, that STATE's CCMA TR-08-22-CN21 City of Temecula reimbursement shall not exceed the maximum authorized expenditures listed in Exhibit B. 11.1 Amendment to Approved Expenditures. Upon LOCAL AGENCY's written request, the expenditures per route for maintenance services set forth in Exhibits A and B may be increased, decreased, or redistributed between routes pursuant to the PARTIES executing an appropriate amendment in accordance with section 5 above. All such adjustments must be authorized in writing by the District Director or his/her authorized representative. 11.2 Term of Expenditures. Additional expenditures or an adjustment of expenditures once authorized shall apply only for the term of this AGREEMENT and shall not be deemed to permanently modify or change the basic maximum expenditures per route as specified in Exhibits A and B. Any expenditure adjustments shall not affect or alter any other terms of this AGREEMENT. 12. Billing, Payment and Reporting. 12.1 Billing Date. LOCAL AGENCY shall submit billing invoices to STATE's DMAC each month beginning after the first month LOCAL AGENCY has performed maintenance services under this AGREEMENT. LOCAL AGENCY shall not submit billing invoices for reimbursement of costs less than $500 more than once each quarter. LOCAL AGENCY shall also submit billing invoices promptly following the close of STATE's fiscal year on each June 30tn. 12.2 Billing Submission Format. Each billing invoice shall include all of the following: (a) STATE's Clean California Program Code: CLEANCADMA; (b) AGREEMENT number; CCMA TR-08-22-CN21 (c) Date(s) of services; (d) Location of services; (e) Number of hours and hourly rates; (f) Receipts for trash disposal; (g) Receipts for equipment, materials and supplies; and (h) LOCAL AGENCY's Performance Report that includes the information required under section 15 of this AGREEMENT. STATE shall pay LOCAL AGENCY for the maintenance services satisfactorily performed in accordance with the rates and schedules in Exhibits A and B. CCMA TR-08-22-CN21 City of Temecula 13.Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES' successors -in -interest, including, but not limited to any public entity to whom any part of the STATE Right of Way covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the LOCAL AGENCY's jurisdictional limits. 14. Encroachment Permits. Before LOCAL AGENCY may enter STATE Right of Way to perform any maintenance services in the areas covered by this AGREEMENT, STATE's District 8 Encroachment Permit Office must issue an initial encroachment permit at no cost to LOCAL AGENCY. LOCAL AGENCY must obtain additional encroachment permits, if necessary, to enter or perform any work within STATE right of way not covered by this AGREEMENT. STATE will issue these additional encroachment permits at no cost to LOCAL AGENCY. LOCAL AGENCY's contractors and sub -contractors must apply for and be issued separate encroachment permits before they may enter STATE Right of Way to perform any maintenance or work under this AGREEMENT. 15. Performance Monitoring. LOCAL AGENCY shall prepare a Performance Report to record and report the quantity and description of litter, debris, and graffiti removed and maintenance services performed at each clean-up site and location set forth in Exhibits A and B. This Performance Report shall include dated and executed documents demonstrating the weight and/or amount of litter, debris, and graffiti removed, including disposal receipts from authorized disposal sites and/or landfills. The DMAC (or other title Le; RESOURCE MANAGER) may also request that LOCAL AGENCY provide photographs of the sites taken before and after LOCAL AGENCY's maintenance services are performed. 16. Legal Disposal of Litter Collected. LOCAL AGENCY shall make its own arrangements for the legal disposal of litter or debris materials to authorized disposal sites. LOCAL AGENCY shall not leave any filled litter bags, litter piles or other groups of litter assembled during its maintenance services along or in STATE Right of Way. Such litter groupings shall be removed out of STATE Right of Way each day LOCAL AGENCY performs the maintenance services in this AGREEMENT. 17. Safety and Worker Compliance. LOCAL AGENCY shall be solely responsible for crew pay, workers compensation and any other benefits required by state and federal law. Subcontractors and crew members are not considered STATE's employees at any time. LOCAL AGENCY shall comply with all applicable State and Federal statutes and regulations governing worker and public safety, including but not limited to compliance with CAL -OSHA regulations and guidelines. LOCAL AGENCY shall make arrangements through the DMAC if traffic controls, flags, signs, or lane closures are necessary to safely perform any maintenance services. CCMA TR-08-22-CN21 City of Temecula 18. Equipment and Supplies. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the maintenance services under this AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable costs of such equipment and supplies not to exceed the authorized expenditures set forth in Exhibit B. 19. Legal Relations and Responsibilities. 19.1 No Third -party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT, nor does this AGREEMENT affect a PARTY's legal liability by imposing any standard of care for the maintenance of STATE highways different from the standard of care imposed by law. 19.2 Indemnification. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub -contractors and/or its agents pursuant to this AGREEMENT. Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by STATE under this Agreement. 19.3 Work -related Injuries. If a LOCAL AGENCY -assigned crew member is injured while performing maintenance services under this AGREEMENT, LOCAL AGENCY or its designated subcontractor shall be responsible for ensuring the crew member is given prompt medical care and treatment and, if necessary, transportation to a medical facility. LOCAL AGENCY or its designated subcontractor shall administer any injury and workers compensation claims. LOCAL AGENCY shall notify the DMAC (or other title) within twenty-four (24) hours when any such incident has occurred. 20. Prevailing Wages and Labor Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for public works or CCMA TR-08-22-CN21 City of Temecula maintenance contracts and subcontracts executed for the LOCAL AGENCY's maintenance services under this AGREEMENT. 21.Self -Insured. LOCAL AGENCY is self -insured. LOCAL AGENCY shall deliver evidence of self -insured coverage providing general liability insurance, coverage of bodily injury and property damage liability, in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess by delivering a Letter Certifying Self -Insurance. The Letter of Self -Insurance must be substantially in the form of Exhibit C and identify the AGREEMENT number, and location as depicted in Exhibits A and B. LOCAL AGENCY shall provide the original Letter Certifying Self -Insurance as a condition to STATE's execution of this AGREEMENT. A copy of the original letter shall be attached to this AGREEMENT as Exhibit C. Self -Insured using Contractor. If the work performed under this AGREEMENT is done by LOCAL AGENCY`s contractor(s), LOCAL AGENCY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. LOCAL AGENCY shall provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE. 22. Budget Contingency. STATE's payments to LOCAL AGENCY are contingent upon the Legislature appropriating sufficient funds under the Budget Act, the allocation of funding by the Clean California State Beautification Program of 2021 as appropriate, and the encumbrance of funding to STATE's District Office. 23.Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. STATE may terminate this AGREEMENT for convenience or for cause upon thirty (30) day prior written notice to LOCAL AGENCY. LOCAL AGENCY may terminate this AGREEMENT upon thirty (30) day prior written notice to STATE. 24.Term of Agreement. This AGREEMENT shall become effective on the last of the dates each PARTY's authorized representative has executed this AGREEMENT and shall expire on June 30, 2024, unless terminated or amended. 25.Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT as authorized under Streets and Highways Code Sections 114 and 130. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required. CCMA TR-08-22-CN21 City of Temecula 26. Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 27. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT. THE LOCAL AGENCY OF Temecula Dated: Matt Rahn, Mayor INITIATED AND APPROVED: Dated: Randi Johl, City Clerk APPROVED AS TO FORM Peter M. Thorson, City Attorney STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Dated: Jim A. Rogers District Deputy Director District 8 CCMA TR-08-22-CN21 City of Temecula EXHIBIT A + Interstate 15 (1-35) Litter, Debris, and Graffiti RemoraI by City of Terri ecuIa Temecula City Limits TEMECULA Haven rlourtaqe, Gwdei y J a�Y .V I� k � I { Route Length Description of Routing Program Code No. Miles 1-15 5.2 PM R2.0 to 7.2 - 0.5 mile north of Truck CLEANCADMA Inspection Facility northbound onramp to 0.4 mile north of north bound/south bound SR 79/Winchester CCMA TR-08-22-CN21 City of Temecula EXHIBIT B BREAKDOWN & LISTING OF MAINTENANCE TASKS Rte Post Litter per Large Graffiti Traffic Other Maximum Authorized No. Miles Bag (EA) Items Sq. Ft. Control (EA) Expenditures 1-15 R2.0 to X X X X X Actual Cost 7.2 TOTAL MAXIMUM AUTHORIZED EXPENDITURES: $300,000.00 CCMA TR-08-22-CN21 City of Temecula EXHIBIT C LETTER CERTIFYING CITY'S SELF -INSURED STATUS On Local Agency letterhead California Department of Transportation District 8 ATTN: Jim A. Rogers, Deputy District Director, Maintenance 464 W. 4th Street San Bernardino, Ca 92401, MS 1206 20 Re: Statement of Self -Insurance for City of Temecula for Clean California Maintenance Agreement No. CCMA TR-08-22-CN22 with California Department of Transportation for the maintenance services along 1-15 at PM R2.0/7.2. Dear Mr. Rogers: This letter certifies that the CITY of Temecula is self -insured and self -funded covering third -party claims arising out of its general operations (i.e.; commercial general liability and automobile liability insurance). Further, the CITY is self -insured covering workers' compensation claims and has received the consent of the State Department of Industrial Relations to do so. Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third -party claims and workers' compensation claims, which may be brought against the CITY. The CITY certifies its self -insured, general liability coverage for bodily injury and property damage liability, and meets the required coverage amounts in section 21 (Insurance) of the Clean California Maintenance Agreement, specifically general liability insurance, coverage of bodily injury and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. If you need any additional information regarding this letter, please direct those inquiries through my office. Sincerely, Finance Manager/Risk Manager/Authorized Representative's Title Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: March 22, 2022 SUBJECT: Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Sidewalks — DLR Drive Project, PW 19-18 PREPARED BY: Avlin R. Odviar, Senior Civil Engineer Shawna Bennetts, Associate Civil Engineer RECOMMENDATION: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Sidewalks — DLR Drive Project, PW 19-18; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: The Sidewalks — DLR Drive Project is an infrastructure project that will include the construction of sidewalks on the north side of northerly leg and the west side of DLR Drive. The Project includes construction of new sidewalk, ADA-compliant driveways, landscaping removal and replacement, utility adjustments, and minor drainage facilities. The plans and specifications are complete, and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's estimate of construction cost is $200,000 and estimate of construction duration is 30 working days (approximately 1.5 months). This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repairs and maintenance of existing highways and streets are Class 1 activities which are exempt from CEQA. FISCAL IMPACT: The Sidewalks — DLR Drive Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2022-2026 and is funded with General Fund. Adequate funds are available in the project accounts to construct this project. ATTACHMENTS: Project Description and Location Adk C7"` The Heart of Southern California Wine Country SIDEWALKS - DLR DRIVE Infrastructure Project Project Description: This project will include the construction of sidewalks on the north side of northerly leg and the west side of DLR Drive. Benefit: This project will provide walking surfaces for pedestrians and will facilitate the construction of the Lexus dealership. Core Value: Transportation Mobility and Connectivity Project Status: This is estimated to be complete by Fiscal Year2021-22. Department: Public Works - Account No. 210.265.999.721 / PW19-18 Level: I City of Temecula Fiscal Years 2022-26 Capital Improvement Program 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 42,910 31,090 22,789 96,789 Construction 284,130 284,130 Construction Engineering 18,081 18,081 Design & Environmental 39,106 12,554 51,660 MSHCP 14,206 14,206 Total Expenditures 1 82,0161 360,061 22,789 464,866 Source of Funds: General Fund 80,000 362,077 22,789 464,866 Total Funding 80,000 362,077 22,789 464,866 Future Operating & Maintenance Costs: Total Operating Costs 140 Item No. 14 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 22, 2022 SUBJECT: Accept Improvements and File the Notice of Completion for the Citywide Slurry Seal Program — Fiscal Year 2020-21, PW21-01 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Chris White, Associate Engineer II RECOMMENDATION: That the City Council: 1. Accept the construction of the Citywide Slurry Seal Program — Fiscal Year 2020- 21, PW21-01, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On July 27, 2021, the City Council awarded a construction contract to American Asphalt South, Inc. in the amount of $1,546,980.04 and authorized the City Manager to approve construction change orders not to exceed the contingency amount of $154,698.00, to complete the Citywide Slurry Seal Program — Fiscal Year 2020-21, PW21-01 project. The project consisted of cleaning and crack sealing the existing roadway surface, placing slurry seal on approximately 7.75 million square feet of residential roadway throughout Temecula, including the "Road Diet" on De Portola Road, and restoring striping and pavement markings. American Asphalt South, Inc. has completed the work in accordance with the approved specifications to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one year from February 1, 2022, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107. The base amount of the construction contract was $1,546,980.04, two contract change orders were issued in the amount of $69,069.41. This resulted in a total construction cost of $1,616,049.45. FISCAL IMPACT: There is no fiscal impact associated with accepting the project and filing and recording the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to American Asphalt South, Inc., 19792 El Rivino Road, Riverside, CA 92509 to perform the following work of improvement: Citywide Slurry Seal Program — Fiscal Year 2020-21 Project No. PW21-01 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on March 22, 2022. That upon said contract Everest Reinsurance Company, 100 Everest Way, Warren Corporate Center, Warren, NJ 07059, was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Various Streets within the City of Temecula Citywide Slurry Seal Program — Fiscal Year 2020-21 Project No. PW21-01 6. The location of said property is: Various Streets within the City of Temecula, California. Dated at Temecula, California, this 22"d day of March, 2022. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 22nd day of March, 2022. City of Temecula Randi Johl, City Clerk CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO, E800008868 MAINTENANCE BOND for CITYWIDE SLURRY SEAL PROGRAM - FISCAL YEAR 2020-21 PROJECT NO. PW21-01 KNOW ALL PERSONS BY THESE PRESENT THAT American.. Asphalt South, Inc. 19792 El _Rivino Road, Riverside, CA 92509 NAME AND ADDRESS OF CONTRACTOR a Co Oration (hereinafter called "Principal"), and (fdl in whether a Corporation, Partnership, or Individual) Everest Reinsurance Company 100 Everest Way, Warren Corporate Center, Warren, NJ 07059 NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of Ohs Hundred Sixty One Thousand Six Hundred Four DOLLARS AND Ninety Five CENTS ($161,604.95 ) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 27th day of July , 2021 , a copy of which is hereto attached and made a part hereof for the construction of CITYWIDE SLURRY SEAL PROGRAM - FISCAL YEAR 2020-21, PROJECT NO. PW21-01. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said ntract has been completed, and was the final estimate approved on this the I Sr day of Ve hf-uCLj L� , 2011)U NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred MAINTENANCE BOND MB-1 by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the Sams, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this IOth day of February , 2022 . (Seal) SURETY: Everest Reinsurance Company By. Sara Walliser (Name) Attorney -in -Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINCIPAL: American Asphalt South, Inc By: Je, (Name) (Title) By. (Name) - �'e' C (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. MAINTENANCE BOND MB-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On February 11, 2022 before me, Rosa Maria Arteaga- Notary (insert name and title of the officer) personally appeared Jeff Petty and Tim Griffin 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 htWshe/they executed the same in hisihe/their authorized capacity(ies), and that by hWheNtheir 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 *rrr■rr***rrrrrrrrrrrrr*rr*rrrrr*rrw**+ ROSA MARIA ARTEAGA: COMM 402372221 N NOTARY PUOLIC - CAUFORMA * SAN BERNARCHNO COUNTY ` i My C0(MW6 ]n EVk" kgxg 25, 2W5 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 Butte ) On February 10, 2022 before me, K. Corey Ward, Notary Public (insert name and title of the officer) personally appeared Sara Walliser , who proved to me on the basis of satisfactory evidence to be the person(&} whose name(&) is/afe subscribed to the within instrument and acknowledged to me that fie/she/" executed the same in 4Wher/t#ei* authorized capacity(+es and that by 4is/her/th4a* signature(6) on the instrument the person(s*, or the entity upon behalf of which the person(6) 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 �i- K COREY WARD i 93 z COMM. # 2253847 NOTARY PUBIC • CAUFORNIA COUNTY OF BUM COMM.AUG. 12.2022 (Seal) �° — - ZVERES\, POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELAWARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware ("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate, constitute, and appoint: Elizabeth Collodi, John Hopkins, K. Corey Ward, John J. Weber, Joseph H. Weber, Marissa Robinson, Renee Ramsey, Sara Walliser, Mindy Whitehouse, Jennifer Lakmann, Deanna Quintero, Bill Rapp, Jason March, Matthew Foster, Tony Clark, Mary Collins, Kristie Phillips, Claudine Gordon, Michael K. Feeney, Samantha Watkins, Phil Watkins, Brad Espinosa, Paula Senna, Pam Sey its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation. Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on the 28th day of July 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached. IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 28th day of July 2016. �5Ur3►Z� Everest Reinsurance Company ¢�P 21 SfAI y 197.) u► °rinwn+� T * Attest: Nicole Chase, Assistant Secretary By: Anthony Romano, Vice President On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order. LINDA ROBINS Notary Public, State ofNew York No 01 R06239736 �9 Qualified in Queens County C c� Term Expires April 25, 2023 Linda Robins, Notary Public IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this 1 Oth day of February 2o22 ES 00 01 04 16 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for CITYWIDE SLURRY SEAL PROGRAM - FISCAL YEAR 2020-21 PROJECT NO. PW21-01 This is to certify that Amerlca6 AA(yd- c.�c J &✓ (hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as CITYWIDE SLURRY SEAL PROGRAM - FISCAL YEAR 2020-21, PROJECT NO. PW21-01, situated in the City of Temecula, State of California, more particularly described as follows: SS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. CONTRACTOR: Dated: c2 40 ' I By: —�Iek Si ature Jeff >°S Print Name and itle RELEASE R-1 Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: March 22, 2022 SUBJECT: Accept Improvements and File Notice of Completion for Sam Hicks Monument Park Perimeter Fencing, PW20-12 PREPARED BY: Amer Attar, Engineering Manager Stacy Fox, Maintenance Superintendent RECOMMENDATION: That the City Council: 1. Accept the improvements for the Sam Hicks Monument Park Perimeter Fencing, PW20-12, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On January 21, 2021, the City Manager, under the authorities delegated by the City Council of the City of Temecula in Resolution 2020-83, approved the plans and specifications and authorized the Department of Public Works to solicit bids for the Sam Hicks Monument Park Perimeter Fencing Project, PW20-12. The project included the construction of decorative fencing surrounding the perimeter of Sam Hicks Monument Park. The decorative fence is composed of a combination of High Density Polyethylene (HDPE) pipe split rail fence, wrought iron picket fence, concrete veneer pilaster columns and gates. Construction also included concrete mowcurbs and demolition of existing mowcurbs, placement of turf, plant material and chain link fence, as well as adjustment and repair of irrigation system and replacement of sod and shrubs. Lightning Fence Co. has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one year from February 22, 2022, the date the City obtained "beneficial use" of the Project. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107. The final contract amount is $222,665, which includes the original contract amount of $195,210 plus one contract change order totaling $27,455. FISCAL IMPACT: There is no fiscal impact associated with accepting the project and filing the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which Lightning Fence Co., Inc., 14321 Old San perform the following work of improvement: was awarded by the City of Temecula to Pasqual Road, Escondido, CA 92025, to Sam Hicks Monument Park Perimeter Fencing Project, Project No. PW20-12 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on March 22, 2022. That upon said contract SureTec Insurance Company, 3131 Camino Del Rio North, #1450, San Diego, CA 92108, was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Sam Hicks Monument Park Perimeter Fencing Project, Project No. PW20-12 6. The location of said property is: 41970 Moreno Road in the City of Temecula Dated at Temecula, California, this 22"d day of March, 2022. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 22nd day of March, 2022. City of Temecula Randi Johl, City Clerk CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. 4435058 MAINTENANCE BOND for SAM HICKS MONUMENT PARK PERIMETER FENCING PROJECT PROJECT NO. PW20-12 KNOW ALL PERSONS BY THESE PRESENT THAT Lightning Fence Co, Inc., 14321 Old San Pasqua[ Road, Escondido, CA 92025 NAME AND ADDRESS OF CONTRACTOR a Corporation (hereinafter called "Principal"), and (fill in whether a Corporation, Partnership, or Individual) Atlantic Specialty Insurance Company, 6300 Owensmouth Ave, 10th FI, Woodland Hills, CA 91362 NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of Twenty Two Thousand Two Hundred Sixty Six DOLLARS AND Fifty CENTS ($ 22,266.50*****) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 8th day of March , 20 21 a copy of which is hereto attached and made a part hereof for the construction SAM HICKS MONUMENT PARK PERIMETER FENCING PROJECT, PROJECT NO. PW20-12. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 22nd day of February , 2022 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 7th day of March 20 22 (Seal) SURETY: AtJaritic pgci nsurance Company By: Kenneth D. Thomas (Name) Attorney -In -Fact (Title) sEEATTACIiSD CALIFORNIA ALL PURPOSEACKNOYAE0"'P APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINCIPAL: Lightning Fence C p y, Inc. By. Daniel Flud (Name) President (Title) By: (Name) (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On O'L 7t before me, Deborah L. Milne, Notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(t) whose name(6) is/ape subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/him authorized capac-rty(ies), and that by his/hef4heir signature(s) on the instrument the person*), or the entity upon behalf of which the persons)_ acted, executed the instrument- C'77­-, DEy PE" L. MILNE I certify under PENALTY OF PERJURY under the laws " `: Notary Public -Californiamj San Count Diego e v of the state of California that the foregoing paragraph is ` Commission # 2330293 [ My Comm. Exoires J41 12 2024, ■ true and correct. Witness my hand and official seal_ Signature �/C­4 -OPTIONAL Though the information below is not required by law, it may prove vaivabie to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document AC r n /' 66-� C= e e6124 C./ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: _ Individual Individual _ - - —Corporate Officer —Title(s): Corporate Officer —Titles . Partner - _ Limited General Top of thumb here — rt ()- Top of thumb here — _Partner - _Limited _General — Attorney in Fact Trustee _ Attorney in Fact _ Trustee — Guardian or Conservator _ Guardian or Conservator —Other: — Other• Signer is representing: Signer is representing: intact INSURANCE KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Kenneth D. Thomas, each individually if there be more than one named, its true and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attomey-in- Fact. Resolved; That the Attomey-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. `Q6 �fp0RATF':-J� =� SEAL14 tel 1986 0 _ By STATE OF MINNESOTA &.yFW vo¢l,,Aa :` Paul J. Brehm, Senior Vice President HENNEPIN COUNTY >� On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. .- dh t w A ALISON DWAN NABN•TROUT I NOTARY PUBLIC • MINNESOTA My Commission Expires �e January 31, 2025WW Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated day of c�U, �(yHP{tRAlr� �2 SEAL: `—' 1986 This Power of Attorney expires January 31, 2025 Kara Barrow, Secretary CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for SAM HICKS MONUMENT PARK PERIMETER FENCING PROJECT PROJECT NO. PW20-12 This is to certify that 0/ / (hereinafter the "Contractor") declares to the i y of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as SAM HICKS MONUMENT PARK PERIMETER FENCING PROJECT, PROJECT NO. PW20-12, situated in the City of Temecula, State of California, more particularly described as follows: sca/,V f/ ckS loh 0, K ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. Dated:'2- 31' a;)- By: I'nnt Name ana I itle Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 22, 2022 SUBJECT: Accept Improvements and File the Notice of Completion for the Infill Mini Pump Track at Long Canyon Creek Park, PW21-05 PREPARED BY: Avlin Odviar, Senior Civil Engineer Ryan Castillo, PW Inspector II/Interim Project Manager RECOMMENDATION: That the City Council: 1. Accept the Improvements for the Infill Mini Pump Track at Long Canyon Creek Park, PW21-05, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed. BACKGROUND: On October 5, 2021, the Director of Public works awarded a construction contract to American Ramp Company, Inc. in the amount of $60,000.00 to construct the Infill Mini Pump Track at Long Canyon Creek Park, PW21-05 (Project). Per section 22032 of the Public Contract Code (PCC) and Section 3.32.010 of the City of Temecula Municipal Code, public works project of $60,000.00 or less may be performed by city employees, force account, negotiated contract, or by purchase order. Per City of Temecula Resolution and Delegation of Signature Authority from the City Manager dated June 19, 2019, the Director of Public Works may execute contracts of this type. The completed Project is approximately 6,734 square feet in area with an asphalt riding surface of approximately 2,709 square feet and a course length of approximately 254 linear feet. The contractor has completed the work in accordance with the approved contract and to the satisfaction of the Director of Public Works/City Engineer. The quality of workmanship shall be guaranteed for one-year from date of acceptance per the Agreement for Minor Construction Services contract. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107. FISCAL IMPACT: There is no fiscal impact associated with accepting the Project and filing the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to American Ramp Company, Inc. 601 McKinley Ave, Joplin, MO 64801 to perform the following work of improvement: Infill Mini Pump Track at Long Canyon Creek Park, PW21-05 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the Temecula City Council on March 22, 2022. That upon said contract the Western Surety Company, 101 South Reid Street, Suite 300, Sioux Falls, SD 57103 was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Infill Mini Pump Track at Long Canyon Creek Park, PW21-05 6. The location of said property is: 29657 North General Kearny Rd, Temecula CA 92591 Dated at Temecula, California, this 22"d day of March, 2022. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 22nd day of March, 2022. City of Temecula Randi Johl, City Clerk CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for INFILL MINI PUMP TRACK AT LONG CANYON CREEK PARK PROJECT NO. PW21-05 This is to certify that American Ramp Company (hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as Infill Mini Pump Track at Long Canyon Creek Park, PROJECT NO. PW21-05, situated in the City of Temecula, State of California, more particularly described as follows: Long Canyon Creek Park 29657 North General Kearny Rd., Temecula, CA 92591 ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to USP Lite Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. CON OR: Dated: Feb 23, 2022 By: Signatur Don Wimer Project Manager Print Name and Title Item No. 17 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 8, 2022 CALL TO ORDER at 9:08 PM: President James Stewart 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. 15. Approve Action Minutes of February 22, 2022 Recommendation: That the Board of Directors approve the action minutes of February 22, 2022. 16. Approve Cooperative Agreement Between Temecula Community Services District and the Temecula Grape Stompers Square Dance Club in Support of Facility Use Recommendation: That the Board of Directors approve a cooperative agreement between Temecula Community Services District and the Temecula Grape Stompers Square Dance Club in support of facility use. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 9:10 PM, the Community Services District meeting was formally adjourned to Tuesday, March 22, 2022 at 5:30 PM for a Closed Session, with a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. James Stewart, President ATTEST: Randi Johl, Secretary [SEAL] Item No. 18 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: March 22, 2022 SUBJECT: Conduct a Public Hearing to Consider Extension of an Interim Urgency Ordinance of the City Council of the City of Temecula Enacted Pursuant to Government Code Section 65858 Establishing Emergency Regulation Related to Urban Lot Splits and Housing Units Built in Accordance With Senate Bill 9, Declaring the Urgency Thereof and Making Determination of Exemption Under the California Environmental Quality Act (CEQA) Guidelines Sections 65852.210) and 15061(b)(3) PREPARED BY: Matt Peters, Senior Planner RECOMMENDATION: That the City Council adopt urgency ordinance, by a 4/5 vote, extending Interim Urgency Ordinance No. 2022-03 entitled: ORDINANCE NO. 2022- AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, EXTENDING INTERIM URGENCY ORDINANCE NO. 2022-03, ESTABLISHING EMERGENCY REGULATIONS PURSUANT TO GOVERNMENT CODE SECTION 65858 ON URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA SUMMARY OF ORDINANCE: Senate Bill 9 (SB 9) specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City's single-family residential zones. BACKGROUND: Current zoning regulations permit up to three units on a parcel zoned for a single-family dwelling: one primary dwelling; one Accessory Dwelling Unit (ADU); and one Junior Accessory Dwelling Unit (JADU). Senate Bill 9 (SB 9) was signed by Governor Newsom on September 16, 2021, and became effective January 1, 2022 (see Attachment 5). It requires that a local jurisdiction allow ministerial approval (no discretionary review) of two units on parcels zoned for single family dwellings per lot and/or the subdivision of a single-family zoned parcel into two equal sized parcels (a 40 to 60 percent split of lot size is allowed). This type of subdivision ("urban lot split") may result in each lot containing a duplex or two detached residential units. SB 9 allows cities to adopt objective development standards that regulate such projects provided they do not conflict with the Senate Bill. All new development resulting from an urban lot split must follow the City's Objective Design Standards adopted by City Council (Ordinance 2022-02 and Resolution 2022-08), provided the new development meets the definition of a multi -family dwelling unit. ANALYSIS: On February 22, 2022, pursuant to Government Code Section 65858, the Temecula City Council enacted Interim Urgency Ordinance No. 2022-03. Adoption of the Interim Urgency Ordinance imposed a moratorium on the approval of applications for housing development projects and urban lot splits permitted by Senate Bill 9 that do not meet the objective zoning and design standards contained in the ordinance. Adoption of the Interim Urgency Ordinance also means that the added protection developed by the City was put in place immediately and applied to any SB 9 applications for a period of 45 days (expiring on April 8, 2022). State Urgency Ordinance provisions are structured so that during the 45-day period, further studies may be conducted to determine if additional standards or regulations are warranted. After 45 days, the City Council can extend the ordinance for another 320 days and another one-year extension of the ordinance is allowed after the 320-day extension. Government Code Section 65858(d) requires that "ten days prior to the expiration or extension of any interim zoning ordinance, the legislative body [City Council] must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance." On March 8, 2022, the City Council issued a public report identifying measures taken to alleviate the conditions that led to the adoption of the Interim Urgency Ordinance, which included the following: • Further research and analyze the standards adopted by other jurisdictions; • Assess the compatibility of proposed structures and subdivisions with existing neighborhoods; • Determine an estimated number and location of new units resulting from implementation of SB 9; • Identify the potential for applying objective development standards created to address the new construction of multiple -family dwellings; • Determine the adequacy of City infrastructure to provide services including but not limited to the following: water; gas, electrical and cable utilities; sanitation; trash disposal; school capacity; and police and fire services; and • Evaluate the affordability of housing units that are constructed as a result of SB 9 in Temecula. Extra time is necessary to thoroughly research and evaluate a permanent, non -urgency ordinance that updates/amends the Municipal Code establishing objective land use regulations and technical/design standards pertaining to SB 9 housing development projects and urban lot splits in the City. As a result of the potential impacts to existing neighborhoods stemming from the passage of SB 9, it is recommended that the City extend the attached ordinance to allow additional time for analyzing the various aspects of the housing development and urban lot split development. Staff recommends that the City Council extend the attached Interim Urgency Ordinance Extension for a period of 10 months and 15 days, through and including February 21, 2023. FISCAL IMPACT: Costs associated with the extension of the Urgency Ordinance are covered by the General Fund. ATTACHMENTS: 1. Extension of Interim Urgency Ordinance 2. Adopted Interim Urgency Ordinance No. 2022-03 3. February 22, 2022 Agenda Report to City Council 4. March 8, 2022 Alleviation Agenda Report to City Council 5. Senate Bill 9 ORDINANCE NO. 2022- AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, EXTENDING INTERIM URGENCY ORDINANCE NO. 2022-03, ESTABLISHING EMERGENCY REGULATIONS PURSUANT TO GOVERNMENT CODE SECTION 65858 ON URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Prior Ordinance. On February 22, 2022, the City Council adopted Interim Urgency Ordinance No. 2022-03 establishing emergency regulations pursuant to Government Code Section 65858 on urban lot splits and housing units built in accordance with Senate Bill 9. That ordinance has a term of forty-five (45) days and is scheduled to expire on April 8, 2022. SECTION 2. Legislative Findings. The City Council of the City of Temecula does find, determine, and declare that: A. California state law allows a City to adopt an interim ordinance that imposes temporary restrictions on the approval of land use entitlements that may be in conflict with a contemplated general plan, specific plan or zoning proposal that the legislative body or planning commission intends to study within a reasonable time. Pursuant to California Government Code Section 65858, an interim urgency zoning ordinance must be adopted by not less than a four -fifths vote of the City Council and is effective for forty-five (45) days from the date of its adoption. B. The City Council may consider up to two (2) extensions of Interim Urgency Ordinance No. 2022-03 pursuant to the legal requirements provided in Government Code Section 65858. The City Council may initially extend Interim Urgency Ordinance No. 2022-03 by up to ten (10) months and fifteen (15) days. Then, City Council may extend Interim Urgency Ordinance No. 2022-03 for one (1) subsequent year. Both extensions require a four -fifths vote of the City Council. C. On September 16, 2021, California Governor Gavin Newsom signed SB 9, entitled the "California Home Act", into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as outlined in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1, 2022. D. SB 9 requires cities to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two -unit or subdivision project meets certain statutory criteria. SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law. E. SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two -unit or subdivision projects. In addition, SB 9 permits a local agency to deny a proposed two -unit or subdivision project only if the agency makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute. F. Some parcels within the City are within high fire hazard severity zones, or other locations where increased density may cause safety concerns. The City has substantial interests in protecting the community against these hazards. Unregulated or disorderly development represents an ever-increasing and true threat to the health, welfare and safety of the community. G. SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City's single-family residential zones. H. The City Council is concerned that under the City's current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety and welfare impact to the City of Temecula community and to its residents — including potential detrimental impacts on vehicular and pedestrian safety, emergency response, and housing affordability — without compensating benefits to the community. I. The City Council finds that studies need to be conducted to determine the proper location, concentration, regulations, and other land use regulatory controls that need to be in place in order to ensure that the approval of qualifying urban lot splits and residential developments pursuant to SB 9 does not burden the City and its residents and that the procedures for allowing such uses need to be studied to enable the City to address and mitigate potential burdens on the communities affected by these developments. J. The City Council finds that in order to best protect the immediate threat to the public health, safety, and welfare, it is necessary for the City to immediately study and analyze the implications of approving qualifying urban lot splits and residential developments pursuant to SB 9 in the City. To accomplish this, the City Council imposed, on an urgency basis, emergency regulations related to urban lot splits and residential developments proposed pursuant to SB 9. regulations. K. The City Council now finds that it is necessary to extend the emergency 2 L. These emergency regulations will allow City staff, the City Council, property owners, and the people of the City of Temecula sufficient time to analyze the burdens that urban lot splits and residential developments proposed pursuant to SB 9 will have on the City so that the appropriate land use regulatory controls and zone changes can be adopted if needed. During this period, the City will be able to analyze their potential impacts on the public health. The City Council finds that these studies will help the City Council and the City's Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that these emergency regulations will allow time to evaluate the City's General Plan designations and policies, zoning measures or development standards and develop appropriate regulations for qualifying urban lot splits and residential developments in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure positive outcomes for the City's residents, business community, property owners, and developers. M. The City Council finds that it is necessary that this Interim Urgency Ordinance take effect immediately as there is a current and immediate threat to the public health, safety and welfare. Without this Interim Urgency Ordinance, urban lot splits and residential developments proposed pursuant to SB 9 may be established in the City that may be in conflict with regulations ultimately adopted. Without this Interim Urgency Ordinance, such urban lot splits and residential developments may be allowed to develop within the City that are incompatible with surrounding neighborhoods. Therefore, a current and immediate threat to the public safety, health and welfare exists. N. For the reasons specified above and all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare caused by the approval of qualifying urban lot splits and residential developments pursuant to SB 9 in the City, and that the approval of any entitlement to allow such type of use would constitute a current and immediate threat to the public health, safety, and welfare of the residents of the City. SECTION 3. Compliance with Government Code Section 65858(d). Government Code Section 65858(d) requires that ten days prior to the expiration or extension of any interim zoning ordinance, the City Council must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. On March 8, 2022, the City Council issued this report. SECTION 4. Adoption as an Interim Urgency Zoning Ordinance. This Ordinance is adopted as an interim urgency zoning ordinance pursuant to the provisions of Government Code Section 65858(a), and shall be effective immediately upon its adoption. Based upon the findings set forth in Section 2 of this Interim Urgency Ordinance, the City Council finds and determines that the adoption of this Interim Urgency Ordinance as an urgency ordinance is necessary for the immediate preservation of public health, safety, and welfare pursuant to the requirements of Government Code Sections 65858(a) and 36937(b). SECTION 5. Emergency Regulations Extended. The emergency regulations enacted by the City of Temecula pursuant to Interim Urgency Ordinance No. 2022-03 are hereby extended pursuant to Government Code Section 65858 for ten (10) months and fifteen (15) days so as to extend these regulations until and through February 21, 2023. The urgency ordinance 3 hereby extends emergency regulations of urban lot splits and housing units built in accordance with Senate Bill 9. SECTION 6. Term. This Interim Urgency Ordinance shall take effect immediately upon adoption, and this Interim Urgency Ordinance shall expire, and the emergency regulations established hereby shall terminate, ten (10) months and fifteen (15) days after the 45- day expiration date of Interim Urgency Ordinance No. 2022-03, unless extended by the City Council at a regularly noticed public hearing pursuant to California Government Code Section 65858. The City Council shall retain the authority to terminate or to limit the scope of the emergency regulations at any time. SECTION 7. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this Interim Urgency Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that this Interim Urgency Ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this Interim Urgency Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). This Interim Urgency Ordinance will provide temporary emergency regulations related to SB 9 Development Projects and Urban Lot Splits in the City in order to protect the public health, safety, and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the emergency regulations. There is no possibility that adopting this Interim Urgency Ordinance will have a significant effect on the environment. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations and no environmental analysis is required. Furthermore, this Interim Urgency Ordinance is exempt from the CEQA pursuant to Government Code Section 65852.210). The Community Development Director shall prepare and file a Notice of Exemption for this Interim Urgency Ordinance. SECTION 8. Planning Studies. City staff shall continue the studies commenced pursuant to Interim Urgency Ordinance No. 2022-03 that they deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of the General Plan, zoning and other necessary regulatory controls over SB 9 Development Projects within the City of Temecula. Pursuant to Government Code Section 65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior to the expiration of this Interim Urgency Ordinance, or any extension hereof, a written report describing the measures taken to alleviate the conditions which led to the adoption of this Interim Urgency Ordinance. SECTION 9. Extension of Time. The Community Development Director and the City Clerk's office shall undertake all actions legally necessary to extend this Interim Urgency Ordinance in the event the studies desired by this City Council will not be concluded on or before the termination of the Urgency ordinance. SECTION 10. Effect of Ordinance. This Interim Urgency Ordinance is intended to supersede any ordinance or resolution of the City of Temecula in conflict with the terms of this Interim Urgency Ordinance; provided, however, that nothing contained in this Interim Urgency Ordinance is intended to nor shall be construed to impair the prosecution or other enforcement action for violations of such ordinances. SECTION 11. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Interim Urgency Ordinance, is for any reason 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 Interim Urgency Ordinance. The City Council hereby declares that it would have adopted this Interim Urgency 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 12. Effective Date. This Interim Urgency Ordinance shall take effect immediately upon its passage. It shall be of no further force or effect ten (10) months and fifteen (15) days from the 45-day expiration date of Interim Urgency Ordinance No. 2022-03, unless extended pursuant to the legal requirements contained in Government Code Section 65858. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22"d day of March, 2022. Matt Rahn, 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. 2022- was duly adopted and passed as an interim urgency ordinance at a meeting of the City Council of the City of Temecula on the 22nd day of March, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 6 ORDINANCE NO. 2022-03 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 ESTABLISHING EMERGENCY REGULATIONS RELATED TO URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, DECLARING THE URGENCY THEREOF AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) AND GOVERNMENT CODE SECTION 65852.21(J) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Legislative Findings. The City Council of the City of Temecula does find, determine and declare that: A. California state law allows a City to adopt an interim ordinance that imposes temporary restrictions on the approval of land use entitlements that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body or planning commission intends to study within a reasonable time. Pursuant to California Government Code Section 65858, this interim urgency zoning Ordinance must be adopted by not less than a four - fifths vote of the City Council and will be in effect for forty-five (45) days from the date of its adoption. The City Council may consider an extension of this interim Ordinance pursuant to the legal requirements provided in Government Code Section 65858. B. On September 16, 2021 California Governor Gavin Newsom signed SB 9, entitled the "California Home Act", into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as outlined in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1, 2022. C. SB 9 requires cities to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two -unit or subdivision project meets certain statutory criteria. SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law. D. SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two -unit or subdivision projects. In addition, SB 9 permits a local agency to deny a proposed two -unit or subdivision project only if the agency makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute. E. The City of Temecula's natural beauty, high quality of life, and diverse residential communities are uniquely valuable public resources. Some parcels within the City are also within high fire hazard severity zones, or other locations where increased density may cause safety concerns. The City has substantial interests in protecting the community against these hazards. Unregulated or disorderly development represents an ever-increasing and true threat to the health, welfare and safety of the community. F. SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City's single-family residential zones. G. The City Council is concerned that under the City's current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety and welfare impact to the City of Temecula community and to its residents - including potential detrimental impacts on vehicular and pedestrian safety, emergency response, and housing affordability - without compensating benefits to the community. H. The City Council finds that studies need to be conducted to determine the proper location, concentration, regulations, and other land use regulatory controls that need to be in place in order to ensure that the approval of qualifying urban lot splits and residential developments pursuant to SB 9 does not burden the City and its residents and that the procedures for allowing such uses need to be studied to enable the City to address and mitigate potential burdens on the communities affected by these developments. I. The City Council finds that in order to best protect the immediate threat to the public health, safety, and welfare, it is necessary for the City to immediately study and analyze the implications of approving qualifying urban lot splits and residential developments pursuant to SB 9 in the City. J. To accomplish this, the City Council intends to impose, on an urgency basis, emergency regulations related to urban lot splits and residential developments proposed pursuant toSB9. K. These emergency regulations will allow City staff, the City Council, property owners, and the people of the City of Temecula sufficient time to analyze the burdens that urban lot splits and residential developments proposed pursuant to SB 9 will have on the City so that the appropriate land use regulatory controls and zone changes can be adopted if needed. During this period, the City will be able to analyze their potential impacts on the public health. The City Council finds that these studies will help the City Council and the City's Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that these emergency regulations will allow time to evaluate the City's General Plan designations and policies, Housing Element programs, zoning measures or development standards and develop appropriate regulations for qualifying urban lot splits and residential developments in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure positive outcomes for the City's residents, business community, property owners, and developers. L. The City Council finds that it is necessary that this interim Ordinance take effect immediately as there is a current and immediate threat to the public health, safety and welfare. Without this interim Ordinance, urban lot splits and residential developments proposed pursuant to SB 9 may be established in the City that may be in conflict with regulations ultimately adopted. Without this interim Ordinance, such urban lot splits and residential developments may be allowed to develop within the City that are incompatible with surrounding neighborhoods. Therefore, a current and immediate threat to the public safety, health and welfare exists. M. For the reasons specified above and all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare caused by the approval of qualifying urban lot splits and residential developments pursuant to SB 9 in the City, and that the approval of any entitlement to allow such type of use would constitute a current and immediate threat to the public health, safety, and welfare of the residents of the City. SECTION 2. Adoption as an Urgency Interim Zoning Ordinance. This interim Ordinance is adopted as an urgency zoning ordinance pursuant to the provisions of Government Code Section 65858(a), and shall be effective immediately upon its adoption. Based upon the findings set forth in Section 1 of this interim Ordinance, the City Council finds and determines that the adoption of this interim Ordinance as an urgency ordinance is necessary for the immediate preservation of public health, safety and welfare pursuant to the requirements of Government Code Sections 65858(a) and 36937(b). SECTION 3. Prohibition on SB 9 Projects that Fail to Comply with Certain Standards. Notwithstanding any other ordinance or provision of the Temecula Municipal Code, SB 9 Development Projects, as defined herein, are prohibited unless the project complies with the following requirements: A. Definitions. For the purposes of this interim Ordinance, certain words and phrases are defined as follows: 1. "Accessory Dwelling Unit" has the same meaning ascribed in California Government Code Section 65852.2, as the same may be amended from time to time. 2. "Junior Accessory Dwelling Unit" has the same meaning ascribed in California Government Code Section 65852.22, as the same may be amended from time to time. 3. "Primary Residence" means the original dwelling on the property. 4. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code section 66452.6 and adds Government Code sections 65852.21 and 66411.7. 5. "SB 9 Development Project" consists of an Urban Lot Split or development project proposed pursuant to the regulations set forth in SB 9. 6. "Urban Lot Split" means a parcel map subdivision permitted pursuant to the regulations set forth in SB 9 that creates no more than two parcels of approximately equal size. B. Applicability: Ministerial Compliance Review. 1. Notwithstanding any other provision of the Temecula Municipal Code, the provisions of this interim Ordinance shall apply to SB 9 Development Projects and Urban Lot Splits that are proposed for lots in the Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Low Density Residential (L-1 and L-2), and Low Medium Density Residential (LM) zoning districts, as well as areas within Specific Plans and Planned Development Overlay Areas that are limited to single family residential uses. Except as expressly provided in this interim Ordinance or SB 9, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the Temecula Municipal Code. 2. Proposed SB 9 Development Projects shall be subject to ministerial review by the Community Development Director or his designee to determine whether the criteria for approval have been met. An Urban Lot Split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met. 3. Notwithstanding Government Code Section 66411.1, the City shall not require dedications of rights -of -way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an Urban Lot Split. 4. Applicants are required to submit an application, including any maps, records, or other documents required by the Community Development Director. Applicants must provide a sworn statement affirming eligibility with SB 9 regulations. 5. The City may, at the applicant's expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement. C. General Requirements. A property owner seeking approval of an SB 9 Development Project shall comply with the following general requirements: 1. SB 9 and all objective requirements of other applicable state law including the Subdivision Map Act. 2. The Temecula Municipal Code, including Titles 16 (Subdivisions), 15 (Buildings and Construction) and 17 (Zoning), except as expressly provided in SB 9 or in this interim Ordinance. 3. Execution and recording of a covenant, supplied by the City and subject to the approval of the City Attorney, that contains the following provisions: a. Non-residential uses on the site shall be prohibited; b. The short term rental for periods less than 30 days of any units on the site shall be prohibited as provided in Section 17.06.030; Any subsequent Urban Lot Split of land that was previously subdivided with an Urban Lot Split shall be prohibited; d. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the owner of the property for which an Urban Lot Split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the Urban Lot Split; e. Ongoing compliance with all SB 9 requirements and restrictions shall be required; f. Access to the public right-of-way shall be maintained in perpetuity; and g. All required parking shall be maintained. 4. If the SB 9 Development Project involves an Urban Lot Split, one of the two parcels created shall include a deed restriction for one income restricted dwelling unit that shall be rented or leased at an affordable rent for very low, low or moderate -income households (as defined in Health and Safety Code Section 50053). The deed restriction shall remain in place for a period of not less than fifty-five years. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement for the deed restricted unit. D. Objective Standards. All SB 9 Development Projects shall comply with the following objective standards: 1. All new development resulting from an urban lot split must comply with the City's Objective Design Standards adopted by City Council (Ordinance 2022-02, and City Council Resolution 2022-08 and their successor ordinances and resolutions), to the extent those standards are consistent with SB 9 and this Interim Ordinance. 2. For an urban lot split that results in only one new unit being developed on the lot, the new development shall match the existing primary dwelling unit's roof pitch; roof type shapes (e.g.; s-tiles, flat tiles, etc.); materials, and colors; siding/stucco finish and color; base materials (e.g.; rocks/brick on columns); window sizes and shapes; and trim material and color. 3. One enclosed or partially enclosed parking space is required for each unit created pursuant to the regulations in SB 9 and this interim Ordinance, unless the parcel upon which the unit is created is within one-half mile walking distance of a high quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project. Required parking for an Urban Lot Split lot shall be accessed via an alley, if there is an alley adjacent to the lot. 4. The new lot line must be a straight line starting from the front property line to the rear property line, or side if it is a corner lot. There shall be no curves or angles when subdividing a lot. 5. Non-public utility electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights -of -way. 6. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material. 7. Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. 8. More than 25 percent of the exterior structural walls of a Primary Residence shall not be demolished if the Primary Residence has been occupied by a tenant in the three years prior to the submission of an SB 9 Development Project application. 9. No unit created pursuant to the regulations in SB 9 and this interim Ordinance shall exceed 16 feet and one story in height. 10. No unit created pursuant to the regulations in SB 9 and this interim Ordinance shall be more than 1,200 square feet in floor area. For the purposes of this interim Ordinance, basements shall count as floor area. 11. Any units created pursuant to the regulations in SB 9 and this interim Ordinance shall have a minimum four foot setback from all side and rear lot lines except as allowed by Government Code Section 65852.21. 12. Any units created pursuant to the regulations in SB 9 and this interim Ordinance shall be separated from any other units on the same lot by at least 10 feet. 13. An SB 9 Development Project shall not require the demolition or alteration of any of the following: a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. C. Housing that has been occupied by a tenant in the three years prior to the submission of an SB 9 Development Project application. d. Housing units removed from the rental market under the Ellis Act within the 15 years prior to the submission of an SB 9 Development Project application. 14. A SB 9 Development Project shall not be permitted on a parcel located in: a. Prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation. b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). C. A very high fire hazard severity zone, as determined by the State Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the State Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or, sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. d. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or State Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. f. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: (1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City, or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. g. A regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no -rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant 8 Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). i. Lands under conservation easement. k. A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a site that is designated or listed as a local landmark or historic property or district by the City. 15. SB 9 projects shall comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the MSHCP implementing agreement, and pay any applicable fees including any local development mitigation fee. 16. An Urban Lot Split shall comply with SB 9, the standards set forth above, and the following standards: a. No lot resulting from an Urban Lot Split shall be smaller than 1,200 square feet. b. No lot resulting from an Urban Lot Split shall have more than two residential units inclusive of any Accessory Dwelling Unit or Junior Accessory Dwelling Unit. C. The two lots resulting from an Urban Lot Split shall be approximately equal in size, and no smaller than 40 percent or larger than 60 percent of the lot area of the original parcel. d. No flag lots shall be created as a result of an Urban Lot Split if the subject property is adjacent to an alley, located on a corner, or on a through lot. e. The width of any lot resulting from an Urban Lot Split shall not be less than 20 feet wide. f. The proposed parcel map shall demonstrate the ability to access the public right-of-way in perpetuity. E. Exceptions. The Community Development Director shall approve an exception to any of the standards specified in this interim Ordinance upon determining that complying with the standard would physically preclude the construction of up to two residential units per lot or would physically preclude either of the two residential units from being 800 square feet in floor area. F. Denial. The Building Official may deny an application for an SB 9 Development Project upon making both of the following findings in writing based upon a preponderance of evidence: 1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2). 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. SECTION 4. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this interim Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that this interim Ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this interim Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). This interim Ordinance will provide temporary emergency regulations related to SB 9 Development Projects and Urban Lot Splits in the City in order to protect the public health, safety, and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the emergency regulations. There is no possibility that adopting this interim Ordinance will have a significant effect on the environment. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations and no environmental analysis is required. Furthermore, this interim Ordinance is exempt from the CEQA pursuant to Government Code Section 65852.210). The Community Development Director shall prepare and file a Notice of Exemption for this interim Ordinance. SECTION 5. Planning Studies. City staff shall promptly commence the studies they may deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of the General Plan, zoning and other necessary regulatory controls over SB 9 Development Projects within the City of Temecula. Pursuant to Government Code Section 65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior to the expiration of this interim Ordinance, or any extension hereof, a written report describing the measures taken to alleviate the conditions which led to the adoption of this interim Ordinance. SECTION 6. Extension of Time. The Community Development Director and the City Clerk's office shall undertake all actions legally necessary to extend this interim Ordinance in the event the studies desired by this City Council will not be concluded on or before the forty-fifth (45th) day subsequent to the adoption of this interim Ordinance. SECTION 7. Effect of Ordinance. This interim Ordinance is intended to supersede any ordinance or resolution of the City of Temecula in conflict with the terms of this interim Ordinance; provided, however, that nothing contained in this interim Ordinance is intended to nor shall be construed to impair the prosecution or other enforcement action for violations of such ordinances. SECTION 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this interim Ordinance, is for any reason 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 interim Ordinance. The City Council hereby declares that it would have adopted this interim Ordinance, and each section, subsection, subdivision, sentence, 10 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 9. Effective Date. This interim Ordinance shall take effect immediately upon its passage. It shall be of no further force or effect forty-five (45) days from the date of its adoption unless extended pursuant to the legal requirements contained in Government Code Section 65858. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of February, 2022. ATT Randi Johl, City Clerk [SEAL] 1 Matt Rahn, Mayor 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022-03 was duly adopted and passed as an interim urgency ordinance at a meeting of the City Council of the City of Temecula on the 22°d day of February, 2022, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: February 22, 2022 SUBJECT: Adopt an Interim Urgency Ordinance of the City Council of the City of Temecula Enacted Pursuant to Government Code Section 65858 Establishing Emergency Regulations Related to Urban Lot Splits and Housing Units Built in Accordance With Senate Bill 9, Declaring the Urgency Thereof and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3) and Government Code Section 65852.21(J) PREPARED BY: Matt Peters, Senior Planner RECOMMENDATION: That the City Council adopt by a 4/5 vote the urgency ordinance entitled: ORDINANCE NO. 2022- AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 ESTABLISHING EMERGENCY REGULATIONS RELATED TO URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, DECLARING THE URGENCY THEREOF AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15061(13)(3) AND GOVERNMENT CODE SECTION 65852.21(J) SUMMARY OF ORDINANCE: SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City's single-family residential zones. BACKGROUND: Current zoning regulations permit up to three units on a parcel zoned for a single-family dwelling: one primary dwelling; one Accessory Dwelling Unit (ADU); and one Junior Accessory Dwelling Unit (JADU). Senate Bill 9 (SB 9) was signed by Governor Newsom on September 16, 2021 and became effective January 1, 2022 (see Attachment 1). It requires that a local jurisdiction allow ministerial approval (no discretionary review) of two units on parcels zoned for single family dwellings per lot and/or the subdivision of a single-family zoned parcel into two equal sized parcels (a 40 to 60 percent split of lot size is allowed). This type of subdivision ("urban lot split") may result in each lot containing a duplex or two detached residential units. SB 9 allows cities to adopt objective development standards that regulate such projects provided they do not conflict with the Senate Bill. All new development resulting from an urban lot split must follow the City's Objective Design Standards adopted by City Council (Ordinance 2022-02), and City Council (Resolution 2022-08). ANALYSIS: If the City Council adopts the proposed Interim Urgency Ordinance at the February 22, 2022 meeting and the City Council wishes to proceed with the first extension, such an extension can be scheduled for a Public Hearing at the March 22, 2022 City Council meeting. But to comply with the extension requirement, the City would have to take action on a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. This report would be scheduled for the March 8, 2022 City Council meeting. The zones in the City where SB 9 projects would be permitted to develop include the Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Low Density Residential (L-1 and L-2), and Low Medium Density Residential (LM) zoning districts, as well as areas within Specific Plans and Planned Development Overlay Areas that are limited to single family residential uses. Subject to certain exceptions, properties that are identified in the General Plan as being in a "very high fire hazard severity zone" and/or are located within a federally designated 100-year floodplain are excluded from SB 9 projects. In addition, per SB 9, SB 9 projects are also not allowed in the several other areas, including but not limited to earthquake study zones, prime agricultural lands, hazardous waste sites, and historic districts and/or properties with historic resources. Objective Development Standards— SB 9 Housing Development Certain standards, regulations and provisions are established in SB 9 that the City must enforce. These features of the Senate Bill are listed below: • Housing. The City must allow ministerial approval of two units in single-family zones per lot and/or the subdivision of an existing single-family zoned parcel into two approximately equal sized parcels (a 40 to 60 percent split of lot size is allowed). • Preservation of Certain Types of Housing. The SB 9 project cannot require the demolition or alteration of any of the following: (1) rent controlled units, (2) affordable units, (3) units occupied by tenants within the last three years; or (4) units removed from the rental market under the Ellis Act within the last 15 years. • Setbacks. The City must allow setbacks of up to 4 feet from side and rear lot lines. The City is allowed to impose front yards setbacks, provided that the front yard setback does not preclude the development of up to two units of at least 800 square feet of floor area each. The City cannot establish a setback to/for existing structures or structures constructed in the same location and to the same dimensions as an existing structure. • Parking. The City can only require 1 off-street parking space per lot unless the parcel is located within'/2 mile of a high -quality transit corridor or major transit stop or there is a car share within one block of the parcel. • Existing Unit Protections. The City must not allow the demolition of more than 25 percent of an existing unit's exterior structural walls, unless permitted by local ordinance or the site has not been occupied by a tenant in the last three years. The interim urgency ordinance includes a provision that prohibits demolishing more than 25 percent of an existing unit as a means of preserving existing housing stock and maintaining current neighborhood appearances as much as possible. • Use Restrictions. The City must prohibit any non-residential uses, short-term rentals (less than 30-day tenancy), and subsequent urban lot splits. The City already prohibits short term rentals in the City. The City must require an applicant for an urban lot split to sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split. The City must also mandate continual access to public rights -of -way. • Housing Element Report. The City must report the number of units developed pursuant to SB 9 in its Annual Housing Report. As discussed previously, the City may adopt objective development standards as long as they do not preclude the development of up to two units of at least 800 square feet of floor area each. The City recently adopted Objective Design Standards that apply to multi -family residential projects and could apply to SB 9 projects. Since the City has some authority to adopt objective development standards, it is considered prudent to apply any provisions that could increase community aesthetics as well as promote vehicular and pedestrian safety, emergency response, housing affordability, and compatibility with existing neighborhoods. The following are recommended development standards that have been included in the attached Interim Urgency Ordinance as supplemental to those standards established in SB 9: 1. All new development resulting from an urban lot split must comply with the City's Objective Design Standards adopted by City Council (Ordinance 2022-02, and City Council Resolution 2022-08, if the development meets the definition of a multi -unit residential development. 2. Non-public utility electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights -of -way. 3. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material. 4. Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. 5. The maximum unit size for any proposed development on an urban lot split shall be 1,200 square feet. Establishing a maximum unit size will promote the intent and purpose of the law (to increase the number of affordable housing units) since smaller homes are considered more affordable. 6. Dwellings proposed in accordance with SB 9 shall be limited to 16 feet of height and consist of no more than one story. It is presumed that single story dwellings will have fewer potential impacts to the existing views and have less construction costs resulting in more affordable housing. 7. Any duplex or other dwelling unit built per the provisions of SB 9 shall provide a 10-foot separation between other dwelling units on the same lot. (Note: this will promote usable open space areas, and reduce architectural mass and bulk). 8. If the project involves an urban lot split, one of the two parcels created shall include a deed restriction for one income restricted dwelling unit that shall be rented or leased at an affordable rent for very low, low or moderate -income households (as defined in Health and Safety Code Section 50053). This means that if there is urban lot split that results in four units (two on each lot), one of the four units will be subject to a deed restriction. The deed restriction shall remain in place for a period of not less than fifty-five years. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement of the deed restricted unit. Execution and recording of a covenant, supplied by the City and subject to approval by the City Attorney shall be required. This requirement is being recommended to ensure that the new units meet the intention of State law to increase the supply of affordable housing, and to help the City meet its assigned Regional Housing Need Assessment (RHNA) of 4,193 units to be accommodated during the next eight -year housing cycle from 2021-2029. Subdivision/Urban Lot Snlit Provisions of SB 9 The following list identifies the major parameters pertaining to "urban lot splits" found in SB 9: • Parcel Map. The City is required to ministerially approve an urban lot split through a parcel map for property that is located in a single family zone. • Parcel size. No more than two parcels can be created. The new parcels must be approximately equal in size, with one parcel being no smaller than 40 percent of the original parcel's size and each new parcel containing at least 1,200 square feet. • Further Subdivisions. A City can deny further subdivision of the new parcels or if the owner or someone is acting in concert with the owner has subdivided an adjacent parcel using an urban lot split. • Objective Standards. The urban lot split must conform to all objective requirements of the subdivision map act unless exempted by SB 9. A City is not allowed to apply findings to an SB 9 tentative map or the parcel map. • Public Improvements. The City cannot require dedications of right-of-way or offsite public improvements but can require utility easements and right-of-way access. • Use Restrictions. The City must restrict the newly created parcels to residential uses and require the owner to sign an affidavit committing to occupy one of the units as a principal residence for at least three years. These restrictions may be implemented through an ordinance applicable to urban lot splits or a requirement to record a restrictive covenant. • Preservation of Certain Type of Housing. The SB 9 urban lot split is not allowed if it would require the demolition or alteration of any of the following: (1) rent controlled units, (2) affordable units, (3) units occupied by tenants within the last three years, or (4) units removed from the rental market under the Ellis Act within the last 15 years. • Correction of Non -conforming Zoning. The City cannot require the correction of non- conforming zoning conditions as a condition of parcel map approval. • Housing Element Report. The City must report the number of applications for urban lot splits in its annual Housing Element report. In addition to the above mandates of SB 9, it is recommended that the City adopt the following objective development standards (included in the attached Interim Urgency Ordinance) for urban lot splits to promote logical land development: 1. No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner, or on a through lot. 2. The width of any lot resulting from an urban lot split shall not be less than 20 feet wide. 3. A proposed parcel map shall demonstrate ability to access the public right-of-way in perpetuity. 4. No lot resulting from an urban lot split shall have more than two residential units inclusive of any Accessory Dwelling Unit or Junior Accessory Dwelling Unit. It is important to note that SB 9 allows local Building Officials to deny a two -unit development project or urban lot split only by making a written finding, based on a preponderance of evidence, that the project would have a specific adverse impact on public health and safety or the physical environment, and that there is no feasible method to mitigate or avoid such an impact. A "specific adverse impact" must be significant, quantifiable, and direct, based on an objective written public health or safety standard that existed at the time of the project application was deemed complete. Inconsistency with a City's General Plan or zoning ordinance does constitute a specific adverse impact. Staff will be reviewing these projects on a case by case basis to determine whether or not a specific adverse impact finding can be made. URGENCY ORDINANCE: Adoption of the attached Interim Urgency Ordinance means that the added protection developed by the City will be in place immediately and apply to any applications the City may receive for SB 9 projects for 45 days. State Urgency Ordinance provisions are structured so the during the 45- day period, further studies may be conducted to determine if additional standards or regulations are warranted. After 45 days, the City Council can extend the ordinance for another 320 days and another one-year extension of the ordinance is allowed after the 320-day extension. In summary, the City will have a total of up to two years to develop a permanent SB 9 ordinance. ENVIRONMENTAL REVIEW: The Interim Urgency Ordinance is exempted from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that it has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this interim Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs 15061(b)(3)). Furthermore, this Interim Ordinance is exempt from CEQA pursuant to Government Code Section 65852.210). FISCAL IMPACT: Costs associated with the code amendment are covered by the General Fund. ALTERNATIVES: 1. Recommended Action: That the City Council adopt, by at least a four -fifths vote, Interim Urgency Ordinance No. 2022-xx, establishing emergency regulations for SB 9 development projects. 2. Provide alternative direction to staff. 3. Council may elect not to adopt Interim Urgency Ordinance No. 2022-xx. ATTACHMENTS: 1. Interim Urgency Ordinance 2022-xx 2. Senate Bill 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: March 8, 2022 SUBJECT: Issuance of a Public Report Pursuant to Government Code Section 65858(d) Regarding Interim Urgency Ordinance No. 2022-03 Establishing Regulations Related to Urban Lot Splits and Housing Units Built in Accordance With Senate Bill 9 PREPARED BY: Matt Peters, Senior Planner RECOMMENDATION: That the City Council issue this report pursuant to Government Code Section 65858(d). BACKGROUND: Government Code Section 65858(d) requires that "ten days prior to the expiration or extension of any interim zoning ordinance, the legislative body [City Council] must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance." On February 22, 2022, pursuant to Government Code Section 65858, the Temecula City Council enacted Interim Urgency Ordinance No. 2022-03 to impose a moratorium on the approval of applications for housing development projects and urban lot splits permitted by Senate Bill 9, that do not meet the regulations and standards set forth in the ordinance. Absent any additional action by the City Council, the Interim Urgency Ordinance will expire after 45 days on April 8, 2022. However, extra time is necessary to thoroughly research and evaluate a permanent, non -urgency ordinance that updates/amends the Municipal Code establishing objective land use regulations and technical/design standards pertaining to SB 9 housing development projects and urban lot splits in the City. Therefore, City staff has scheduled and will notice of a public hearing for March 22, 2022 so that the City Council may consider extending the Interim Urgency Ordinance for a period of 10 months and 15 days, through and including February 22, 2023. In compliance with Government Code Section 65858(d), the City Council hereby issues this report for Interim Urgency Ordinance No. 2022-03. Measures taken to alleviate the conditions that led to the adoption of Interim Urgency Ordinance No. 2022-03: Since the Interim Urgency Ordinance was adopted, City Staff has continued its research on how best to implement SB 9 on a permanent basis in order to ensure that the City's varied and unique residential character is maintained while complying with the provisions of SB. City staff has begun identifying updates that will specifically address the housing development and design of structures and urban lot splits permitted by SB 9. While considering zoning and subdivision provisions, the City will be evaluating issues identified in the Interim Urgency Ordinance, including the following: • Further research and analyze the standards adopted by other jurisdictions; • Assess the compatibility of proposed structures and subdivisions with existing neighborhoods; • Determine an estimated number and location of new units resulting from implementation of SB 9; • Identify the potential for applying objective development standards created to address the new construction of multiple -family dwellings; • Determine the adequacy of City infrastructure to provide services including but not limited to the following: water; gas, electrical and cable utilities; sanitation; trash disposal; school capacity; and police and fire services; and • Evaluate the affordability of housing units that are constructed as a result of SB 9 in Temecula. At this time, a preliminary project schedule has been prepared that may include a study session and/or public hearing with the Planning Commission and City Council. The further evaluation of potential unexpected increases in residential density will be essential to ensure the health, safety and welfare of the community as well as to ensure the efficient and adequate delivery of governmental services. To ensure that regulations are in place while City staff drafts and the Planning Commission and City Council considers the adoption of a permanent ordinance, the Urgency Ordinance will need to be extended. This will serve to protect the City's unique residential character but also ensures the City's compliance with SB 9 as set forth in the statute. FISCAL IMPACT: There is no fiscal impact associated with the issuance of this report. ATTACHMENTS: None STATE OF CALIFORN IA co NSEY` AUTHENTICATED BUREAU ELECTRONIC LEGAL MATERIAL Senate Bill No. 9 CHAPTER 162 An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use. [Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021.] LEGISLATIVE COUNSEL'S DIGEST SB 9, Atkins. Housing development: approvals. The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 94 Ch. 162 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided. This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state -mandated local program. The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA. The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. 94 Ch. 162 This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions. By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state -mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. The people of the State of California do enact as follows: SECTION 1. Section 65852.21 is added to the Government Code, to read: 65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements: (1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 94 Ch. 162 — 4 (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions: (A) If a local ordinance so allows. (B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section. (2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section: (1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances: (A) The parcel is located within one-half mile walking distance of either a high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 5 — Ch. 162 no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days. (f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (i) For purposes of this section, all of the following apply: (1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms "objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) "Local agency" means a city, county, or city and county, whether general law or chartered. 0) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section. SEC. 2. Section 66411.7 is added to the Government Code, to read: 66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements: 94 Ch. 162 — 6 (1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. (2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet. (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements: (A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements: (1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94 7 — Ch. 162 2 (commencing with Section 66410)), except as otherwise expressly provided in this section. (3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights -of -way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split: (1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances: (A) The parcel is located within one-half mile walking distance of either a high -quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses. (g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the 94 Ch. 162 — 8 housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. (2) This subdivision shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code. (3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days. (i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. 0) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. (2) For the purposes of this section, "unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (0 Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (m) For purposes of this section, both of the following shall apply: (1) "Objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94 9 — Ch. 162 considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section. SEC. 3. Section 66452.6 of the Government Code is amended to read: 66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights -of -way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) "Public improvements," as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. (b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. 94 Ch. 162 —10 — (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements. (d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider's application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. 94 -11— Ch. 162 (f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following: (1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner. SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 94 Ch. 162 —12 — because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. U 94 Item No. 19 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: March 22, 2022 SUBJECT: Introduce an Ordinance Amending Title 9 and Title 17 of the Temecula Municipal Code to Include Entertainment Licenses, Further Clarify the Definitions of Restaurants, Entertainment, Taverns and Bars, and Provide Regulations for Private Security Operators, and Establishing Noise Standards for Mixed -Use Developments With a Residential Component PREPARED BY: RECOMMENDATION: Eric Jones, Associate Planner That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA MUNICIPAL CODE TO INCLUDE ENTERTAINMENT LICENSES, FURTHER CLARIFY THE DEFINITIONS OF RESTAURANTS, ENTERTAINMENT, TAVERNS AND BARS, AND PROVIDE REGULATIONS FOR PRIVATE SECURITY OPERATORS, AND ESTABLISHING NOISE STANDARDS FOR MIXED -USE DEVELOPMENTS WITH A RESIDENTIAL COMPONENT, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (13)(3) 2. Adopt Resolution entitled: RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ENTERTAINMENT LICENSE FEE SUMMARY OF ORDINANCE: The proposed citywide Ordinance would repeal and replace portions of Title 9 (Public Peace, Morals, and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code. The code amendments are being made to address changes in State law related to Responsible Beverage Sales Training, as well as provide further refinement of the existing code to incorporate an entertainment license, revise the definitions for restaurants, entertainment, taverns, and bars, establish private security guard standards, update standards for alcohol sales, and establish noise standards for mixed -use developments with a residential component. Of these revisions, the entertainment license and security guard provisions are the most substantive. The proposed Ordinance is necessary because it allows the City to improve customer service to applicants wishing to provide entertainment as well as enhance overall public safety for residents. BACKGROUND: The City has received Code Enforcement complaints related to businesses that are operating outside the limits of their approved Conditional Use Permit (CUP). These complaints typically involve restaurants and consist of excessive noise, operating later than approved hours, overcrowding by exceeding Building and Fire occupancy standards, and offering unpermitted entertainment. hi Old Town, the City has created the Metro Team (a division of the Riverside County Sheriff's Department) to improve safety, encourage compliance with approved CUPS, and other regulations. Members from the City's Code Enforcement, Fire, and Building and Safety divisions accompany the Metro Team to inspect for issues related to Building and Fire code requirements. Municipalities have begun to move away from requiring a CUP for entertainment because of their limitations. In particular, CUP entitlements run with the land and are essentially valid in perpetuity. Instead, many have adopted ordinances requiring the approval of an entertainment license. These licenses differ from a traditional CUP in two distinct ways. First, they do not run with the land and are instead tied to a business or business owner. Second, they require an applicant to file an annual renewal. As proposed with this ordinance, an entertainment license can be approved administratively. This contrasts with a traditional Conditional Use Permit (CUP) that must be approved via the public hearing process. The administrative approval will last for one year. Applicants can reapply on a year-to-year basis thereafter on the first business day in February. In addition, an entertainment license can be administratively revoked as a result of one to three violations as described in Section 9.10.160 (Revocations/Suspension for Violation) of the draft ordinance. Revocations last one calendar year from the date the revocation took place after which the business may reapply. Key Ordinance Components The proposed Entertainment License Ordinance will require revisions to both Title 9 and Title 17. Revisions to Title 9 will contain many of the requirements needed to administer the ordinance. The ordinance will also create three distinct entertainment classes with corresponding hours within Title 9. These hours only correspond to the entertainment aspect of the business. The business is free to continue other operations beyond the stated times. Class types as well their proposed hours are listed below: Entertainment Establishment Types Class I Entertainment Establishment (a businesses without alcohol)" means a business offering ancillary entertainment to patrons. A Class I facility does not serve any alcoholic beverages and does not include any dancing. Class II Entertainment Establishment (a business serving beer, wine, and/or distilled spirits)" means a business with an ABC license that offers beer, wine, and or distilled spirits as an addition to offering ancillary entertainment to patrons. A Class II facility does not include dancing. Class III Entertainment Establishment (Nightclub, Cocktail Lounge, Bar, & Dance Club/Hall, Pool Hall)" means a business with an ABC license that offers any combination of beer, wine, and/or distilled spirits in addition to offering entertainment to patrons. A Class III facility also allows for dancing. Restaurants with dancing shall be classified as a Class III facility. Entertainment Permitted Entertainment Hours of Operation License Type Class I 7:00 a.m. — 9:00 p.m. Dail Class II 7:00 a.m. — 9:00 p.m. Sunday- Thursday; 7:00 a.m. — 10:00 p.m. Friday -Saturday Class III Entertainment operating hours shall be between 7:00 a.m. — 11:59 p.m. or as required by a Conditional Use Permit that explicitly allows dancing adopted prior to February 2022. The three classes are designed to encourage family friendly entertainment while also allowing for more intense ancillary entertainment uses such as dancing. For the purpose of providing an example of each type, a Class I license would be ideal for a coffee shop offering an acoustical guitar player. In this example, no alcohol is served in conjunction with entertainment. A Class II license could be utilized by a restaurant that would like to serve mixed drinks and offer live music. In this example, alcohol is served in conjunction with entertainment, but dancing is not included. Finally, a Class III license is reserved for a business seeking the most intensive forms of entertainment such as a restaurant that offers alcohol and dancing. It is important to note that for Classes II and III licenses, alcohol requests from a restaurant that include distilled spirits will still need to be approved via the traditional CUP process. This CUP will run independently of the entertainment license and have its own conditions of approval. The proposed ordinance also incorporates security guard standards. Staff has learned through consultation with the Police Department that some businesses are employing people without formal training or licensing to serve as security guards. This has led to several incidents that have impacted public safety. Proposed security guard standards include: • Security personnel must have an active license through the California Bureau of Security and Investigative Services (BSIS); • The security license must be made available upon request by any peace officer, code officer or other official; • Business cannot appoint unlicensed staff to the role of security guard; and • Security personal must wear a highly visible vest or shirt with "Security" and the name of the business. Revisions to Title 17 will not be as extensive as those for Title 9. Revisions to Title 9 include additions and clarifications to Section 17.34.010 (Definitions and illustration of terms) designed to increase clarity with regard to defining restaurants and entertainment. For example, restaurants have been placed into three distinct categories. The three categories include restaurants that do not serve alcohol, those that serve beer and wine, and finally, those that serve beer, wine, and distilled spirits. A definition for entertainment has also been included with the ordinance. These definitions are of particular importance because they will clearly define specific uses for the City. Additional amendments to Title 17 include the following: • Elimination of uses in Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) including "Nightclubs/dance club/teen club/comedy club", "Restaurants and other eating establishments", "Restaurants with lounge or live entertainment"; • Additional requirements for businesses selling alcoholic beverages including presenting a valid ABC license to any official; and • Requirements for entertainment establishments related to noise and parking. Overall, the proposed ordinance will produce several improvements for applicants, surrounding businesses and residents if adopted. These improvements include: • City staff will have greater flexibility with regard to administering entertainment citywide; • Compliant businesses will benefit from a streamlined review and approval process; • Non -Compliant businesses will have an opportunity to come into compliance quickly since the City can follow-up in a timely manner; • Clear standards for entertainment and security guards will be implemented; and • Quality of life improvements for adjacent property owners, residents, and businesses. It is important to note that the ordinance does not apply to establishments already in possession of a CUP for entertainment. These businesses would become subject to the ordinance only if a modification to the existing CUP is proposed. In addition, alcohol will still require the approval of a CUP. The ordinance would apply to all establishments with regard to private security operations upon adoption. FISCAL IMPACT: Community Development budgeted sufficient funds for the ordinance development and fee study, which will include administrative costs, and enforcement. ATTACHMENTS: 1. Ordinance 2. Planning Commission Staff Report 3. Fee Resolution 4. Notice of Public Hearing ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA MUNICIPAL CODE TO INCLUDE ENTERTAINMENT LICENSES, FURTHER CLARIFY THE DEFINITIONS OF RESTAURANTS, ENTERTAINMENT, TAVERNS AND BARS, AND PROVIDE REGULATIONS FOR PRIVATE SECURITY OPERATORS, AND ESTABLISHING NOISE STANDARDS FOR MIXED -USE DEVELOPMENTS WITH A RESIDENTIAL COMPONENT, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to revise portions of Title 9 (Public Peace, Morals, and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code. B. The code amendments are being made to address changes in State law related to Responsible Beverage Sales Training, as well as provide further refinement of the existing code to incorporate an entertainment license, revise the definitions for restaurants, entertainment, taverns and bars establishing private security guard standards, updating standards for alcohol sales, and establishing noise standards for mixed -use developments with a residential component. C. The Planning Commission considered the proposed amendments to Title 9 and 17 of the Temecula Municipal Code ("Ordinance") on February 2, 2022, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2022-04, recommending that the City Council approve the Title 9 and 17 amendments. E. The City Council, at a regular meeting, considered the Ordinance on March 22, 2022, at a duly noticed public hearing, as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. F. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan. The proposed amendments to Title 9 and Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. Entertainment uses are currently permitted upon the approval of a Conditional Use Permit and are consistent with the General Plan's commercial use descriptions. The amendments to Title 9 and Title 17 contain a revised process for businesses to have entertainment offered at their establishments. The proposed Entertainment License Ordinance directly responds to Goal 3, Policy 3.3 of the General Plan Public Safety Element. This is accomplished because the ordinance provides the City with a set of standards designed to allow for the efficient administration of entertainment establishments. More specifically, the standards will allow the City to quickly address ordinance violations thus reducing the chance of potential crimes taking place. The proposed ordinance also conforms with two Goals contained in the City of Temecula General Plan Noise Element. First the proposed ordinance directly responds to Goal 2, Policy 2.1 in that it seeks to limit the maximum permitted noise levels crossing property lines and impacting adjacent land uses. This is accomplished by ensuring proper Conditions of Approval to address noise will be incorporated with each entertainment license. Second, the ordinance is in conformance with Goal 3, Policy 3.1 since it seeks to enforce and maintain acceptable noise limit standards. The ordinance also provides staff the ability to quickly address noise violations by administratively revoking the license when necessary. B. The proposed use is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed amendments do not propose any land use that is inconsistent with the Municipal Code and Development Code for the City of Temecula. The proposed Ordinance has been designed to be internally consistent with the Municipal Code and the Development Code in terms of referencing key components of the City's currently adopted Noise Ordinance, which applies citywide. The ordinance will also create two new sections within the Municipal Code (Sections 9.10 and 9.11). C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein. 2 The City currently permits establishments to allow entertainment through the Conditional Use Permit process. The proposed amendments to Title 9 and Title 17 will allow businesses to offer entertainment by obtaining an entertainment license. Moreover, the proposed amendments will create standards that provide further consistency with goals and policies contained within the General Plan. The proposed ordinance has been processed to ensure it will be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed Municipal Code amendments provide standards for how entertainment uses are to operate and establish standards for private security operators. These regulations do not increase the intensity or density of any land use above what is currently allowed. Moreover, the noise standards for mixed -use developments established by the proposed Ordinance, are consistent with the standards set forth in the General Plan for mixed -use developments. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 4. Chapter 9.10 (Special Licenses — Bars, Nightclubs, Dancehalls, Poolrooms, etc.) of Title 9 (Public Peace, Morals, and Welfare) of the Temecula Municipal Code is hereby renamed and amended in its entirety to read as follows: "Chapter 9.10 ENTERTAINMENT LICENSE 9.10.010 Purpose and Intent. The City of Temecula encourages the development of art and cultural resources and recognizes that having a variety of entertainment establishments provides a means for such activity. The City of Temecula further recognizes that having a variety of entertainment types in the City promotes a rich and diverse cultural experience. The City of Temecula recognizes that many non-alcoholic entertainment venues provide a safe place for families and young adults to gather. The City of Temecula also recognizes that certain entertainment establishments have demonstrated the potential for creating or maintaining an environment where various types of disturbances such as excessive noise and disorderly conduct by patrons may occur. These impacts are primarily driven by establishments that serve alcohol and offer entertainment. These negative effects are adverse to the public safety, general welfare and the quality of life of the community. The purpose of this chapter is to regulate the operation of entertainment establishments so as to minimize the negative impacts and to preserve the public safety, health and welfare. It is not the City's intent to regulate or restrict the type or content of entertainment provided in those establishments. All licensees will be responsible for controlling patron conduct at their entertainment establishment, making adequate provisions for security, crowd size, and control, and complying with state and local laws and minimizing disturbances caused by the operation of an entertainment establishment. 3 It is also the intent of the City of Temecula to provide alternatives to the regulating of entertainment establishments by imposing license conditions tailored to the particular entertainment establishment. Adult oriented businesses shall use Chapter 5.09 (Adult Business Regulations) for applicable regulations. 9.10.020 Definitions. For purposes of this chapter the following words and phrases shall have the following meanings: "ABC license" means a license to serve alcoholic beverages issued by the State of California Department of Alcoholic Beverage Control. "Ancillary" means a business where entertainment is not the primary activity or operation of the establishment. "Dance" or "dancing" means to move with rhythmical steps or movement, usually to music or an audible rhythm; except for any dancing that is regulated under Chapter 5.09 (Adult Regulations). "Entertainment" means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited (by advertisement or word of mouth) or allowed to watch, listen, or participate in, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons, including, but not limited to: Dancing by patron(s) or staff to live or recorded music. 2. The presentation of music played on sound equipment operated by an agent or contractor of the establishment. This may or may not include a "disc jockey" or "DJ." 3. The presentation of live music whether amplified or non -amplified. 4. The presentation of music videos, music concerts or other similar forms of musical entertainment from any source. 5. Any amusement or event such as live music or other live performance which is knowingly permitted by any entertainment establishment, including presentations by single or multiple performers, such as hypnotists, pantomimes, magicians, comedians, song or dance acts, plays, concerts, any type of contest, events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public. "Entertainment establishment(s)" means any commercial business, that is open to the public and offers entertainment to patrons. Entertainment establishments are separated into three different classes, as outlined below: Entertainment Establishment Types Class I Entertainment Establishment (a businesses without alcohol) means a business offering ancillary entertainment to patrons. A Class I facility does not serve any alcoholic beverages and does not include any dancing. Class II Entertainment Establishment (a business serving beer, wine, and/or distilled spirits) means a business with an ABC license that offers beer, wine, and or distilled spirits in addition to offering ancillary entertainment to patrons. A Class II facility does not include dancing. Class III Entertainment Establishment (Nightclub, Cocktail Lounge, Bar, & Dance Club/Hall, Pool Hall) means a business with an ABC license that offers any combination of beer, wine, and/or distilled spirits in addition to offering entertainment to patrons. A Class III facility also allows for dancing. Restaurants with dancing shall be classified as a Class III facility. "Entertainment license" means a license obtained from the Chief of Police pursuant to the provisions of this chapter for the purposes of operating an entertainment establishment. "Manager" means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on, or control the operations of an entertainment establishment, including a restaurant or bar. Authority to engage in one or more of the following functions is prima facie evidence that a person is a manager of the entertainment establishment: 1. Hire or terminate employees; 2. Contract for the purchase of furniture, equipment, or supplies, except for the occasional replenishment of stock; 3. Disburse funds of the business, except for the receipt of regularly replaced items of stock; 4. Make or participate in making policy decisions regarding operations of the entertainment establishment; 5. Holds keys to open and/or close the establishment. "Noise" means any loud, discordant, raucous or disagreeable sound. "Noise level" means the "A" weighted sound pressure level in decibels obtained using a sound level meter. The unit of measurement should be designated in dBA. "On -sale" has the same meaning as California Business and Professions Code Section 23396, as the same may be amended from time to time. "Public premises establishment" has the same meaning as that used in California Business and Professions Code Section 23039, as the same may be amended from time to time. "Pyrotechnics" shall have the same meaning as defined by the California Fire Code, as may be amended from time to time, and currently means controlled exothermic chemical reactions timed to create the effects of heat, hot gas, sound, dispersion of aerosols, emission of visible light or a combination of such effects to achieve the maximum effect from the least volume of pyrotechnic composition. Pyrotechnics shall also mean any of the following: 5 1. Pyrotechnic Article: A pyrotechnic device for use in the entertainment industry, which is not classified as fireworks. 2. Pyrotechnic Composition: A chemical mixture that produces visible light displays or sounds through a self -propagating, heat -releasing chemical reaction which is initiated by ignition. 3. Pyrotechnic Special Effect: A visible or audible effect for entertainment created through the use of pyrotechnic materials and devices. 4. Pyrotechnic Special Effect Material: A Chemical mixture used in the entertainment industry to produce visible or audible effects by combustion, deflagration or detonation. Such a chemical mixture predominantly consists of solids capable of producing a controlled, self- sustaining and self-contained exothermic chemical reaction that results in heat, gas sound, light or a combination of these effects. The chemical reaction functions without external oxygen. "Responsible beverage service training course" means a course certified by the California Department of Alcoholic Beverage Control for on -sale management and on -sale professional services. "Responsible party" means any person who is physically at the entertainment establishment and is any of the following: 1. The person who owns the entertainment establishment; 2. The person in charge of the entertainment establishment; 3. The person using the entertainment establishment under a special arrangement; 4. An employee or agent of an owner or manager of the entertainment establishment when the owner or manager is temporarily absent from the entertainment establishment; 5. The entertainment establishment's manager or on -site supervisor. 6. The person who books/schedules/authorizes entertainment. 9.10.030 Entertainment license required. All entertainment establishments shall possess an active and valid entertainment license issued by the City. 9.10.040 Exemptions. The following types of activities are exempt from the provisions of this chapter: A. Events for which a Special Event Permit, or Temporary Use Permit has been issued and is active pursuant to the Temecula Municipal Code; B. Events operated by the City of Temecula, or other governmental entities; C. Events operated by public or private schools; D. Events operated by a senior assisted care facility; E. Events operated by a religious institution or nonprofit organization; 9.10.050 Application/modification requirements. A. Any person or business entity desiring to obtain an entertainment license or modification to an entertainment license shall submit a complete application to the Chief of Police through the Community Development Department ("Planning") and pay an application fee pursuant to the fees adopted by resolution, which may be amended from time to time. B. The application shall be in a form approved by the Chief of Police. C. The application shall be filed: 1. At least sixty (60) days prior to the proposed operation of the entertainment establishment; or 2. At least sixty (60) days prior to the expiration of an entertainment license; or 3. At any time for a modification including, but not limited to: a. adding dancing; b. adding alcohol or changing the alcohol license type; or c. changing operations to incorporate activities in a different class of entertainment. D. The application shall state the class of entertainment (Class I, Class II, or Class III) that the entertainment establishment desires to provide to patrons. E. The entertainment license application shall include five (5) copies of a floor plan (or a digital copy if acceptable to the City). The floor plan shall be an accurate and dimensioned representation of the floor plan approved by the city building and fire departments as part of a formal building permit process. Any changes that have occurred to the floor plan since the original city building and fire department approval shall be identified and include a notation identifying the date the modification was approved by the city if such approval was required. The floor plan shall show all customer seating areas, performing stages or platforms, back - of -house areas, restroom facilities, and any proposed dance areas if applying for a Class III entertainment license. The floor plan shall clearly state the legal occupant load as established as part of the formal building permit process, and all exiting systems of the premises shall be clearly shown. No floor plan change, occupant load change, or other change of use can be approved as part of an application process for an entertainment license. F. The application for an entertainment license shall include five (5) copies (or a digital copy if acceptable to the City) of the proposed site plan for the entertainment establishment and the site plan shall be an accurate representation with dimensions that show the building's footprint, boundary and property lines and onsite parking spaces. Any changes that have occurred to the site plan since the original city building and fire departments approval shall be identified and include a notation identifying the date the modification was approved by the city if such approval was required. The application shall also include adjacent uses with operating hours for those uses. G. The application shall also include a copy of any city land use permits (e.g., Conditional Use Permit, development plan, occupancy permit, etc.) issued to the property owner or business entity. H. The entertainment license application shall include a detailed security plan. The security plan should include, but is not limited to, the following: The number of licensed security personnel who will be on duty; 2. The minimum level of acceptable training for licensed security personnel in compliance with Chapter 9.11 (Regulation of Private Security Operators) of the Temecula Municipal Code; 3. The patron screening procedure, if any, prior to admission to entertainment establishment; 4. Identify patron access points into the entertainment establishment; 5. Process for removal of disorderly or intoxicated patrons from premises; and 6. Process for dispersal of patrons from the entertainment establishment, onsite parking area and/or public rights -of -way (e.g., sidewalk or street) within 50 feet of any entrance to the entertainment establishment. I. The entertainment license application shall include a notarized letter from the applicant and property owner that reflects: 1. That the applicant and the property owner understand and agree to the requirements of this Chapter; 2. That the applicant and the property owner understand and agree to the renewal requirements of this Chapter; 3. That the applicant and the property owner understand and agree that the license is nontransferable; and 4. That the applicant and the property owner understand that three or more violations of this Chapter, or one violation that poses an immediate threat to the public health, safety or general welfare, may result in termination of the entertainment license. 9.10.060 Fees. A nonrefundable fee, as set forth in the City of Temecula Fee Schedule shall accompany each application for an entertainment license. The entertainment license fee shall be in addition to the business license fee required pursuant to Chapter 5.04 (Business Licenses Generally) of this code as may be amended from time to time. 9.10.070 Approval/denial/modification of entertainment license. A. Upon completion of an investigation coordinated by the Chief of Police, the Chief of Police may issue the license subject to Section 9.10.090, (Investigation and Issuance) as applicable, unless it is found that: 1. The application fee has not been paid. 2. Applicant is less than 21 years of age. 3. The application does not conform to the provisions of this Chapter. 4. The applicant has made a material misrepresentation in the application. 5. The applicant or any of its owners, partners, officers or directors has had an entertainment license revoked within one (1) year prior to the date of the pending application. 6. The business has been conducting entertainment without a valid and active entertainment license within the last sixty (60) days. 8 7. The proposed entertainment establishment does not comply with all applicable laws, including, but not limited to: health, zoning, building, and fire code requirements. Prior to granting a license, the Chief of Police or designee shall obtain certification from the fire chief, city planner, and building official that the proposed use is in compliance with the land use and zoning provisions of the applicable municipal code provisions and that the structures are suitable and safe for the proposed operation of an entertainment establishment. B. If the Chief of Police denies the application, the applicant shall be notified of the reasons for the denial in writing within forty-five (45) days after receipt of the application. However, failure to notify the applicant within the specified time period shall not constitute a basis for granting the license. An applicant denied an entertainment license has a right to appeal the denial pursuant to Section 9.10.170 (Appeals procedure) of this chapter. If such a hearing is not requested within the prescribed time period, the denial shall be final. 9.10.080 Conditional Use Permits in Conjunction with Entertainment Licenses A. If a Conditional Use Permit, or any other permit or approval, except a certificate of occupancy, is required for the lawful operation of an entertainment establishment, the provisions of this chapter shall be in addition to those other permits and entitlements. An entertainment license cannot modify the terms of an existing Conditional Use Permit, except as set forth in Section C below. B. For new Conditional Use Permits issued after the adoption of this ordinance, a valid and compliant entertainment license shall be a condition and/or requirement for an entertainment establishment and may include operating requirements above and beyond the Conditional Use Permit, which may be amended from time to time, as listed in this Chapter. C. For Modifications to existing Conditional Use Permits that allow entertainment, the City may require, as a new Condition of Approval, that the business obtain an entertainment license if entertainment will be offered at the business. 9.10.090 Universal Entertainment license standards and conditions. A. All Class I, Class II, and Class III entertainment establishments shall operate in accordance with the following standards or conditions: 1. Display of License. The entertainment license shall be displayed on the premises in a conspicuous place so that law enforcement and city staff entering may readily see the entertainment license. A copy of the floor plan approved with the entertainment license shall always be kept on the premises and made available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire marshal, or if requested by the establishment after an opportunity for pre -compliance review. 2. Outdoor Entertainment. Outdoor entertainment is prohibited unless explicitly permitted by an active Conditional Use Permit that explicitly allows outdoor entertainment, or by a Temporary Use Permit, or Special Event Permit. 3. Class III Entertainment. Dancing is only permitted at establishments with a Class III entertainment license. 9 4. Entertainment Hours of Operation. Entertainment operations shall cease, based on the times outlined below: Entertainment Permitted Entertainment Hours of Operation License Type Class I 7:00 a.m. — 9:00 p.m. Daily Class II 7:00 a.m. — 9:00 p.m. Sunday- Thursday; 7:00 a.m. — 10:00 p.m. Friday -Saturday Class III Entertainment operating hours shall be between 7:00 a.m. — 11:59 p.m. or as otherwise set forth in a Conditional Use Permit that explicitly allows dancing adopted prior to February 1, 2022. 5. Food Service. If the Class I, Class II, or Class III entertainment license is associated with a restaurant, food and non-alcoholic beverage service shall be provided at all hours the establishment is operating. 6. Noise Restrictions. Noise shall be measured in accordance with Chapter 9.20. No entertainment establishment may cause, permit, or maintain noise at a sound level that exceeds the standards of Chapter 9.20. 7. Noise Dampening. All doors, windows, and any other physical opening shall remain unlocked and unobstructed as required by all building and fire life safety requirements. All doors, windows, and any other physical openings shall not be propped open by people or physical devices during any hours that entertainment is occurring. 8. Manager and Server Training. The following persons must complete a responsible beverage service training course before the entertainment establishment may provide entertainment: i. Every manager and every person who serves or sells alcoholic beverages for consumption by patrons on the premises of the entertainment establishment shall maintain a current responsible beverage service training course certificate. 9. Employee list. A list of all persons employed as managers or persons who serve or sell alcoholic beverages for consumption by patrons on the premises of an entertainment establishment shall be maintained on the premises of the entertainment establishment. The list shall clearly identify the hire date, the date of each responsible beverage service training course was completed and the date the current training certificate will expire for every manager and every person who serves or sells alcoholic beverages for consumption by patrons on the premises of the entertainment establishment. The list shall be provided, upon request, to any law enforcement or code enforcement personnel, or at the request of the establishment, after pre -compliance review. 10. Security Guards i. All Security Guards shall operate in accordance with Chapter 9.11 (Regulation of Private Security Operators). ii. A violation of Chapter 9.11 (Regulation of Private Security Operators) shall constitute a violation of this chapter. 10 11. Maximum Occupant Load. The maximum number of persons in the entertainment establishment, shall not, at any time, exceed the maximum occupant load as established by the Fire Marshal or the City Building Official. 12. Disturbing the Peace and Disorderly Conduct. The responsible party shall make reasonable efforts to prevent the admission of any person, who is fighting, or challenging someone to a fight; maliciously and willfully disturbing another person by loud and unreasonable noise; using offensive words in a public place that is likely to provoke an immediate violent reaction, or engaging in disorderly conduct (as defined in Penal Code Section 647), inside the entertainment establishment, at any onsite parking lot owned or under the control by the entertainment establishment, or on any sidewalk used by the entertainment establishment for the entertainment establishment. The responsible party shall make reasonable efforts to either call the police for assistance or remove from the entertainment establishment, parking lot or sidewalk persons exhibiting such conduct. 13. Maintaining Adequate Right -of -Way. The responsible party shall ensure that patrons queuing on the public sidewalk do not obstruct the right-of-way or sidewalk from vehicular or pedestrian access. The minimum clear access for sidewalks shall be maintained at forty-four (44) inches. 14. Orderly Dispersal. The responsible party shall use reasonable efforts to cause the orderly dispersal of patrons from the entertainment establishment at closing time and shall use reasonable efforts to prevent patrons from congregating in the entertainment establishment's parking lot after closing time or permit patrons to congregate in any roadway or traffic lane within fifty (50) feet of any entrance to the entertainment establishment. This may include, but is not limited to, clearing all the cars from the establishment's parking lot. 15. Pyrotechnics. Pyrotechnics and safe and sane fireworks, are prohibited, unless explicitly permitted by the Fire Department. 16. Compliance with Law. Operators shall comply with all federal, State, and local laws. B. In addition to the conditions set forth in subsection A of this section, the Chief of Police may impose additional conditions in the following areas which shall be based on specific, articulated facts setting forth the necessity for the conditions: The permissible hours of operation for entertainment. 2. Specific licensing qualifications and numbers of security personnel to be on duty during business hours. 9.10.100 Class I entertainment establishment conditions. Class I entertainment establishments shall comply with all requirements stipulated in Section 9.10.090 (Universal Entertainment license standards and conditions). 9.10.110 Class II entertainment establishment conditions. In addition to the conditions set forth in Section 9.10.090, (Universal Entertainment license standards and conditions) the following conditions shall apply to all Class II entertainment establishments: IF A. Food Service. If the Class II entertainment license is associated with a restaurant, alcohol sales shall cease one half hour prior to closing. 9.10.120 Class III entertainment establishment conditions. In addition to the conditions set forth in Section 9.10.090, (Universal Entertainment license standards and conditions) the following conditions shall apply to all Class III entertainment establishments: A. Location. Establishments seeking a Class III License shall only be permissible in areas identified in Title 17 as a "Restaurant (bona fide public eating establishment) with Entertainment and/or Dancing" as listed in the Temecula Municipal Code, or as identified in a Specific Plan. If required by the Temecula Municipal Code or Specific Plan, a Conditional Use Permit shall be obtained for the use, prior to the submission of an entertainment license. B. Mandatory Security Guards. There shall be at least two (2) security guards licensed by the State on duty at all times that dancing is permitted. Additional Mandatory Security Guards may be required at the direction of the Chief of Police or as required by the California Department of Alcoholic Beverage Control. C. Security Guard Licensing. All Security Guards shall comply with Chapter 9.11 (Regulation of Private Security Operators). D. Occupancy Calculation. At all hours that dancing is permitted, a staff member shall maintain an accurate count of the current occupancy. A crowd control tally or other electronic device shall be utilized for the counting. The most current occupancy tally must be made available immediately upon request to Code Enforcement, Police, or the Fire Prevention Department, or if requested by the establishment after an opportunity for pre -compliance review. E. Designation of Dance Floor. 1. The dance floor area shall be plainly marked and designated as the dancing area. 2. No dancing shall be permitted outside the designated dancing area as approved and on file with the city. F. Dancing Area. During all hours which dancing is permitted, no portion of the dancing area shall be used for any purpose other than dancing. G. Seating and Dance Areas. Seating areas shall not be converted to dance areas unless the floor plan approved as part of the application process allows such conversion. H. Designated Sound Operator. At all times a responsible party shall be responsible for any amplified or non -amplified sources of sound on the property. The absence of a designated sound operator shall be a violation of this section. L Enhanced Noise Dampening. If a Class III entertainment establishment is located within 500' of residences as measured from property line to property line, the establishment shall be required to submit an acoustical analysis prepared by a certified acoustical engineer/professional demonstrating compliance with the City's noise ordinance and the entertainment license standards. If required by the analysis, sound dampening materials and design shall be installed prior to the issuance of the entertainment license. The entertainment 12 establishment shall operate in a manner that abides by all requirements of the acoustical report. J. Halt of Alcohol Sales. A Class III entertainment establishment shall cease alcohol sales at least one-half hour prior to closing. Meals, water, and other non-alcoholic beverages shall be available up until closing of the establishment. This requirement shall apply under any scenario where the establishment may alter or vary the regular operating hours. K. Copy of ABC License. A Class III entertainment establishment shall provide a complete approved copy of the California Department of Alcoholic Beverage Control's license, including conditions, and the approved site plan to law enforcement or code enforcement immediately upon request, or if requested by the establishment after pre -compliance review. 9.10.130 Sound or noise measurement. A. Noise measurements shall be conducted in a manner as identified in Chapter 9.20 (Noise). 9.10.140 Immediate threat to public safety. A. The Chief of Police, Fire Marshal, or designee may require the responsible party to cease all or part of the entertainment establishment's operations or entertainment and disperse all patrons for a period of time up to and including the remainder of the entertainment establishment's daily operating hours whenever conduct by disorderly patrons reaches a magnitude that presents an immediate threat to the safety and well-being of the patrons or general public in the vicinity of the entertainment establishment. 9.10.150 Duration and renewal of license. A. Licenses are non-transferrable. B. Licenses for entertainment establishments may be renewed on the first business day in February 2023, and on a year-to-year basis thereafter on the first business day in February, provided the license holder continues to meet the requirements of this chapter. "Business day" as used in this subsection shall mean the days that Temecula City Hall is open for business. C. No license granted herein shall confer any vested right to any person for more than the license period. D. Applications for a license renewal shall be filed with the Chief of Police at least sixty (60) days prior to expiration of the existing license, otherwise the license will lapse. At the discretion of the Chief of Police, a temporary license pending satisfactory completion of the renewal application process may be issued to renewal applicants who have no permit revocation proceedings pending at the time of filing of the renewal application. Licenses are not automatically renewed. E. Renewal applications shall set forth such information as may be required by the Chief of Police to update and verify the information contained in the original permit application. The applicant shall pay an application fee, in an amount established by resolution, when applying for renewal. 13 F. If an application for renewal of license and all required information is not timely received and the license expires, no right or privilege to provide entertainment shall exist. 9.10.160 Revocation/suspension for violation. A. The Chief of Police may issue a letter of intent to revoke an entertainment license upon receiving satisfactory evidence that: The application for an entertainment license contains material misrepresentation; or 2. Ownership of the entertainment establishment has changed without the new ownership securing a new entertainment license from the Chief of Police; or 3. The entertainment establishment has, within the last 12-months, been found criminally, civilly, or administratively (pursuant to Chapter 9.10 of this code), or any combination thereof, to have violated any provision of this Chapter on at least three separate occasions; or 4. The entertainment establishment has, within the last 12-months, engaged in conduct, or allowed its patrons to engage in conduct that posed an immediate threat to the public health or safety of the general public; or 5. Employees of the entertainment establishment, while on the premises are engaged in conduct or behavior to the extent that it constitutes a nuisance, including but not limited to adjudicated complaints with adverse finding(s) by the State Alcoholic Beverage Control Board or the Riverside County Health Department. B. The Chief of Police shall provide written documentation or other evidence to support the intent to revoke an entertainment license to the licensee with the letter of intent to revoke an entertainment license. C. The Chief of Police shall provide written notice of the intent to revoke to the holder of an entertainment license by personal service, or by certified mail. The notice shall be directed to the most current entertainment establishment address or other mailing address on file with the Chief of Police for the entertainment establishment. The notice shall provide the effective date of the revocation. No revocation shall be imposed on less than thirty (30) days' notice to the holder of the entertainment license. D. An entertainment establishment that has had its license revoked may not apply for another license within 12 months from the date the license is revoked. 9.10.170 Appeal procedure. A. The right to file a written appeal of a revocation or denial of new permit or renewal of a permit shall terminate upon the expiration of fifteen (15) days of the date of mailing by the Chief of Police of the notice specified in Sections 9.10.070 or 9.10.160. of this Chapter. The written appeal shall be filed with the City Clerk of the City of Temecula and shall be accompanied by an appeal fee in an amount as set by city council resolution. The City Clerk shall promptly forward a copy of the appeal to the Chief of Police. B. In the event an appeal is timely filed, the denial of the renewal or revocation of the license, shall not be effective until a final decision has been made on the appeal. Notwithstanding 14 the foregoing, if the Chief of Police finds and determines that permitting an entertainment establishment to continue to operate, pending the appeal hearing, would present an unreasonable and immediate risk to the public health and safety, the denial of renewal or revocation of the license may take effect immediately. A business that has been denied an entertainment license, may not begin to operate as an entertainment establishment until it has obtained a valid entertainment license. If no timely appeal is filed, the denial of renewal or revocation, or issuance of a license, shall become effective upon expiration of the period for filing appeals. C. Upon receipt of a timely appeal, the City Clerk shall refer the appeal to the California Office of Administrative Hearings for the assignment of an administrative law judge to serve as the hearing officer. D. In the event the Office of Administrative Hearings is unable to provide a hearing officer, the City Clerk shall make arrangements for the selection of a hearing officer to conduct the appeal hearing as provided in this subsection. a. Not less than fifteen (15) days prior to the appeal hearing, the City Clerk shall notify the Chief of Police and the appellant of the names of three qualified attorneys or retired Superior Court or Appellate Court judges submitted to the City Clerk by a reputable firm providing mediators and arbitrators to serve as a panel from which the hearing officer will be selected. b. Within five (5) days of the date of mailing the notice of the available panel, the Chief of Police and the appellant may notify the City Clerk in writing that he or she elects to remove one of the three potential hearing officers. c. The City Clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the appeal hearing. d. The hearing officer shall be fair and impartial and shall have no bias for or against the Chief of Police or the appellant. 5. At the appeal hearing, the hearing officer shall receive oral and written evidence from the Chief of Police and the appellant. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code, but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The hearing officer shall have broad authority to control the proceedings and to provide for cross examination of witnesses in a fair and impartial manner. The Chief of Police shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her decision is based. The appeal hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both parties. The hearing officer may continue the appeal hearing from time to time, but only upon written motion of a party showing good cause for the continuance. 6. The hearing officer may uphold, modify or reverse the decision of the Chief of Police. Within ten (10) days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision. He or she shall send the decision to the City Clerk. Upon receipt of the hearing officer's decision, the City Clerk shall send a copy of it to the Chief of Police and the appellant, along with a proof of mailing. 15 7. Within ten (10) days from date of the City Clerk's mailing of the decision, either party may appeal the decision to the City Manager. The appeal shall be in writing and filed with the City Clerk, and shall state the grounds of the appeal and specify the errors in the hearing officer's decision. Upon receipt of the appeal, the City Clerk shall schedule the appeal for review by the City Manager to occur within thirty (30) days. 8. The City Manager's review of the appeal shall be limited to determining whether the evidence received at the appeal hearing supports the findings and decision of the hearing officer. The City Manager shall be limited to considering the evidence presented at the appeal hearing. No public hearing shall be required and no new evidence shall be taken by the City Manager. The City Manager's decision on the appeal shall be set forth in a written opinion. The City Clerk shall mail a copy of the City Manager's opinion to the Chief of Police and the appellant along with a proof of service. Any legal action challenging the City Manager's decision shall be filed within ninety (90) days of the date of the proof of service of mailing of the City Manager's opinion, pursuant to Section 1094.5, et seq., of the California Code of Civil Procedure. The City Manager's decision shall be final and effective upon mailing of the opinion. If the appellant prevails following a final decision, the appeal fee shall be returned. 9.10.180 Severability. If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason 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 the ordinance codified in this chapter. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional. 9.10.190 Violation —Penalty. A. Any person who violates any of the provisions of this chapter is guilty of an infraction, except that the fourth and each additional violation of a provision of this chapter within one year, shall be a misdemeanor. Except as otherwise set forth herein, penalties for a violation of this chapter shall be as designated in Title 1 (General Provisions) of this code. B. In addition to any other remedy authorized by this chapter, a violation of this chapter may be grounds for a revocation or denial of an entertainment license. Section 5. Chapter 9.11 (Regulation of Private Security Operators) is hereby added to Title 9 (Public Peace, Morals, and Welfare) of the Temecula Municipal Code to read as follows: "Chapter 9.11 Regulation of Private Security Operators 9.11.010 Purpose and Intent. The City of Temecula recognizes the importance of private security to preserve the public safety, health, and welfare. The purpose of this chapter is to regulate the operation of private security operators and security guards to ensure that adequate background checks, licensing, and identification are provided consistently throughout the community. 16 9.11.020 Definitions. "BSIS" means the California Bureau of Security and Investigation Services, and/or any successor agency that regulates private security services for the State of California. "Private Security Operator" means an independent contractor or employer who has one or more employees, which is licensed by the state to employ "proprietary private security officers" as defined by the California Business and Professions Code section 7574.01, as may be amended from time to time, and/or "private patrol operators" and/or "security guards or security officers" as defined by the California Business and Professions Code section 7582.1, as may be amended from time to time, which furnishes or purports to furnish services for the purpose of affording security and protection of person and property or to perform any other service directly related to the private protection of life and property. "Security Guard" means an individual employee or independent contractor of a private security operator who is licensed by the state to be a "proprietary private security officer" as defined by the California Business and Professions Code section 7574.01, as may be amended from time to time, and/or a "private patrol operator" and/or a "security guard or security officer" as defined by the California Business and Professions Code section 7582.1, as may be amended from time to time. "Unlicensed" means a person or business that does not have a license issued by the BSIS. 9.11.030 Business Requirements. No business shall employ an unlicensed private security operator, an unlicensed security guard, or appoint unlicensed staff to perform any security responsibilities set forth in Chapters 11.4 or 11.5 of the California Business and Professions Code, as the same may be amended from time to time. 9.11.040 Business License Required. All private security operators shall obtain a business license prior to commencing operations. Individuals working for a private security operator and on the security operator's payroll do not require a separate business license. 9.11.050 State License Required. All private security operators and security guards must have a valid and active license issued by the State of California. Private security operators and security guards may only operate in a way that the license permits the operator or guard to operate. 9.11.060 License Identification Required. All private security operators must carry a valid and active license issued by the State of California whenever operating as a private security operator. All security guards must carry a valid and active license issued by the State of California whenever operating as a security guard The licenses issued above shall always be accompanied by a valid government issued identification card (i.e., Driver's License, etc.) which may verify the identity of the private security operator or security guard. The license and identification card must be made available to law enforcement and/or Code Enforcement immediately upon request. 17 9.11.070 Identification of Employer/Contract. All security guards must disclose their employer's information or the business they are contracted with upon request to law enforcement and/or Code Enforcement immediately upon request. 9.11.080 Security Name Tag. All security guards must wear a name tag with the security guard's first name and last initial and the name of the private security operator that employs the security guard. 9.11.090 Uniforms. Security guards must wear a uniform with the word "SECURITY" and the name of the private security operator that is employing the individual or the name of the business that security services are being provided to by the private security operator. 9.11.100 Private Security Operator Vehicles. Private security operators and security guards shall not use any vehicle which is painted in such a manner or in such colors as to cause it to be in imitation of or can be mistaken for an official patrol or traffic vehicle of the Sheriff or of any Police Department of any City within Riverside County, nor shall any such vehicle display any emblem or decal which is an imitation of, or can be mistaken for, any official vehicle emblem or decal of the Sheriff or of any police agency of any City within the County of Riverside. 9.11.110 Private Security Operator Use of Rank and Title A private security operator shall not use, grant, or bestow, or permit any security guard to assume or use any rank or title the same as or similar to any rank or title used by the Sheriff or by any Police Department within the County of Riverside. 9.11.120 Weapons While acting as a security guard, the security guard shall not wear equipment or weapons that are not permitted by state license. 9.11.130 Restricted from Performing Police Duties A private security operator or security guard shall not perform official police or investigation activities but shall immediately report every violation of law and every unusual occurrence to law enforcement. 9.11.140 Obstruction of Law Enforcement or City Staff A private security operator or security guard shall not obstruct law enforcement, code enforcement, or the fire department from performing their duties to protect the public safety, health, and welfare. 9.11.150 Entertainment Venue High Visibility Requirements All businesses with Class III Entertainment license pursuant to Chapter 9.10 that employ private security operators shall require private security operators to wear a high visibility vest or shirt with the word "SECURITY" and the name of the business clearly marked on the front and back of the vest between dusk and dawn. 18 Section 6. Section 9.14.010 (Consumption of alcoholic beverages in public prohibited) and Section 9.14.020 (Possession of open containers of alcoholic beverages in public places prohibited.) of Chapter 9.14 (Consumption and Possession of Alcoholic Beverages Prohibited in Certain Public Places) of Title 9 (Public Peace, Morals, and Welfare) of the Temecula Municipal Code are hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Chapter 9.14 remaining unchanged: "9.14.010 Consumption of alcoholic beverages in public prohibited. The drinking of beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage shall be prohibited at the following locations, unless specifically permitted by the prior written approval of the city: A. On any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the city, county or any public agency; B. In the public parking, loading, access and areas accessible to the public of nonresidential property except within the specific licensed area of the premises of a commercial establishment holding a valid on -sale license or permit from the California Department of Alcoholic Beverage Control; or C. Within any public park, recreational area, or recreation facility owned, controlled and/or operated by the city, county, or any public agency." "9.14.020 Possession of open containers of alcoholic beverages in public places prohibited. No person shall have in his or her possession, with intent to consume any part of the contents thereof, any bottle, can or other receptacle containing beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage, which has been opened, or a seal broken, or the contents of which have been partially removed, at the following locations, unless specifically permitted by the prior written approval of the city: A. On any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the city, county or any public agency; B. In the public parking, loading, access, and areas accessible to the public of nonresidential property except within the specific licensed area of the premises of a commercial establishment holding a valid on -sale license or permit from the California Department of Alcoholic Beverage Control; or C. Within any public park, recreational area, or recreation facility owned, controlled and/or operated by the city, county, or any public agency." Section 7. Table N-1 (Temecula Land Use/Noise Standard) of Section 9.20.040 (General sound level standards.) of Chapter 9.20 (Noise) of Title 9 (Public Peace Morals and Welfare) of the Temecula Municipal Code is hereby amended to add a new row to read as follows: 19 Maximum Noise Level Property Receiving Noise (dBA) Type of Use Land Use Designation Interior Exterior Mixed -Use with a residential SPI or medium or high 45 70 component residential designation Section 8. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.08.030 remaining unchanged: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use INCICCIFITISC IPOIBP ILI A Adult businesses —subject to Chapter 17.09 of the Temecula Municipal Code _ C C C - - Aerobics/dance/gymnastics/jazzercise/martial arts studios eater than 5,000 s . ft. _ P P P C - Aerobics/dance/gymnastics/jazzercise/martial arts studios (less than 5,000 sq. ft.) C P P P C C - Airports - - - - - C C Alcoholism or drug treatment facilities - C C C C - - Alcoholic beverage manufacturing) - - - C - P P Alcoholic beverage manufacturing with Ewe entertainment19 - - - 1 9 C� - 1 9 C� 19 C� Alcoholic beverage sales See Section 17.10.020, Supplemental development standards. Ambulance services - - P P - P P Animal hospital/shelter - P P P - P P Antique restoration - C C C - C P Antique sales P P P P - - - Apparel and accessory shops P P P P - - - Appliance sales and repairs (household and small appliances) P P - P - C C Arcades(pinball and videogames)' - C C C - - - Art supply stores P P P P - - - Auction houses - - C P - C C Auditoriums and conference facilities - C C C C C C Automobile oil change/lube services with no major repairs _ C P P P 20 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Automobile painting and body shop - - - C - - P Automotive parts —sales P P P P - - P Automobile rental - C C P - - P Automobile repair services - C C P - - P Automobile sales (wholesale or auto broker only) with no outdoor/storage of vehicles _ C C P - C C Automobile sales with only indoor display/storage of vehicles _ C C P - C C Automobile sales with outdoor display/storage of vehicles' C - - C Automobile salvage yards/impound yards - - - - - - C Automobile service stations with or without an automated car wash' P P P C C P Automotive service stations selling beer and/or wine —with or without an automated car wash' C' C' C I C' C' C' B Bakery goods distribution - - - P - P P Bakery retail P P P P - - - Bakery wholesale - - - P - - P Banks and financial institutions' P P P P P P P Barber and beauty shops P P P P P P P Bed and breakfast' - C P - - C - Beer and wine market' C C C C - - - Bicycle (sales, rentals, services) P P P P - - P Billiard parlor/pool hall19 - C 99 C 99 C 99 - - Binding of books and similar publications - - - - - P P Blood bank - P P P P P P Blueprint and duplicating and copy services - P P P P P P Bookstores P P P P - - - Bowling alley' - P P P - - - Building material sales (with exterior storage/sales areas greater than 50 percent of total sales area) - - - P - - P Building material sales (with exterior storage/sales areas less than 50 percent of total sales area) - C C P - - P Butcher shop P P P P - - - C Cabinet shop - - - P - - P Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Cabinet shops under 20,000 sq. ft.—no outdoor storage _ _ _ P _ P P Camera shop (sales/minor repairs) P P - P - - - Candy/confectionery sales P P P P - - - Car wash, full service' - C C C - - C Carpet and rug cleaning - - - P - C P Catering services P P - P - P P Clothing sales P P - P - - - Coins, purchase and sales P P - P - - - Cold storage facilities - - - - - - P Communications and microwave installations - - - - - - - Communications equipment sales - C - C - P P Community care facilities P P P P - - - Computer sales and service P P - P P P P Congregate care housing for the elderly '° 4 P P P P P - - Construction equipment sales, service or rental - - - C - - P Contractor's equipment, sales, service or rental - - - C - - P Convenience market' C C C C C - - Costume rentals - P - P - - - Crematoriums - Cutlery - P P P - - - D Data processing equipment and systems C C - P P P P Day care centers C P P C P C - Delicatessen P P P P P P P Discount/department store - P - P - - - Distribution facility - - - C - C P Drug store/pharmacy P P P P P - - Dry cleaners P P P P P P C Dry cleaning plant - C C C - - P E Educational institution C C - C C C - Efficiency unit housing - C - - C - - Emergency shelters C C C C C C C Equipment sales and rentals (no outdoor storage) _ P P P - C P Equipment sales and rentals (outdoor storage) - - - C - - P F Feed and grain sales - - - P - - P 22 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Fire and police stations P P P P P P P Floor covering sales - P P P - - - Florist shop P P P P P - - Food processing - - - - - - P Fortunetelling, or similar activity P P P P P P - Freight terminals - - - - - - P Fuel storage and distribution - - - - - - C Funeral parlors, mortuary - P P P - - C Furniture sales - P - P - - I - Furniture transfer and storage - - - C - P P G Garden supplies and equipment sales and service _ C P P - - C Gas distribution, meter and control station - - - - - C C General merchandise/retail store less than 10,000 sq. ft. C P P P - - Glass and mirrors, retail sales - P P P - - - Governmental offices C P P P P P P Grocery store, retail' - P P P C - - Grocery store, wholesale' - - - P - C P Guns and firearm sales - P - P - - - H Hardware stores P P - P - - - Health and exercise clubs (greater than 5,000 sq. ft.) _ P P P - P - Health and exercise clubs (less than 5,000 sq. ft.) C P P P C P - Health care facility P P P - P P P Health food store P P P P C - - Heliports' - - - - I - C C Hobby supply shop P P P P - - - Home and business maintenance service - - - P - P P Hospitals - C C C C C C Hotels/motels - C P - C C - I Ice cream parlor P P P P P - - Impound yard - - - - I - C Interior decorating service P P P P P EP4- J Junk or salvage yard - - - - - - C 23 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use INCICCIHTISC IPOIBP ILI K Kennels' - IC - IC - IC IC L Laboratories, film, medical, research or testing - _ _ _ _ P P centers Laundromat P P P P - - - Laundry service (commercial) - - - P - - P Libraries, museums and galleries (private) - C C C C C C Liquefied petroleum, sales and distribution - - - - - - C Liquor stores' - - - - - - - Lithographic service - - - P - P P Locksmith I P P P P - - P M Machine shop - - - - - - P Machinery storage yard - - - - - - C Mail order businesses P P - P P P P Manufacturing of products similar to, but not limited to, the following: Custom-made product, processing, assembling, packaging, and fabrication of goods within enclosed building (no outside storage), such as jewelry, furniture, art objects, clothing, labor - - - - - P P intensive manufacturing, assembling, and repair processes which do not involve frequent truck traffic. Compounding of materials, processing, assembling, packaging, treatment or fabrication of materials and products which require frequent truck activity or the transfer of heavy or bulky items. Wholesaling, storage, and warehousing within enclosed building, - - - - - - P freight handling, shipping, truck services and terminals, storage and wholesaling from the premises of unrefined, raw or semirefined products requiring further processing or manufacturing, and outside storage. Uses under 20,000 sq. ft. with no outside _ P P storage Commercial marijuana activity- - - - - - - Marijuana cultivation? - - - - - - - Massage P P P P P P - 24 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Medical equipment sales/rental P P P P P - - Medical marijuana dispensary - - - - - - - Membership clubs, organizations, lodges C C C C C C C Mini -storage or mini -warehouse facilitiesi - C - P - C P Mobile home sales and service - - - P - - P Motion picture studio - - - P - P P Motorcycle sales and services - - - P - - C Movie theaters - C C - - - - Musical and recording studio - C C C - P P N Nurseries (retail) - C C P - - P Nursing homes/convalescent homes C C C C C - - O Office equipment/supplies, sales/services C P P P C P P Offices, administrative, corporate headquarters and professional services including, but not limited to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, finance and insurance P P P P P 5 P° P5° 6 P Paint and wallpaper stores - P P P - - - Parcel delivery services P P P P P P P Parking lots and parking structures - C C C C P P Pawnshop - P P P - - - Personal service shops P P P P P P - Pest control services - C - C - P P Pet grooming/pet shop P P P P - P P Photographic studio P P P P P P - Plumbing supply yard (enclosed or unenclosed) - - - C - - P Postal distribution - - - - - - P Postal services P P P P P P P Printing and publishing (newspapers, periodicals, books, etc.) - C - P C P P Private heliport' - - - - C C C Private heliport for hospital' - C C C C C C Private utility facilities (regulated by the Public Utilities Commission) P P P P P P P Q (Reserved) 25 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use INCICCIHTISC IPOIBP ILI R Radio and broadcasting studios, offices - P P P P P P Radio/television transmitter - - - - - P P Recreational vehicle parks - - C - - - - Recreational vehicle sales and rentals - - C C - - C Recreational vehicle, trailer, and boat storage within an enclosed building C P P Recreational vehicle, trailer and boat storage- exterior yard - - - C - - P Recycling collection facilities - P - - - C P Recycling processing facilities - - - - - C P Religious institution, without a daycare or educational institution P P P C P C C Religious institution, with an educational institution C C C C C C - Religious institution, with a daycare center C C C C C C - Residential (one dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business) C C C C C C C Residential, multiple -family housing - C - - P8 - - Restaurant, drive-in/fast food - C C C - - - Restauf letmge live- C C C - C C ants with or- Restaurant (bona fide public eating establishment) without alcohol: P P P P P_ P P Restaurant (bona fide public eating establishment) with Beer & Wine Sales' P' P' P' PI P' P' P' Restaurant (bona fide public eating establishment) with Beer, Wine & Distilled' C' — C' — C' — C' — C' C' — C' — Spirits Restaurant (bona fide public eating establishment) with Entertainment (not - P'° y P'° y P', y - p1, 9 PI, 9 includingdancing) ancing) Restaurant (bona fide public eating establishment) with Entertainment and/or P1,9 p1,9 p1,9 Dancing 1, 9 26 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Retail support use to a noncommercial business (limited to the sale of products manufactured or assembled on -site and occupying less than 15 percent of the floor area of the business) - - - - - P P Rooming and boarding houses - C - C - - - S Scale, public - P P P P P C Schools, trade or vocational - P P P P P C Scientific research and development offices and laboratories - - - - C P P Senior citizen housing (see also congregate care)'' 4 P P P P P - - Solid waste disposal facility - - - - - - C Specialty market' C P P P C - - Sports and recreational facility C C C C C C C Supportive housing - C - - C - - Swap meet, entirely inside a permanent building' - - - C - C C Swap meet, outdoor - - - - - - - Swimming pool supplies/equipment sales - P - P - - P T Tailor shop P P - - P - - Taxi or limousine service - P P P - - C Tile sales - P - P - - - Tobacco shop C P P P - - - Tool and die casting - - - - - - P Transfer, moving and storage - - - - - C P Transitional housing - C - - C - - Transportation terminals and stations - - C - - C P Truck sales/rentals/service' - - - C - C TV/VCR repair P P P P4:__ - - - U Upholstery shop - - - C - P P V Vending machine sales and service - - - P - - P W Warehousing/distribution - - - - - C P Watch repair P P P - - P - Wedding chapels - P P - - - - 27 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Welding shop - - - - - - P Welding supply and service (enclosed) - - - P - - P Wine tasting shop, with or without product sale for off -site consumption (Department of C P P P - - - Alcoholic Beverage Control Type 02 only) Wine tasting shop, with or without product sale for off -site consumption (Department of C C C C - - - Alcoholic Beverage Control License Types other than Type 02) Y (Reserved) Z (Reserved) Notes: 1. Subject to the supplemental development standards contained in Chapter 17.10 of this code. 2. Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code. 3. See Chapter 5.22 of the Temecula Municipal Code. 4. Senior housing residential projects in the CC, SC, HT and PO zones shall use the residential performance and development standards for the high -density residential zone. Senior housing residential projects in the NC zone shall use the residential performance and development standards for the medium density residential zone and the applicable supplemental development standards in Chapter 17.10. Congregate care facilities shall use the residential performance standards. 5. New office buildings in the BP and LI zones are subject to performance standards contained in Section 17.08.070(E). 6. Supplemental Design Review. Office buildings that are less than 50,000 square feet may be approved, conditionally approved, or denied by the city council. 7. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, Specific Plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. 8. Residential, multiple -family housing shall be allowed in the PO zone only if the affordable housing overlay (AHO) applies to the property and the proposed development complies with all requirements of Chapter 17.21. 9. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private SecuritOperators) Section 9. Subsections 1, 4, and 5 of `B. Alcoholic Beverage Sales" and Subsection "H" of Section 17.10.020 (Supplemental development standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code are hereby amended to read as follows (with deletions appearing in strikethrough text, and additions appearing in underlined text), with all other provisions of Section 17.10.020 remaining unchanged: `B. Alcoholic Beverage Sales. 1. All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the state of California Department of Alcohol Beverage Control. All businesses or establishments shall provide the ABC license, conditions of the license. and the site elan upon reauest of law enforcement or the citv or. uaon the reauest of the applicant after pre -compliance review. 4. Restaufanis are peFmitted to sei=ve beer- and wine as a matter- of right but are stfl�eet sell, > tffiless other -wise r-eg-alated by a etiffent speeifie plan. —Restaurants shall operate under the following_ requirements: 28 a. Restaurants that are open to the public for business and engaged in the ancillary sale of alcoholic beverages, shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, salads, and other attendant dishes. b. A conditional use permit is required for restaurants that plan on offering, selling, elling, or serving beer, wine, and distilled spirits (typically a Type 41 California ABC license), unless otherwise regulated by a current Specific Plan. Restaurants offering beer, wine, and distilled spirits must cease alcohol sales one half hour prior to closing C. Restaurants are permitted to serve beer and wine (typically a Type 42 California ABC license) as a matter of right. d. Restaurants that desire to offer any form of entertainment, must obtain an entertainment license in accordance with Chapter 9.10. e. Managers and staff shall obtain and maintain Responsible Beverage Service certifications (as required by the California Department of Alcoholic Beverage Control). The establishment shall maintain: i. A current listing of all staff members that are certified to sell alcohol; ii. Responsible beverage service certification numbers and expiration dates for all staff members that are certified to sell alcohol; f. If a conditional use permit is required for alcoholic beverage sales, a printed copy of the conditions of approval, including the approved floor plan, shall be stored on the premises in a readily accessible location and shall be made available upon request to the city or law enforcement or, upon the request of the applicant after pre -compliance review. g. All restaurants shall make a copy of the approved ABC license, the associated conditions, and the approved site plan available immediately upon request to city staff or law enforcement or, upon the request of the applicant after pre -compliance review. h. All security guards shall operate in accordance with Chapter 9.11 (Regulation of Private Security Operators)." 5. For establishments with on -sale alcohol beverage sales that are not bona fide eating establishments (i.e., eemedy elub, nightelub, daneed), the "bar area" may ONLY be an ancillary use subject to the approval of a conditional use permit." "H. Entertainment Establishments. . 1. Noise levels shall not exceed the standards set forth in the noise element of the general plan or the standards set forth in Section 9.20.040. 2. Daneing, musie, and similar- en4et4aimnent uses shall be limited to between the houfs of six p.m. and two . Entertainment establishments shall abide by Chapter 9 (Entertainment License). 3. The city may apply additional requirements or limitations depending on the location, surrounding uses and other considerations." Section 10. Table 17.24.040 of Section 17.24.040 (Parking Requirements) of Chapter 17.24 (Off -Street Parking and Loading) of Title 17(Zoning) of the Temecula Municipal Code is hereby amended as follows (with additions shown in underline, and deletions shown in strikethrough text), with all other provisions of Title 17.24.040 remaining unchanged: 29 Table 17.24.040 Parking Spaces Required Description of Use Required Number of Spaces Commercial Uses - Retail and Service Restaurants Dine -in 1 space/100 SF-GFA, with a minimum of 10 spaces in all cases; restaurants with dance areas must also comply with the dancing area standards set forth under "Recreation Uses" Fast food Table 17.24.040 Parking Spaces Required Description of Use Required Number of Spaces Recreation Uses Des Dancing area 1 space/7 gross SF dance floor area Section 11. Section 17.34.010 (Definitions and illustration of terms) of Section of Chapter 17.34 (Definitions of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the definition of "restaurant" and add definitions for "entertainment", "Restaurant (bona fide public eating establishment) without alcohol", "Restaurant (bona fide public eating establishment) with beer and wine sales", "Restaurant (bona fide public eating establishment) with beer, wine and distilled spirits" and revise the definition of "nightclubs, taverns, bars" as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.34.010 remaining unchanged: "Entertainment" means any single event, a series of events, or an ongoingay or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen, or participate in, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons including, but not limited to: 1. Dancing by patron(s) to live or recorded music. 2. The presentation of music played on sound equipment operated by an agent, employee, contractor of the establishment, commonly known as "disc jockey" or "DJ." 3. The presentation of live music whether amplified or non -amplified. 4. The presentation of music videos, music concerts or other similar forms of musical entertainment from any source. 5. Any amusement or event such as live music or other live performance which is knowingly permitted by any entertainment establishment, including �presentations by single or multiple performers, such as hypnotists, pantomimes, comedians, karaoke, song or dance acts, plays, concerts, any type of contest; events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public. 30 Restaurant (bona fide public eating establishment) without alcohol: Means any establishment where the primary business is the preparation, service, and retail sales of meals comprising a varied selection of foods and nonalcoholic beverages prepared, served, and consumed on the premises. Entertainment establishments that allow dancing shall be considered a Class III establishment. Restaurant (bona fide public eating establishment) with Beer and Wine Sales: Means any establishment where the primary business is the preparation, service, and retail sales of meals comprising a varied selection of foods, nonalcoholic beverages, beer, and wine prepared, served, and consumed on the premises. To be classified as a restaurant (bona fide public eating establishment) with beer and wine sales, an establishment shall meet the following_ requirements. 1. Be designed and operated in such a way that the sale of alcoholic beverages is ancillary to the primary restaurant operation; 2. The sale of an.. f�prepared for consumption off the premises shall be occasional only and clearly ancillary and subordinate to the on -premises restaurant operation; 3. On any day the restaurant is open to the public for business and engaged in the ancillary sale of alcoholic beverages, restaurant services shall be available to the public during all hours of operation. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, and other attendant dishes. 4. No entertainment shall be provided without an active and valid entertainment license. 5. No admission charge can be charged, and no required purchase/donation is required (such as a minimum drink order) for entertainment involvingdancing. ancing_ 6. Entertainment establishments that allow dancing shall be considered a Class III establishment pursuant to Section 9.10.020. Restaurant (bona fide public eating establishment) with Beer, Wine and Distilled Spirits: Means any establishment where the primary business is the preparation, service, and retail sales of meals comprising a varied selection of foods, nonalcoholic beverages, beer, wine, and distilled spirits, prepared, served, and consumed on the premises. To be classified as a restaurant (bona fide public eating establishment) with beer, wine, and distilled spirit sales, an establishment shall meet the following requirements. I. Be designed and operated in such a way that the sale of alcoholic beverages is ancillary to the primary restaurant operation; 2. The sale of an.. f�prepared for consumption off the premises shall be occasional only and clearly ancillary and subordinate to the on -premises restaurant operation; 3. On any day the restaurant is open to the public for business and engaged in the ancillary sale of alcoholic beverages, restaurant services shall be available to the public during all hours of operation. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with apnronriate nonalcoholic beverages, desserts, and other attendant dishes. 4. No entertainment shall be provided without an active and valid entertainment license. 5. No admission charge can be charged, and no required purchase/donation is required (such as a minimum drink order) for entertainment involvingdancing. ancing_ 931 6. Entertainment establishments that allow dancing shall be considered a Class III establishment pursuant to Section 9.10.020. "Taverns and bars" means establishments primarily providing preparation and retail sales of alcoholic beverages as licensed by the Alcoholic Beverage Control Department. Taverns, and bars with dancing shall obtain a Class III Entertainment License." Section 12. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 13. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 14. Effective Date. This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , ATTEST: Randi Johl, City Clerk [SEAL] 32 Matt Rahn, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22"d day of March, 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 33 Randi Johl, City Clerk STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and Members of the Planning Commission FROM: Luke Watson, Deputy City Manager DATE OF MEETING: February 2, 2022 PREPARED BY: Eric Jones, Case Planner PROJECT SUMMARY: Long Range Project Number LR21-1017, amending Title 9 and Title 17 of the Temecula Municipal Code to include Entertainment Licenses, further clarify the definitions of restaurants, entertainment, taverns and bars, and provide regulations for private security operators, and establishing noise standards for mixed -use developments with a residential component. CEQA: Categorically Exempt Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3) RECOMMENDATION: Adopt a Resolution recommending that the City Council adopt an ordinance amending Titles 9 and 17 of the Temecula Municipal Code related to entertainment licenses, further clarifying the definition of restaurants, entertainment, taverns and bars, establishing noise standards for mixed -use developments with a residential component, and providing regulations for private security operators and finding that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15061 (13)(3) BACKGROUND SUMMARY Offering entertainment can increase visibility for businesses and help them remain competitive. Businesses seeking to offer entertainment must currently obtain a Conditional Use Permit (CUP) to allow an entertainment use. The CUP process can be considered by some to be too costly and time consuming. This is especially true for small businesses. In addition, a CUP runs with the land and is not tied the owner and/or operator of the business. This essentially allows a CUP to be valid in perpetuity provided an applicant does not pursue any modifications to the original approval. In addition, the CUP revocation process is costly and time consuming for the City. It is important to note that the proposed ordinance does not apply to establishments already in possession of a CUP that currently allow for entertainment. However, the ordinance would apply to all establishments in relation to private security operations. Revocation of a CUP requires a hearing before the California Office of Administrative Hearings (OAH). The OAH has forty-five days to respond to a request for hearing. Also, a permittee can request extensions or file appeals, further lengthening the revocation process. Findings by the OAH must be heard by both the Planning Commission and the City Council for final action. This process makes it difficult for the City to address businesses that are creating nuisance and/or safety issues in a timely manner. The City has received Code Enforcement complaints related to businesses that are operating outside the limits of their approved CUP. These complaints typically involve restaurants and consist of excessive noise, operating later than approved hours, overcrowding by exceeding Building and Fire occupancy standards, and the offering of unpermitted live entertainment. In Old Town, the City has created the Metro Team (a division of the Riverside County Sheriff's Department) to improve safety, encourage compliance with approved CUPs, and other regulations. Members from the City's Code Enforcement, Fire, and Building and Safety divisions accompany the Metro Team to inspect for issues related to building and Fire code requirements. Municipalities have begun to move away from requiring a CUP for entertainment because of their limitations. Instead, many have adopted ordinances requiring the approval of an entertainment license. These licenses differ from a traditional CUP in two distinct ways. First, they do not live with the land and are instead tied to a business or business owner. Second, they require an applicant to file annual renewals. As a result of the numerous complaints from residents and business owners, as well as the extensive resources spent on attempting to ensure compliance with existing entertainment -oriented CUPs as discussed above, the City has developed a citywide Entertainment License Ordinance. A draft of this ordinance was reviewed by Planning Commission and City Council subcommittees (non -committee members also reviewed the Ordinance) as well as community stakeholders at the below dates: • November 17, 2021: Planning Commission Municipal Maintenance Subcommittee • January 3, 2022: City Council Public Safety Ad Hoc Committee • January 6, 2022: Visit Temecula • January 11, 2022: Old Town Temecula Association (OTTA) • January 12, 2022: Temecula Valley Chamber of Commerce Key Ordinance Components The Entertainment License Ordinance will require revisions to both Title 9 and Title 17. Revisions to Title 9 will include many of the requirements needed to administer the ordinance. The ordinance will create three distinct entertainment classes with corresponding hours within Title 9. These hours only correspond to the entertainment aspect of the business. The business is free to continue other operations beyond the stated times. Classes as well their proposed hours are listed below: Entertainment Establishment Types Class I Entertainment Establishment (a businesses without alcohol)" means a business offering ancillary entertainment to patrons. A Class I facility does not serve any alcoholic beverages and does not include any dancing. Class II Entertainment Establishment (a business serving beer, wine, and/or distilled spirits)" means a business with an ABC license that offers beer, wine, and or distilled spirits as an addition to offering ancillary entertainment to patrons. A Class II facility does not include dancing. Class III Entertainment Establishment (Nightclub, Cocktail Lounge, Bar, & Dance Club/Hall, Pool Hall)" means a business with an ABC license that offers any combination of beer, wine, and/or distilled spirits in addition to offering entertainment to patrons. A Class III facility also allows for dancing. Restaurants with dancing shall be classified as a Class III facility. Entertainment Permitted Entertainment Hours of Operation License Type Class I 7:00 a.m. — 9:00 p.m. Dail Class II 7:00 a.m. — 9:00 p.m. Sunday- Thursday; 7:00 a.m. 10:00 p.m. Friday- aturda Class III Entertainment operating hours shall be between 7:00 a.m. — 11:59 p.m. or as required by a Conditional Use Permit that explicitly allows dancing adopted prior to February 2022. The three classes are designed to encourage family friendly entertainment while also allowing for more intense ancillary entertainment uses such as dancing. For the purpose of providing an example of each type, a Class I license would be ideal for a coffee shop offering an acoustical guitar player. In this example, no alcohol is served in conjunction with entertainment. A Class II license could be utilized by restaurant that would like to serve mixed drinks and offer live music. In this example, alcohol is served in conjunction with entertainment, but dancing is not included. Finally, a Class III license is reserved for a business seeking the most intensive forms of entertainment such as a restaurant that offers alcohol and dancing. It is important to note that for Classes II and III licenses, alcohol requests that include distilled spirits will still need to be approved via the traditional CUP process. This process will run independently of the entertainment license and have its own conditions of approval. The proposed ordinance states that Class III licenses must incorporate security guards as part of their operations. This is because of the anticipated intensity of Class III uses. Staff has learned through consultation with the Metro Team that some business employees are serving as security guards without any formal training or licensing. This has led to several incidents in Old Town that have impacted public safety. The proposed ordinance will contain security guard standards. These standards include: • Security personnel must have an active license through the California Bureau of Security and Investigative Services • The security license must be made available upon request by any peace officer, code officer or other official or, if requested by the business, upon pre -compliance review • Business cannot appoint unlicensed staff to the role of security guard • Security personal must wear a highly visible vest or shirt with "Security" and the name of the business Security guard standards will apply to all businesses citywide upon approval of the ordinance regardless of whether they currently possess a CUP or not. Revisions to Title 17 will not be as extensive as those for Title 9. Revisions to this title include additions and clarifications to Section 17.34.010 (Definitions and illustration of terms) designed to increase clarity. Three of these definitions are of particular importance because they will define specific uses. The first definition is for "Restaurant (bona fide public eating establishment) with Beer, Wine and Distilled Spirits." The proposed definition is as follows: "Restaurant (bona fide public eating establishment) with Beer, Wine and Distilled Spirits " Means any establishment at which the primary business is the preparation, service, and retail sales of meals comprising a varied selection of foods, nonalcoholic beverages, beer, wine, and distilled spirits, prepared, served, and consumed on the premises. To be classified as a restaurant (bona fide public eating establishment) with beer, wine, and distilled spirit sales, an establishment shall meet the following requirements. 1. Be designed and operated in such a way that the sale of alcoholic beverages is incidental to the primary restaurant operation; 2. The sale of any food prepared for consumption off the premises shall be occasional only and clearly incidental and subordinate to the on premises restaurant operation; 3. On any day the restaurant is open to the public for business and engaged in the incidental sale of alcoholic beverages, restaurant services shall be available to the public during all hours of operation. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu offoods or not less than five main courses with appropriate nonalcoholic beverages, desserts, and other attendant dishes. 4. No entertainment shall be provided without an active and valid entertainment license. S. No admission charge can be charged, and no required purchase/donation is required (such as a minimum drink order) for entertainment involving dancing. 6. Establishments that incorporate dancing shall be considered a Class III establishment pursuant to Section 9.10.020. There are also definitions added for "Restaurant (bona fide public eating establishment) without alcohol" and "Restaurant (bona fide public eating establishment) with Beer and Wine Sales". These definitions provide that any restaurant that incorporates dancing is a Class III establishment pursuant to Section 9.10.020. The second definition is for "Taverns and bars". The proposed definition is as follows: "Taverns and bars " means establishments primarily providing preparation and retail sales of alcoholic beverages as licensed by the Alcoholic Beverage Control Department. Taverns and bars with dancing shall obtain a Class III Entertainment License. The third definition is for "Entertainment". The proposed definition is as follows: "Entertainment" means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited (by advertisement or word of mouth) or allowed to watch, listen, or participate, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons including, but not limited to: 1. Dancing by patron(s) or staff to live or recorded music. 2. The presentation of music played on sound equipment operated by an agent or contractor of the establishment. This may or may not include a "disc jockey" or `DJ. " 3. The presentation of live music whether amplified or non -amplified. 4. The presentation of music videos, music concerts or other similar forms of musical entertainment from any source. S. Any amusement or event such as live music or other live performance which is knowingly permitted by any entertainment establishment, including presentations by single or multiple performers, such as hypnotists, pantomimes, magicians, comedians, song or dance acts, plays, concerts, any type of contest; events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public. " Additional amendments to Title 17 include the following: • Elimination of uses in Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) including "Nightclubs/dance club/teen club/comedy club", "Restaurants and other eating establishments", "Restaurants with lounge or live entertainment" • Additional requirements for businesses selling alcoholic beverages including presenting a valid ABC license to any official • Requirements for entertainment establishments related to noise and parking. Administration An entertainment license can be approved administratively as opposed to a traditional CUP that must be approved via the public hearing process. The approval will last for one year. Applicants can reapply on a year-to-year basis thereafter on the first business day in February. In addition, an entertainment license can be administratively revoked as a result of one to three violations as described in Section 9.10.160 (Revocations/suspension for violation) of the attached draft 5 ordinance. Revocations last one calendar year from the date the revocation took place after which the business may reapply. It is important to note that the ordinance does not apply to establishments already in possession of a CUP that currently allow for entertainment. These businesses would become subject to the ordinance if a modification to the existing CUP is proposed and approved. The ordinance would apply to all establishments with regard to private security operations. Process Improvements The entertainment license ordinance will produce several improvements for both applicants and City staff. These improvements include: • City staff will have greater flexibility with regard to administering entertainment citywide • Compliant businesses will benefit from streamlined review and approval process • Non -Compliant businesses will have an opportunity to come into compliance quickly since the City can follow-up in a timely manner. • Clear standards for entertainment and security guards will be implemented • Quality of life improvements for adjacent property owners, residents, and businesses LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press -Enterprise on January 20, 2022. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3), the proposed project has been deemed to be categorically exempt from further environmental review. It can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Municipal Code amendments provide standards for how entertainment uses are to operate and establish standards for private security operators. These regulations do not increase the intensity or density of any land use above what is currently allowed. Moreover, the noise standards for mixed -use developments established by the proposed Ordinance, are consistent with the standards set forth in the General Plan for mixed -use developments. STAFF RECOMMENDATION Staff is recommending that the Planning Commission adopt a Resolution recommending that the City Council adopt an ordinance amending Title 9 and Title 17 of the Temecula Municipal Code. ATTACHMENTS: 1. Draft Planning Commission Resolution 2. Exhibit A — Draft City Council Ordinance 3. Notice of Public Hearing RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ENTERTAINMENT LICENSE FEE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds determines and declares that: A. On March 22, 2022, the City Council introduced Ordinance No. 2022-XX amending provisions of the Temecula Municipal Code to establish licensing requirement for entertainment venues in the City. B. The City Council has the authority to establish fees for the review and processing of Entertainment License applications. C. Based upon its review of the information and analysis of City Staff, this Resolution establishes a reasonable fee for staff to conduct Entertainment License application reviews that does not exceed the actual costs to the City of processing these applications. Section 3. The City Council herby approves the following fee schedule for Entertainment Licenses: Entertainment License Class Fee Class I $100 Class II $250 Class III $500 Section 4. This Resolution shall be effective on the effective date of Ordinance No. 2022-XX. Section 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 22nd day of March, 2022. Matt Rahn, 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. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22"d day of March, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Notice of Public Hearing THE CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No.: LR21-1017 Municipal Code Update Applicant: City of Temecula Location: Citywide Proposal: Adopt an Ordinance amending Title 9 and Title 17 of the Temecula Municipal Code to include Entertainment Licenses, further clarify the definitions of restaurants, entertainment, taverns, and bars, and provide regulations for private security operators, and establishing noise standards for mixed -use developments with a residential component. Environmental Action: In accordance with the California Environmental Quality Act Title 14, Chapter 3 California Code of Regulations (CEQA Guidelines), Section 15061 (b) (3), the proposed project has been deemed to be categorically exempt from further environmental review. It can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Municipal Code amendments provide standards for how entertainment uses are to operate and establishes standards for private security operators. These regulations do not increase the intensity or density of any land use above what is currently allowed. Moreover, the noise standards or mixed -use developments established by the proposed Ordinance, are consistent with the standards for mixed -use developments established by the proposed Ordinance, are consistent with the standards set forth in the General plan for mixed use developments. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: March 22, 2022 TIME OF HEARING: 7:00 PM Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the public information counter, Temecula Civic Center, Community Development Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Eric Jones, City of Temecula Community Development Department, (951) 694-6400 Item No. 20 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: March 22, 2022 SUBJECT: Introduce Ordinance Amending Section 2.04.020 of the Temecula Municipal Code Relating to the Time of City Council Meetings PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.04.020 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE TIME AND PLACE OF MEETINGS BACKGROUND: Over the last few years, the agenda of the City Council reviewed and acted upon at its regular meetings has grown structurally. With the addition of board and commission reports, public safety reports, items to be discussed at future agendas, and more, the length of the agenda and meetings has grown significantly. The opportunity for residents to view and listen to the meetings has also kept pace as the meetings are now accessible via livestream on multiple devices in addition to the traditional Channel 3 accessibility. As such it is recommended that the City Council change the start time of the regular meetings to six p.m. from seven p.m. and amend the municipal code to reflect the same. As a technical housekeeping measure, this municipal code section will also reflect the current City Hall address of 41000 Main Street. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO.2022- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.04.020 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE TIME AND PLACE OF MEETINGS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2.04.020 of the Temecula Municipal Code is hereby amended to read as follows: "2.04.020 Time and place of meetings. A. Regular meetings for the city council shall be held on the second and fourth Tuesday of each month. Regular meetings shall commence at six p.m. for open sessions and adjourn at eleven p.m., subject to motion, unanimously adopted by the members present, to extend the meeting. The city clerk shall, with the assistance of the city attorney, determine the commencement time of closed sessions on the basis of the matters to be discussed therein. Regular meetings shall be conducted at City Hall, 41000 Main Street, Temecula." 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 day of , Matt Rahn, 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. 2022- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22"d day of March, 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 21 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: March 22, 2022 SUBJECT: Receive and File Temecula Safe - Massage Enforcement Update (Long Range Project No. LR22-0174) PREPARED BY: Brandon Rabidou, Senior Management Analyst RECOMMENDATION: That the City Council receive and file the update on massage enforcement. BACKGROUND: The Temecula City Council continues to place public safety as its highest priority as desired by residents in the City's Quality of Life Master Plan (QLMP). In the spirit of safety, this theme for Temecula is Temecula Safe. One way that the City ensures public safety is by receiving periodic updates from different City Departments and partners agencies on the performance of programs/initiatives. A recent public safety initiative was the City's 2019 Massage Ordinance update. This comprehensive re -write of the City's Massage Ordinance has incorporated substantial changes to ensure that massage establishments are operating in a safe and compliant manner. Along with updated regulations, the revised Massage Ordinance incorporated administrative changes to reduce permitting confusion and the number of visits that a business owner may need to make for Massage Establishment Permits. City Staff, as well as our partners from the Riverside County Sheriff s Office will be presenting an overview of the Massage Ordinance, impacts of the ordinance, and next steps to ensure that massage establishments remain Temecula Safe. FISCAL IMPACT: None ATTACHMENTS: None Item No. 22 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: March 22, 2022 SUBJECT: Consider Term Limits for City Council Members (At the Request of Subcommittee Members Alexander and Edwards) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council consider term limits for City Council Members and provide general direction regarding the same. BACKGROUND: At the January 18, 2022 meeting, the City Council unanimously approved the placement of the subject of term limits on a future agenda at the request of Council Member Alexander. At the February 8, 2022 meeting, the City Council discussed the matter generally and created a subcommittee consisting of Council Member Alexander and Council Member Edwards to review the subject matter further and make related recommendations to the full Council. The subcommittee met on March 8, 2022. While the subcommittee was unable to reach consensus, it had a thorough and thoughtful discussion on the matter and discussed the pros and cons of term limits, the number of terms, and options for breaks or lifetime terms. As the subcommittee was unable to reach consensus on these items, it recommended that the City Council discuss the matter and provide general direction on the following items: (1) Does the City Council wish to place term limits for elected officials on the local ballot? (2) If yes, what number of terms would be the limit? Would the limit be lifetime? Depending upon the direction of the City Council, staff will either return with a proposed ordinance for placement on the ballot, table the matter until such time that a future City Council wishes to discuss the item further, or follow other direction provided by the Council as needed. FISCAL IMPACT: None ATTACHMENTS: February 8, 2022 Staff Report CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: February 8, 2022 SUBJECT: Consider Term Limits for City Council Members (At the Request of Council Member Jessica Alexander) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council consider term limits for City Council Members and provide general direction regarding the same. BACKGROUND: At the January 18, 2022 meeting, the City Council unanimously approved the placement of the subject of term limits on a future agenda at the request of Council Member Alexander. California Government Code Government Code Section 36502 (b) specifically states that "Notwithstanding any other provision of law, the city council of a general law or charter city may adopt, or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve. Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. " State Term Limits In 1990, voters in California imposed term limits on the state legislature. Senators could not serve more than two four-year terms (total of eight years) and assembly members could not serve more than three two-year terms (total of six years). In 2012, voters modified these limits to allow legislators to serve a total of 12 years in either chamber. Other State offices are limited to two four-year terms (i.e., Governor, Lieutenant Governor, Secretary of State, Attorney General). https://ballolpedia.org/califomia State_ Legislature County Term Limits With respect to term limits for board of supervisors in California, 7 of the 58 counties (12%) limit the terms of county supervisors. In Los Angeles, Santa Clara, and San Mateo counties, supervisors are limited to three four-year terms. In El Dorado, Orange, San Francisco, and San Joaquin counties, supervisors are limited to two four-year terms. hgps://ballotpedia.or /g Term_limits_in California City Term Limits Aggregated data on term limits for cities in the State of California and/or County of Riverside is not readily available. As such, staff aggregated current data on Riverside County cities from scratch polling the cities via email and/or telephone to verify the information. The information was also cross-checked with each cities' municipal code to ensure accuracy. It is important to note that the information included references only those cities that have term limits for their City Council members collectively (i.e., does not include cities with term limits for boards and commissions and/or for directly elected mayor only). The preliminary information regarding term limits for council members for Riverside County cities is as follows: CITY: TERM LIMITS? DETAILS: MUNICIPAL CODE SECTION: Banning N Beaumont N Blythe N Calimesa N Canyon Lake N Cathedral City N Coachella N Corona Y 3 Term Limit Lifetime 2.08.180 Desert Hot Springs N Eastvale N Hemet Y 3 Term Limit Lifetime Article II, Sec 2-37 Indian Wells Y 2 Term Limit (Lifetime) 2.08.045 Indio N Juru a Valley N Lake Elsinore N La Quinta N Menifee Y 2 Successive Term Limit 2 Year Break 2.04.080 Moreno Valley Y 3 Successive Term Limit 2 Year Break 2.04.025 Murrieta Y 2 Consecutive Term Limit 4 Year Break 1.20.020 Norco N Palm Desert N Palm Springs N Perris Y 3 Term Limit Lifetime 2.05.010 Rancho Mirage N Riverside N San Jacinto N Temecula N Wildomar N ADDITIONAL DETAILS Corona: "Pursuant to Government Code § 36502(b), term limits are imposed upon persons serving on the City Council as follows: (A) As further provided in section (B) below, no person shall be eligible for nomination and/or election to more than three (3) terms of office as a City Council Member, whether by election or appointment and whether served consecutively or not. (B) As used herein, a term of office shall include any term as City Council Member which commences on or after November 3, 2020, whether by election or appointment, and which lasts for two (2) years and one (1) day or more. Notwithstanding the foregoing, any person who resigns their office as a City Council Member shall be deemed to have served a full term of office regardless of when during their term of office their resignation becomes effective." Hemet: "During their lifetime no person shall serve, whether by means of election or appointment, more than three terms of office as a city councilmember, as the treasurer, or as any other elected city official. This term limit shall be applied separately to each different type of elected office held." Indian Wells: "No person shall be eligible for nomination and/or election to the office of Member of the City Council for more than two (2) four (4) year terms during his or her lifetime, including, without limitation, terms to which the person was nominated and appointed to office by the City Council in lieu of a General Municipal Election pursuant to California Elections Code Section 10229." Menifee: "Any person who has served two successive terms or eight consecutive years as a councilmember shall be ineligible to serve again in that office until an intervening period of two years has elapsed." Moreno Valley: "Any person who shall have served three successive terms as a member of the city council shall be ineligible to serve again in the office until an intervening period of two years has elapsed." Murrieta: "In order to broaden the opportunities for public service and to assure that elected officials of government are responsive to the citizens of the government, no elected official of the City of Murrieta or any other political subdivision of the City of Murrieta shall serve more than two (2) consecutive terms in office." Perris: "No person shall be elected or appointed to more than three terms as an elected official in the City of Perris. For the purposes of calculating the number of terms in the limitation on terms of office, the terms served by a person elected or appointed to one elected office in the City of Perris shall not be aggregated with terms served by that person in another elected office in the City of Perris. For example, a single person may serve three terms as mayor, three terms as a city council member, and three terms as city clerk." SUMMARY As of January 31, 2022, 7 out of 28 cities (25%) in Riverside County have adopted some form of term limits for City Council members collectively. The method by which the term limits came to be in each city varies and could include measures initiated by both residents and council members. It is therefore recommended that the City Council consider the matter of term limits and, if desired, provide staff general direction regarding the same. FISCAL IMPACT: None ATTACHMENTS: None Item No. 23 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: March 22, 2022 SUBJECT: Community Development Department Monthly Report RECOMMENDATION: That the City Council receive and file the Community Development Department monthly report. The following are the highlights for Community Development for the month of February 2022. CURRENT PLANNING ACTIVITIES Planning processed 31 new applications (not including Home Occupations) and conducted three (3) Public Hearings in February 2022. A detailed account of planning activities is attached to this report. PlanType February 2D22 Long Range Project 7 Accessory Dwelling Unit 2 Extension of Time 2 Home Occupation 18 Massage Perrnits 2 Modifications 6 Pre -Application 3 Temporary Use Permit 4 Zoning or Planning Letter 5 Total 49 Everhome Suites (PA21-1350): The City is processing a Development Plan for an approximately 64,500 square foot, four-story, 117 room Everhome Suites Hotel located on the west side of Madison Ave. between Buecking Dr. and McCabe Ct. (COOPER) Temecula Village Phase II (PAs 20-0323, 20-0324, 20-0325, 20-0326): The City is processing a Development Plan for a 134 unit multi -family community built on 7.61 acres; a Tentative Tract Map (TTM 38043) to combine eight (8) existing contiguous parcels into a single parcel; a General Plan Amendment to amend the underlying General Plan Land Use designation of the project site from Professional Office (PO) to Medium Density Residential (M); a Planned Development Overlay Amendment for PDO-5, (Temecula Village). The City is working with a consultant to prepare a fiscal impact analysis and with an environmental consultant to prepare and environmental document. The project is located on the south side of Rancho California Road, approximately 150 feet west of Cosmic Drive. (COOPER) Paseo Del Sol Tentative Tract Map No. 36483 (PA14-0087): The City is processing a Tentative Tract Map (No. 36483) for 168 single-family homes and 11 open space lots located at the northwest corner of Temecula Parkway and Butterfield Stage Road. (COOPER) Solana Winchester (PA20-1371): The City is processing a Development Plan to allow for the construction of a 350-unit apartment community located within the Residential Overlay Area of Planning Area 12 of the Harveston Specific Plan at the terminus of Date Street approximately 900 feet south of Ynez Road. The City is working with a consultant to prepare a fiscal impact analysis. (COOPER) Sanborn/Jefferson Gas Station (PAs 21-0075, 21-0076): The City is processing a Development Plan and Conditional Use Permit for an approximately 10,000 square foot gas station consisting of 12 fueling pumps, convenience store, quick service restaurant, and multi -tenant retail building located at 41480 Sanborn Avenue. (COOPER) Winchester Hills Development Agreement Amendment (PA21-0128): The City is processing a Second Amendment to the Development Agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company to rescind the First Amendment to the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan. (COOPER) Firenze (PA21-1023): The City is processing a Development Plan application for an approximately 498,557 square foot hotel and apartment project. The approximately 148,545 square foot, five story, 224 room hotel includes a conference center, restaurant, wine market multi -tenant space, and outdoor courtyard dining space. The approximately 350,012 square foot, seven story, 121 unit apartment building include a roof top area that contains a pool/spa, cabanas, fire pit, media wall, kitchen, fitness area, and lawn/game area. The parking for the project is located on the interior of the apartment building that is wrapped with the residential units. The project is located approximately 665 feet north of Rancho California Road on the east side of Jefferson Avenue. (COOPER) Prado (PAs 21-0838, 21-0839): The City is processing Development Plan and Tentative Tract Map applications for a 237 unit single family residential community built on 27.5 acres consisting of detached rental condominiums. The project includes a clubhouse, pool, bocce ball court, cornhole court, tot lot walking paths, and fitness center. The project is located at the terminus of Equity Drive on the west side of Ynez Road. (COOPER) MS Mountain View Ph. IV (PAs 21-1470, 21-1471, 21-1472): The City is processing three (3) Development Plan applications for industrial buildings of 9,867 square feet, 19,727 square feet, and 38,714 square feet located along Avenida Alvarado. The projects are scheduled for Planning Commission on March 16, 2022. (COOPER) Jefferson/Buecking Apartments (PA21-1454): The City is processing a Development Plan application for a 260 unit apartment community located on the north and south side of Buecking Drive at the Jefferson Avenue intersection. (COOPER) Temecula Valley Hospital Master Plan Update (PA21-1525): The City is processing a Modification to the previously approved Temecula Valley Hospital Master Plan. The updated Master Plan, at buildout will include the existing 237,305 square foot hospital building and 5,180 square foot storage building along with an approximately 130,000 square foot, four story Behavioral Health Building in Phase 2, an approximately 10,000 square foot expansion to the emergency department, a 125,000 square foot, five story second hospital tower, a 80,000 square foot medical office buildings, and a 14,000 square foot utility plant in Phase 3, and an approximately 125,000 square foot, five story third hospital tower, a 80,000 square three story foot medical office building, and a four story parking structure with the existing helipad relocated to the roof of the structure in Phase 4. The project is located at 31700 Temecula Parkway. A public scoping meeting for the Subsequent Environmental Impact Report is scheduled for March 23, 2022 at the Ronald H. Roberts Library. (COOPER) Temecula Resort and Spa (PAs 22-0035, 22-0037): The City is processing a Development Plan and Tentative Parcel Map for an approximately 474,137 square foot, seven (7) story, 90-foot high full service hotel that includes a parking garage, conference facilities/ballrooms, gallery/event space, full service spa, restaurants, bars/lounges, retail outlets, workout facility, outdoor pool area, and a wedding garden located on the east side of Front Street between 1 st Street and 2nd Street. (COOPER) LONG RANGE PLANNING General Plan Update The Long Range Planning Division has developed a four -phase, multi -year process to update the General Plan. Phase I is complete and included updates to Housing and Public Safety Elements. Phase I also included an update to the City's Traffic Impact Analysis (TIA) Guidelines to analyze Vehicle Miles Travelled (VMT) for CEQA. Phase II is in process and includes an update to the Quality of Life Master Plan (QLMP), reconciling the City's GIS Maps on a parcel by parcel basis, a baseline EIR analysis of the City's Circulation Element, and developing a Complete Streets Policy document. Phase III will include a Fiscal Land Use Study to analyze the City's remaining development capacity and market absorption potential for residential, commercial, and industrial development. The final phase is to work with a General Plan Advisory Committee to update to the General Plan and EIR over an 18-month timeframe. (PETERS) Quality of Life Master Plan Update On April 27, 2021, the City Council established a Blue Ribbon Committee (BRC) to update the Quality of Life Master Plan (QLMP). The QLMP identifies the City's six core values, including: 1) Healthy and Livable City; 2) Economic Prosperity; 3) Safe and Prepared Community; 4) Sustainable City; 5) Transportation Mobility and Connectivity; and 6) Accountable and Responsive City Government. Projects and programs proposed in the City's Annual Operating Budget and Capital Improvements Program must be consistent with the City's Core Values. Performance measures (indicators) are measured annually to track progress and the completion of goals and objectives. (PETERS) Expanded Outdoor Dining and Retail in Old Town: Staff brought this item before City Council on June 8, 2021 for further discussion. The City Council directed staff to extend the temporary program for one year and develop a permanent outdoor dining program. (PETERS, WATSON) Permit Ready ADU Program (LR19-1464): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare, adopt, and implement a Permit Ready Accessory Dwelling Unit (ADU) program. The ADU program will encourage the construction of ADUs, offering property owners a selection of pre -approved ADU building plans that can be obtained at the Community Development Department, free of charge. On September 16, 2020, the RFP closed on PlanetBids. The City received three detailed proposals from qualified consultants. After detailed review of all the proposals, staff selected checkerboardSTUDIOS Consultant Firm. On March 18, 2021, staff kicked off the project with the Consultant and staff from Planning, Building, Public Works, and Fire. This will be a joined effort between the internal departments and the consultant. Staff is working with the consultant on the first task (Phase 1: Schematic Design), staff has provided feedback of the Schematic Design taking into consideration the School District and Development Impact Fee (DIF) fees, and appropriate unit type and size. On, October 19, 2021, staff presented at the draft site plan and architecture designs to the Southern Riverside County Association of Realtors (SRCAR). On November 30, 2021, staff held an Open House to solicit feedback from the professional community (i.e., Engineers, Contractors, Architects, etc.), the meeting will be open to the public. The next step is for the Consultant to complete the construction drawings to make available for the public. (RABIDOU) Transportation Discovery and Existing Conditions Analysis (LR20-1071): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare an internal document for staff to identify potential transportation focused areas as part of Phase 2 of our General Plan Update process and timeline. The City has hired Fehr & Peers (F&P) to document existing transportation conditions in the City, provide benchmarking information on how transportation facilities, transportation use and policies compares to other peer agencies (through benchmarking) and will evaluate how much of the current Circulation Element has been implemented. Staff worked with F&P to identify methodology, thresholds, and mitigation to address VMT for CEQA evaluation, which the City Council adopted in May 2020. On July 19, 2021, Staff has a scheduled internal meeting with Fehr & Peers, they present to staff the Data Collection Status. Currently, the consultant is developing the three scenario runs to be reviewed by staff prior to conducting a full model run. (PETERS) Mobile Food Trucks (LR20-1472): On February 23, 2021, staff presented to the Economic Development Subcommittee members (ME/JS) on Mobile Food Trucks (MFT). This was a noticed meeting with one public comment in favor of MFT, read by Stuart Fisk. The intent of the meeting was to get the subcommittee's feedback on the potential for MFT to operate in the City. Staff presented the definition of MFTs, existing regulations, standards of operation to consider, and Pros & Cons list. The subcommittee advised staff to create a framework and come back to the committee for discussion. Staff is working on developing the framework. (COLLINS) Waves to Wineries: Staff is working with the National Parks Service on the Waves to Wineries Trail Plan. The purpose of this plan is to unite Temecula Wine Country with the Pacific Coast by identifying a network of trails along the Santa Margarita River corridor. (PETERS) Live Entertainment: Staff is working on an updated live entertainment ordinance. This is a continuation of quality -of -life improvement ordinances. Outreach to Visit Temecula, the Old Town Temecula Association (OTTA) and the Temecula Chamber of Commerce occurred in January 2022. The Planning Commission will consider the item in February 2022. City Council consideration is expected in the first half of 2022. (JONES) HOUSING Las Haciendas Affordable Housing Project: The City is processing a Development Plan for a 77-unit affordable multi -family housing community consisting of two residential buildings, a community building and tuck -under parking located at 28715 Las Haciendas. The City Council approved a Loan Agreement with Community Housing Works (CHW) for the use of affordable housing tax allocation bond proceeds on May 26, 2020. The developer held a virtual community workshop on July 28, 2020. The item was approved by the Planning Commission on October 7, 2020. An amendment to the Loan Agreement was approved at the April 27, 2021 City Council meeting. A tax allocation application was forwarded to the state in March, 2021. The applicant has submitted Building Permits and Grading Permits. CHW was awarded tax credits in June, 2021. The project is ready to issue Building Permits as of January 1, 2022. (RABIDOU, WATSON) Vine Creek Disposition and Development Agreement (DDA): City Council approved the DDA with Temecula Pacific Associates on June 25, 2019 for the development of 60 affordable units on City -owned property on Pujol Street. The developer is looking to secure financing from the State of California prior to construction. The City and developer will collaborate with the County of Riverside and the State Department of Housing and Community Development for additional funding opportunities through the Permanent Local Housing Allocation grant. A tax allocation application was forwarded to the state in March, 2021. (WATSON) Housing Element Update (LR18-1620): The City is working with De Novo Planning Group to update the 2021-29 Housing Element. De Novo will also assist with the RHNA process, community engagement, and CEQA. The current Housing Element was certified by the Department of Housing and Community Development (HCD) in 2013 and serves as the foundation for the update. The Housing Element is a required part of the City's General Plan and is a blueprint for meeting the housing needs of residents, at all economic levels, and addressing segments of the population with special needs. The City Council General Plan Ad Hoc Subcommittee, consisting of Council Member Edwards and Mayor Rahn, and the Planning Commission General Plan Ad Hoc Subcommittee, consisting of Commissioners Watts and Turley-Trejo, will serve as advisory bodies. Running concurrently with the Housing Element Update is the Regional Housing Needs Assessment (RHNA). The RHNA planning cycle is an eight -year cycle and covers October 2021 through October 2029. The Final RHNA allocation was issued in September 2020. Staff is working with the consultant to update data and write draft chapters. A Housing Workshop was held on August 17, 2021, with approximately 12 attendees. The item was recommended for adoption by the Planning Commission at the September 15, 2021, Planning Commission meeting. The Riverside County Airport Land Use Commission (ALUC) and California Board of Forestry and Fire Protection have signed -off on the Housing Element. The item was approved by the City Council on October 12, 2021. The City Council adopted the revised Housing Element on February 8, 2022. Staff is waiting for comments from HCD. (RABIDOU, PETERS) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Mortgage and Rental Assistance Program (MRAP): This program will provide rental and mortgage assistance to those eligible recipients who were negatively impacted by COVID-19. Checks are being issued for eligible recipients. Over $70,000 in funds have been distributed. (RABIDOU, WATSON) Five Year Consolidated Plan: The City is kicking -off an update to the CDBG Consolidated Plan. Workshops were held on October 27, 2021. Citizens and other stakeholders attended the meeting and provided feedback. The survey period concluded in late January 2022. Additional information will be available at TemeculaCA.gov/CDBG. (RABIDOU, WATSON) BUILDING & SAFETY Building and Safety statistics for February 2022 are highlighted in the following table. Building & Safety Statistics I February 2022 1 Permits 335 New Single Family Units 17 New Commercial Building 1 Photovoltaic 80 Tenant Improvements 12 Non Construction C of 0 29 Number of Active Plan Checks 1008 Number of New Plan ChecksF2626 163 Number of Finaled Permits268 Inspections Inspections Per Day 1.38.21. Inspections Per Perna .55 Stops Per Month 9W M! Visitors to Counter 953 New Construction Projects Currently in Plan Check • Truax Hotel (161,586 SF) • Parking Structure on 3rd Street (48,907 SF) • Town Square Market Place (two buildings at 43,640 SF each) • Generations at Linfield - memory care/assisted living (59 apartments and 32 condos) • Hotel (38,202 SF) on Jefferson and Winchester • Temecula Hyundai Service Building (5,753 SF) • New Industrial Building (32,792 SF) • New Margarita Recreation Center (8,161 SF) Non -Construction Certificate of Occupancy • Pacific Lending, 41689 Enterprise Cir North (4390 SF) • Maaco Auto Body & Paint, 27561 Commerce Center Dr. (10,000 SF) Tenant Improvement • Sketchers, 26415 Ynez Rd, (10,723 SF) • Hendo's Brewing & Spirits, 27901 Jefferson Ave (9,228 SF) CODE ENFORCEMENT During the month February, Code Enforcement responded to 622 web inquiries. In addition, the division opened 92 code cases, conducted 123 regular inspections and 245weed abatement inspections, and forwarded 12 referrals. Type of Code Case February Abandoned or Inoperable Vehicle 1 Vacant Home / Prop. Maintenance {Infestation/ Mold 0 Business or Home Occupation w/o license/CUP 6 Trash and Debris / Dumping 22 Overgrown Vegetation / Weeds / Fire Hazard 2 Green Pool / Vector Control / Stagnant Water Graffiti 14 Noise/Nuisance/Animal Control Trailer / RV Stared/Boat/Parking 5 Construction w/o Permit/Building Code Encroach Public ROW / Trash Cans a Zoning/Signs Public Safety & Health 0 Total Number of Cases 76 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties. Foreclosure Tracking February 2022 Residential - Default 6 Residential - Foreclosu 0 Residential - REO 0 Total - Residential 6 Commercial - Default 0 Commercial - Foreclosure 0 Commercial - RED 0 Total - Commercial 0 ATTACHMENT: Current Planning Activity Report PLANNING ACTIVITY REPORT Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA22-0149 41875 Yorba Ave 922-180-007 Jaime Cardenas 02/01/2022 Patrick Dibble Patrick Dibble PL Accessory Plan Review Temecula, CA 92592 Dwelling Unit Case Title / Description: Dibble ADU: an Accessory Dwelling Unit application to convert an existing guest house into an ADU and to add 550 square feet of the existing structure located at 41875 Yorba Avenue. PA22-0166 28225 Heirloom Dr 916-400-035 Scott Cooper 02/04/2022 02/04/2022 Efrem Joelson Meritage Homes PL Modifications Approved Temecula, CA 92591 of California, Inc. Case Title / Description: Heirloom Farms Garage & Wall MOD: A Modification (Planning Review Only) to a previously approved Development Plan (PA18-0661) to reduce the minimum patio wall height from T-6" to T-0" and change the brand of garage doors for the Heirloom Farms project located on the southwest corner of Date Street and Ynez Road. PA22-0172 27390 Jefferson Ave 910-282-002 Scott Cooper 02/07/2022 Firas Jamal AYANNA PL Extension of Plan Review Temecula, CA 92590 Time Case Title / Description: Jefferson/Winchester Hotel EOT (DP): The first Extension of Time application for a previously approved Development Plan (PA17-1315) for an approximately 38,203 square foot, three-story , 61 room hotel over enclosed podium parking located behind the existing Rancho Car Wash on the corner of Jefferson Avenue and Winchester Road at APN 910-282-002 PA22-0173 30520 Rancho California Rd 921-700-011 Jaime Cardenas 02/07/2022 Sylvia Sylvia PK I PALOMAR PL Massage Plan Review Temecula, CA 92591 Salazar-Renfroe Salazar-Renfroe VILLAGE Permits Case Title / Description: Sylvia Salazar-Renfroe MEP:a Massage Establishment Permit renewal for Sylvia Salazar-Renfroe subletting a room within Above & Beyond Beauty located at 30520 Rancho California Road, Unit 108. PA22-0179 26201 Ynez Rd 910-281-001 Jaime Cardenas 02/07/2022 Keven Lunsford PL Zoning or Plan Review Temecula, CA 92591 Planning Letter Case Title / Description: 26201 Ynez Road ZL: a zoning verification letter for the property located at 26201 Ynez Road (APN 910-281-001). PA22-0180 42259 Rio Nedo 909-253-017 Jaime Cardenas 02/07/2022 02/25/2022 Keven Lunsford PL Zoning or Completed Temecula, CA 92590 Planning Letter Case Title / Description: 42259 Rio Nedo ZL: a zoning verification letter for a property located at 42259 Rio Nedo (APN 909-253-017). Page 1 of 4 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA22-0191 31781 Temecula Pky 961-080-021 Jaime Cardenas 02/08/2022 Andrew Younger New Plan Excel PL Modifications Plan Review Temecula, CA 92592 Realty Trust Inc. Case Title / Description: Steinmart Facade MOD: a modification application to demise into two for future tenants. Exterior work includes new entryways, fenestration and the incorporation of new architectural elements of the former Steinmart located at 31781 Temecula Parkway. PA22-0194 32475 Temecula Pky 960-020-059 Jaime Cardenas 02/09/2022 David Nichols SWANGER PL Temporary Plan Review Temecula, CA 92592 FAMILY Use Permit Case Title / Description: Killarney's St. Patrick's Day Festival: A Temporary Use Permit to allow for a St. Patrick's Day event at an existing restaurant on March 17, 2022 from 11:00 AM to 12:00 AM (live music ending at 10:00 PM). The project is located at 32475 Temecula Parkway. PA22-0197 28225 Heirloom Dr 916-400-035 Scott Cooper 02/10/2022 Nick Harris Meritage Homes PL Temporary Plan Review Temecula, CA 92591 of California, Inc. Use Permit Case Title / Description: Heirloom Farm Sales Trailer TUP: A Temporary Use Permit for a Temporary Sales Trailer located onsite for Heirloom Farms until the sales office is opened. PA22-0199 44280 Campanula Way 959-090-011 Jaime Cardenas 02/14/2022 Heather Dawson Thomas Jurbala PL Zoning or Plan Review Temecula, CA 92592 Planning Letter Case Title / Description: Temecula Healthcare Center ZL: a zoning verification letter for the medical office building located at 44280 Campanula Way. PA22-0200 916-400-043 Scott Cooper 02/14/2022 Michael Grant Lantern Crest @ PL Extension of Plan Review CA Temecula Time Case Title / Description: Lantern Crest EOT (MOD): The first Extension of Time application for a previously approved Development Plan (PA17-0328) and Modification (PA19-1452) for an approximately 526,762 square foot, four-story, 494 unit, independent and assisted living community located at the southeast corner of Date Street and Ynez Road PA22-0214 28225 Heirloom Dr 916-400-035 Scott Cooper 02/18/2022 Nick Harris Meritage Homes PL Modifications Plan Review Temecula, CA 92591 of California, Inc. Case Title / Description: Heirloom Farms MHC MOD: A Modification (Planning Review Only) to revise the elevation types on Buildings 30 & 118 of the Model Home Complex for Heirloom Farms PA22-0221 30168 Pechanga Dr 922-331-029 Jaime Cardenas 02/23/2022 Mario Cuin Temecula, CA 92592 Case Title / Description: Cuin Kitchen Expansion MOD: a Modification Application for a proposed 114 square -foot kitchen expansion at the rear of the existing single-family home located at 30168 Pechanga Drive. PL Modifications Plan Review Page 2 of 4 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA22-0222 28715 Las Haciendas St 921-050-016 02/23/2022 Damion Croston PL Temporary Plan Review Temecula, CA 92590 Use Permit Case Title / Description: Las Haciendas Construction Trailer TUP: A Temporary Use Permit for a temporary construction trailer located at the Las Haciendas project located at 28715 Las Haciendas Street PA22-0224 43567 Ventana St 944-330-007 Scott Cooper 02/24/2022 Joe Pacheco Ynez Road PL Temporary Plan Review Temecula, CA 92592 Housing Partners Use Permit LP Case Title / Description: Rancho Las Bolsas Construction Trailer TUP: A Temporary Use Permit to allow for a temporary construction trailer on site throughout the construction of Rancho Las Bolsas PA22-0228 31208 Camino Del Este 953-041-031 Jaime Cardenas 02/24/2022 PL Modifications Plan Review Temecula, CA 92591 Case Title / Description: Pedrotti Addition: a 170 square foot addition to the existing single-family home located at 31208 Camino Del Este. PA22-0230 32965 Temecula Pky 960-030-025 Jaime Cardenas 02/24/2022 Bahea Bratcher Jerry Swanger PL Zoning or Plan Review Temecula, CA 92592 Planning Letter Case Title / Description: Butterfield Station ZL: a zoning letter for the properties associated with the Assessor Parcel Numbers 960-030-025, 960-030-035, 960-030-040, 960-030-041, 960-030-042, 960-030-043. PA22-0231 40458 Winchester Rd 910-470-003 02/24/2022 Adele Brecht Inland Western PL Modifications Plan Review Temecula, CA 92591 Temecula Commons LLC Case Title / Description: Organic Roots Outdoor Patio MOD: a Modification Application for the construction of an outdoor patio and dining area in front of the existing Organic Roots Grocery located at 40458 Winchester Road. PA22-0238 42234 Agena St 944-273-002 Jaime Cardenas 02/25/2022 Myriam PL Accessory Plan Review Temecula, CA 92592 Cespedes Dwelling Unit Case Title / Description: Cambronero ADU: An Accessory Dwelling Unit Application for a proposed 975 square -foot detached ADU at the rear of the existing single family home and a new attached garage to the primary residence of the property located at 42234 Agena Street. PA22-0239 42217 Rio Nedo 909-253-006 Jaime Cardenas 02/25/2022 Samuel Broyles Continental PL Zoning or Plan Review Temecula, CA 92590 Commercial Planning Letter Case Title / Description: 42217 Rio Nedo ZL: a zoning verification letter for the property located at 42217 Rio Nedo (APN 909-253-006). Page 3 of 4 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA22-0240 29379 Rancho California Rd 944-290-004 Jaime Cardenas 02/25/2022 Alannah PL Massage Plan Review Temecula, CA 92592 Tromczynski Permits Case Title / Description: Shakti Shack 11:11 MEP: a Massage Establishment Permit application to renew the application for Shakti Shack 11:11 located at 29379 Rancho California, Suite 206. PA22-0251 28225 Heirloom Dr 916-400-035 Scott Cooper 02/28/2022 02/28/2022 Nick Harris Meritage Homes PL Modifications Approved Temecula, CA 92591 of California, Inc. Case Title / Description: Heirloom Farms Plotting MOD: A Modification (Planning Review Only) to an approved Development Plan (PA18-0661) to revise the Elevation and Color Assignments sheet to reconfigure the motor court plotting and show the 3-story townhomes along Temecula Center Drive as enhanced elevations. PREAPP22-0 910-272-019 Scott Cooper 02/01/2022 02/08/2022 Adam Covington Greystar Hoff Investments PL Completed 184 CA Pre -Application Case Title / Description: Jefferson/Buecking Apartments SB330 Pre-App: A Pre -Application for SB330 for the Jefferson/Buecking Apartments project located on the north and south side of Buecking Drive at the Jefferson Avenue intersection PREAPP22-0 964-770-011 Scott Cooper 02/24/2022 Dena Upp escrow acct WOODSIDE 05S PL Plan Review 223 Temecula, CA 92591 5074 authorized Pre -Application user Case Title / Description: Sommers Bend PAs 19, 20B, & 21 HPR Pre-App: A Pre -Application for Shawood Home Product Review for Sommers Bend Planning Areas 19, 20B, & 21 PREAPP22-0 961-410-008 Jaime Cardenas 02/24/2022 Crystal Cardona PL Plan Review 237 CA Pre -Application Case Title / Description: Tony's Car Wash: a second pre -application meeting for a proposed car wash and polishing tunnel at the property located with assessor's parcel number 961-410-008. Page 4 of 4 Item No. 24 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Crater, Division Chief DATE: March 22, 2022 SUBJECT: Fire Department Monthly Report PREPARED BY: RECOMMENDATION: Report Wendy Miller, Management Analyst That the City Council receive and file the Fire Department Monthly City of Temecula Fire Department Temecula Fire Department Service Calls February 2022 of TEA14 � Commercial Fire False Alarms -. Haz Mat Medical 1989 O740ft Multi-Fam 1 0 NEW p4' Other Fire star ' Other Misc Public Assist Residential Fire Rescue tiog law 1 Ringing Alarm Standby 1h Traffic Collision WildlandNehicle Fire Total o- s •w • 76 ' 569 • •.. ,� 2 • �y�M• • �tiw• t • • d • ���-� . ,. �� � � • !• ••• .. eon. 7] �i • i •b I AA6F1�"- • • f7 •• • • PAUHR VALLEY 33 I iiit333222'„ • • �. f/ • • E 5 �. b�,l1 w ••• •• i • � • •� � • • � • '• ' �Je Ca NS Al7 �/ FA r 2f = l Aanga ,-. 78 5 A,Q 795 City of Temecula Fire Department Temecula Fire Department Plan Review and Inspections 0f TEAJtC, February 2022 Plan Review and Inspections February Year to Date .� Plan Review 426 961 1989 �� Construction Inspections 468 742 NEW pVVO Annual Inspections 675 969 Counter/Public Inquiries 29 61 ��,�� COIINTp Ilk 4.. -- Item No . 25 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 22, 2022 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the Public Works Department Monthly Report for Capital Improvement Projects, Maintenance Projects, and Land Development Projects. This report may also be viewed on the City's website at: hlt2://temeculaca.gov/270/Cqpital-improvement-Projects-CIP City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 22, 2022 CAPITAL IMPROVEMENT PROJECTS CIRCULATION PROJECTS Cherry Street Extension & Murrieta Creek Low -Flow Crossing, PW19-15 Description: Preliminary design of the Extension of Cherry Street from Adams Avenue to Diaz Road, including a new low -flow crossing of Murrieta Creek. Cost: $2,387,000 Status: In design until April 2022. Hydraulic, geotechnical, traffic and biological reports are complete. Preliminary design is under review. Diaz Road Expansion, PW17-25 Description Improve Diaz Road to meet the roadway classification of Major Arterial (4 Lanes Divided), between Cherry Street and Rancho California Road. The 2.2-mile stretch will be widened, extended, and/or improved to create a contiguous Major Arterial segment. The project will be developed and constructed in two phases. Phase 1 will include improvements on Diaz Road from Winchester Road to Rancho California Road. Phase 2 will include improvements on Diaz Road from Cherry Street to Winchester Road. Cost: $11,457,436 Status: Phase 1 design and Phase 1 & 2 environmental studies November 2019 — October 2022. Current activities include consultant preparation of 90% PS&E, public circulation of environmental document, coordination with utility companies, and initiating applications for regulatory permitting. French Valley Parkway/Interstate 15 Improvements- Phase II, PW16-01 Description: 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 Interstate 15/Interstate 215 junction with connection to Interstate 15 and Interstate 215. Cost: $137,356,246 Status: Currently in design. Environmental revalidation is complete. Right of way acquisition process is well underway. 1 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 22, 2022 CIRCULATION PROJECTS (Continued) 1-15 Congestion Relief, PW19-02 Description Design and construction of a single auxiliary lane, northbound Interstate 15 connecting the Temecula Parkway on -ramp to the Rancho California Road off -ramp. Cost: $8,382,225 Status: Design and environmental studies November 2019 — September 2022. Current activities include City revision of 95% Roadway and Structures PSE, Storm Water Data Report, Drainage Report, and Permit Engineering Evaluation Report and continued coordination with Caltrans on development of the Draft Environmental Document. Interstate-15 / State Route 79 South Ultimate Interchange, PW04-08 Description Construction of ramp system that will improve access to Interstate 15 from Temecula Parkway / State Route 79 South. Cost: $52,025,657 Status: Per a 3-year Landscape Maintenance Agreement with Caltrans, the City will maintain the interchange site from June 30, 2020 through June 30, 2023. The City is working with Caltrans on the relinquishment of the interchange right-of-way to the State inventory. Murrieta Creek Bridge at Overland Drive, PW16-05 Description: Design and construction of a new bridge crossing over Murrieta Creek between Rancho California Road and Winchester Road. Cost: $14,307,394 Status: The City applied and was approved to receive Federal Highway Bridge Program (HBP) funds. City Council approved the design agreement with CNS Engineers Inc. at the March 12, 2019 meeting. Preliminary Environmental Study (PES) approved by Caltrans on August 15, 2019. Plans are 30% complete. RCA provided comments to the JPR application on 7/30/2020. NEPA approval is anticipated in Q1 of 2022, Caltrans review time has been longer than anticipated. Biological monitoring in Temecula Creek for potential mitigation site is complete as of July 2021. CEQA is pending results of Temecula Creek monitoring and review by RCA. Staff continues to work with Caltrans to advance HBP Grant Funds to earlier fiscal years. Caltrans HBP Program management has proposed reducing the curb to curb width of the bridge that is considered "participating" for grant funding purposes. Staff will address this with Caltrans HBP Program as the bridge width is the same as original approved grant application. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 22, 2022 CIRCULATION PROJECTS (Continued) Overland Drive Widening, PW 20-11 Description This project includes widening Overland Drive from Jefferson Avenue to Commerce Center Drive, to two lanes in each direction, and the completion of missing segments of sidewalk, streetlights, and installation of the traffic signal at Commerce Center Drive and the modification of the traffic signal at Jefferson Avenue. Cost: $1,340,400 Status: Design is at 60%. Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive, PW19-19 Description: This project includes the installation of a traffic signal on Rancho California Road at Tee Drive. Cost: $346,646.50 Status: Project is currently in design. Traffic Signal and Park & Ride Access Improvements, PW18-11 Description: This project includes the installation of a traffic signal on Temecula Parkway at Wabash Lane. The project also includes relocating the access to the Park and Ride facility on Temecula Parkway at La Paz Road from Vallejo Avenue to Wabash Lane. Cost: $1,347,674 Status: City Council awarded the construction contract at the meeting on May 25, 2021. Construction started June 21, 2021. Construction completion is anticipated in May of 2022. 3 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 22, 2022 INFRASTRUCTURE PROJECTS Bike and Trail Program — Great Oak Trail Lighting Description: Project includes the installation of solar lights along the Great Oak Trail adjacent to the northeast side of Pechanga Parkway from Deer Hollow Way to Loma Linda Road. Cost: $400,000 Status: Project is currently in design. Citywide Drainage Master Plan Description: Project will prepare a report that shows all drainage courses within the City. Also includes a master hydrology study showing the anticipated storm flows at build -out. Cost: $600,000 Status: In scope discussion with the chosen consultant. Community Recreation Center (CRC) Renovations, PW19-07 Description: The project facilitates the rehabilitation, improvement, and reconfiguration of the Community Recreation Center. This project includes expansion and reconfiguration of teen center; conversion of office space to accommodate a dedicated police substation; renovation of key components of the building including safety features, flooring, roof, and restroom facility access; ADA compliance; renovation and expansion of existing office space and rec rooms including AV upgrades; expanded storage space and upgraded kitchen equipment. Cost: $5,000,000 Status: Phase 1 design. Reviewed 100% plans. Interstate 15 / State Route 79 South Interchange Enhanced Landscaping, PW17-19 Description: Landscape beautification of the Interstate 15 corridor between French Valley Parkway and Temecula Parkway, including each interchange, in association with Visit Temecula Valley and the Pechanga Tribe. This project includes the design and construction of enhanced landscaping, hardscape, and irrigation between the freeway and ramps on the west side of the Interstate 15 / State Route 79S (Temecula Parkway) interchange. Cost: $3,533,483 Status: Design and environmental studies August 2019 — June 2022. Environmental revalidation completed October 2020. Current activities include 90% design plans, design of new power and irrigation water service, and Design Engineering Evaluation Report. 4 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 22, 2022 INFRASTRUCTURE PROJECTS (Continued) Margarita Recreation Center, PW17-21 Description: Demolition and Reconstruction of New Margarita Recreation Center Building and Pool Cost: $10,656,507.91 Status: RFP responses were received on August 27, 2020. The project was re -advertised on November 25, 2020 to account for increased project budget and proposals were received on December 23, 2020. The Design - Build Contract was awarded at the March 9, 2021 City Council Meeting to De La Secura Builders, Inc., for a Guaranteed Maximum Price of $8,680,459.00. Design phase is well underway. The second building plan review was completed on January 25, 2022 and the Design Builder is working to address comments. The existing MRC building was vacated by City Staff and all salvageable equipment removed on January 28, 2022. The Fire Department used the existing building for training the week of February 7, 2022. The demolition of the existing MRC building started on February 14, 2022. Major demolition activities should commence mid -March. City Groundbreaking event scheduled for March 31, 2022. It is anticipated building construction will be complete in January or February of 2023 with a grand opening in Spring 2023. Mary Phillips Senior Center Enhancement and Renovation, PW20-13 Description: The project includes the enhancement and renovation of the Mary Phillips Senior Center. Work includes new exterior siding, painting, replacement of perimeter soffits, fascia boards, eaves, and select doors & windows. Cost: $1,000,000 Status: In design. Reviewed 90% plans. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect, PW08-04 Description: Design, environmental document, and construction of the extension of the existing trail from Ynez Road to the Murrieta Creek Trail. The extension includes access and under -crossing at Ynez Road, Interstate 15 and Jefferson Avenue and a continuous paved trail along Santa Gertrudis Creek to connect to Murrieta Creek trail. Cost: $6,288,595 Status: The California Transportation Commission (CTC) has approved $3,759,000 State SB1 Alternative Transportation Program (ATP) Augmentation funds for this project. The Notice to Proceed for construction was issued to the contractor with a work start date of April 19, 2021. Groundbreaking event occurred on May 4, 2021. Jefferson undercrossing section is complete. Asphalt paving between Jefferson and Winchester near Diaz is complete. Walls for Ynez undercrossing section is complete. Tieback wall section under 1-15 section is 95% complete. Contractor is currently working on lower wall section of 1-15.Completion is anticipated in May/June of 2022. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 22, 2022 INFRASTRUCTURE PROJECTS (Continued) Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW19-04 Description: Design, environmental document, and construction of the undercrossing in Santa Gertrudis Creek at Margarita Road to connect to the pedestrian/bicycle trail. The under -crossing at Margarita Road will provide a continuous paved trail along Santa Gertrudis Creek at this location. Cost: $2,716,764 Status: The project is in design. 100% Plans, Specifications, and Estimate (PSE) expected in April 2022. Sidewalks — Citywide (Ynez Road, Rancho Highland to Tierra Vista Road), PW17-28 Description: New sidewalks on the west side of Ynez Road from Rancho Highland to Tierra Vista Road. Cost: $198,920 Status: Project is currently in design. Sidewalks — DLR Drive, PW19-18 Description: New sidewalks on the north and west side of DLR Drive. Cost: $442,077 Status: Design is complete. Construction plans and specifications are being finalized. City approval of plans and authorization to solicit construction bids is scheduled for the March 22, 2022 city Council meeting. Sidewalks — Citywide (Pauba Road, Elinda Road to Showalter Road), PW 19-20 Description: New sidewalks and street widening on the South side of Pauba Road from Elinda Road to Showalter Road. Cost: $467,403 Status: Project is currently in design. N. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 22, 2022 INFRASTRUCTURE PROJECTS (Continued) Sidewalks — Old Town Improvements (Fifth Street from Front Street to Murrieta Creek), PW20-02 Description: Curb and sidewalk improvements on the north side Fifth Street, between Front Street and Murrieta Creek. Improvements include grind/overlay of entire street, tree grates, bollards, streetlights. Cost: $159,267.30 Status: Construction is complete. Citywide —Slurry Seal, PW21-01 Description: Construction involves roadway preparation by removal of existing striping and pavement markings, cleaning the roadway surface and sealing cracks. This is followed by application of slurry seal and subsequent restoration of striping and pavement markings. The project consists of slurry sealing over 7 million square feet of residential roadway throughout Temecula Cost: $1,546,980.04 Status: Project is complete, Scheduled for the NOC on the March 22, 2022 City Council Meeting. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 22, 2022 PARKS AND RECREATION PROJECTS Flood Control Channel Reconstruction and Repair, PW11-10 Description: This project repairs and reinforces the earth and berms between Pala Park and Temecula Creek and fortifies the banks to prevent further erosion into the park site. Cost: $1,280,284 Status: The environmental document, CEQA IS/MND, was approved at the July 27, 2021 Council Meeting. Project was advertised for bids between September 9, 2021 and October 7, 2021. Bids were opened on 10/07/2021. Construction contract was awarded at the 10/26/2021 City Council meeting. Wall construction is complete and backfilled. Remaining work is mostly surface restoration, sidewalk construction, planting, and irrigation. Completion anticipated by March 18, 2022. Park Restroom Renovations, Expansion and Americans with Disabilities Act (ADA), PW17-06 Description: Renovation of various park site restroom facilities, including Ronald Reagan Sports Park North/South Ball Field (new roof, cabinets, fixtures, and other building improvements), Butterfield Stage Park and Vail Ranch Park. Cost: $1,127,800 Status: Project is currently in design. Playground Equipment Enhancement and Safety Surfacing Description: Re -design, enhancement of playground equipment, and safety surfacing to comply with current state and federal regulations and enhance the quality of the parks. Cost: $800,000 Status: An RFP is being prepared for the design, purchase & installation for three playground project sites — Redhawk Community Park, Long Canyon Creek Park & Temecula Creek Park. Ronald Reagan Sports Park Restroom Expansion and Renovation, PW18-03 Description: Design and construction of a new restroom building, including additional stalls and urinals, a large snack bar and a dedicated storage case. Cost: $1,120,000 Status: Project was advertised and construction bids were opened on March 3, 2022. The construction contract is scheduled to be awarded at the April 12, 2022, City Council meeting. Construction is anticipated in Spring 2022. 8 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 22, 2022 LAND DEVELOPMENT OVERSIGHT PROJECTS American Tire Depot Description: A 7,303 square foot building to be used for tire retail and repair, as well as minor auto repair services, located at the southwest corner of Ynez Road and DLR Drive. Status: Parking lot has been paved. Arrive @ Rancho Highlands Description: A 270-unit multi -family community built on 12.32 acres that includes 55 affordable units. The project is located adjacent to the Temecula Duck Pond approximately 775 feet southeast of Rancho California Road on the north side of Ynez Road. Status: Grading and onsite storm drain permits were issued in October 2021. Grading and onsite storm drain construction has commenced. Overflow parking lot has been paved. Better Buzz Description: Demolition of 445 square feet of an existing commercial building (former Corner Bakery), the addition of a drive-thru, the addition of tower with trellis, and changes to the elevations of the existing building located at 32435 Temecula Parkway Status: Precise grading permit has been issued. Grading and construction has commenced and is ongoing. Chick-fil-a Description: Existing fast-food restaurant to reconfigure the existing drive-thru, relocate an existing trash enclosure and add square footage and landscaping. Status: Precise grading permit was issued January 13, 2022. Grading and construction has commenced and is ongoing. E City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 22, 2022 LAND DEVELOPMENT OVERSIGHT PROJECTS (Continued) Heirloom Farms Description: A Development Plan for a 321-unit single family residential community built on 27.86 acres consisting of detached homes and attached townhomes located on the southwest corner of Date Street and Ynez Road. Includes the installation of a new Traffic Signal at the intersection of Ynez Rod and Waverly Lane/Temecula Center Drive Status: Rough grading permit has been issued in July 2021, the offsite and private onsite street and storm drain improvements permits were issued in October 2021 and the traffic signal permit was issued in September 2021. Grading, street, and storm drain improvements and the traffic signal installation has commenced. Precise Grading plans are currently being reviewed. Las Haciendas Apartments Description: A Development Plan to construct a 77-unit affordable housing project located at 28715 Las Haciendas Street in Uptown Temecula Status: Precise grading permit was issued in December 2021. Grading has commenced in January 2022 and is ongoing. Mountain View Description: Thirteen industrial buildings on Avenida Alvarado Status: Eight precise grading permits have been issued and construction has commenced. Improvements on Avenida Alvarado, along with street light installations is in process. Onsite storm drain installation has commenced. Solana Assisted Living Description: A 90,000 square foot, two-story, Senior Assisted Living Facility located on the southeast corner of the Margarita Road and Solana Way. Status: A rough grading permit was issued in January 2022. Grading began on February 7, 2022. Street improvements and precise grading plans have been submitted for review. 10 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 22, 2022 LAND DEVELOPMENT OVERSIGHT PROJECTS (Continued) Sommers Bend Description: Land Development has provided oversight of the following submittals for plan check and inspections: final maps, Community Sports Park and recreation lots, precise grading; street and storm drain improvements; traffic signals; street lighting; and signing & striping. Status: The mass grading permit was issued in September 2018. Sommers Bend has been paved with streetlights installed. The community sports park, Ranch at Sommers Bend, construction is complete and has been accepted at the February 8, 2022 Council Meeting with its Ribbon Cutting ceremony scheduled for February 12, 2022. The Sommers Bend recreation center construction is complete. Bond release for Long Valley Wash in process. Installation of streets, storm drains and streetlights on east end of project is in process. Grading has been completed in the Density Core, currently installing sewer. Installation of Santa Gertrudis Creek Channel improvements northwest end of project is in process. 11 REQUESTS TO SPEAK AND ELECTRONIC COMMENTS SUBMITTED FOR THE RECORD REQUEST TO SPEAK CITY OF TEMECULA L t'� t ublic Comm nt: on -Agenda Item: Agenda Item: Agenda Item No. For ❑ Against ❑ Date: 03 ZZ ZoZZ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: 1 &' 1(f Phone Number: Address: Email address: a— If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Public Comment: Non -Agenda Item: Agenda Item: Agenda Item No. For U AgainstEl Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk rp for to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: -c %1SlZ� Phone Number: � � Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: �^ Public Comment: Non -Agenda Item: ❑ Agenda Item: Agenda Item No. For Against ff Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. or / Name: Tess- ess-r' � ��,;�/C:gz� Phone Number: ` � Address Email address. - If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public C'o,]m�ment: Non -Agenda Item REQUEST TO SPEAK CITY OF TEMECULA Agenda Item: M Date: v t ►y)lyw U U11a Agenda Item No. A� For Against mod I ' Co(� Or Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the recordL)\a\ - Name: Address: � Email address: ���\� If you are representing an organization or group, please give the name: SA(x W o � ` Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment: Non -Agenda Item: ❑ Agenda Item No. _q_ For ❑ REQUEST TO SPEAK CITY OF TEMECULA Agenda Item: d( Against [A Date: I ZL 12 -�-' Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. I Name: �L L►a '\ Phone Number: Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment Agenda Item No. REQUEST TO SPEAK CITY OF TEMECULA Non -Agenda Item: ❑ Agenda Item: `~ For Against El Date: 3 2 2 Z Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. ✓ Name: 0 h b 6 06""-f / / Phone Number Address Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment: Non -Agenda Item: Agenda Item No. For REQUEST TO SPEAK CITY OF TEMECULA Agenda Item: Against 1-1 C Date: :Z /Z Z/2 Z Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. ., Phone Rumber: Address Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA 1989 Date: Z Z Z7i Public Comment: Non -Agenda Item: ❑ Agenda Item: Agenda Item No. Z Z For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: Phone Number: Address: Email address:� If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA 4 D1989 Public Comment: Non -Agenda Item: ❑ Agenda Item: a Agenda Item No. ForP F Against Date: Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: ,�(-C.'(./ Phone Number. Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment Agenda Item No REQUEST TO SPEAK CITY OF TEMECULA Non -Agenda Item: Agenda Item: For ❑ Against 0 u ZZ Date: Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record Name: E`� `� �` V U Phone Number: Address: Email address: �/ If you are representing an organization or group, please give the name: j� Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. From: Sent: To: Subject: Attachments: Verified City Account From: Randi Johl Randi Johl Wednesday, March 23, 2022 12:32 PM Erika Ramirez FW: Public Comments to Project LR21-1017 Public Comment- Project LR21-1017.pdf Sent: Tuesday, March 22, 2022 8:38 AM To: ' Subject: FW: Public Comments to Project LR21-1017 Thank you for your email. It was received and will be read into the record at the next meeting pursuant to Council policy. If you do not wish for your email to be read into the record, please advise. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 randi.johl(@temeculaca.gov 41000 Main St, Temecula, CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Robert Danko < Sent: Monday, March 21, 2022 4:24 PM To: Council Comments<CouncilComments@TemeculaCA.eov> Cc: Ken Danko < Subject: Public Comments to Project LR21-1017 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please accept the herein enclosed comments to be read at the Public Hearing on March 22, 2022. Thank you. Robert J. Danko Owner- Devilicious Eatery City Staff and Council Members: As a long time resident of Temecula and a Restaurant owner in Old Town, I want to express my general support for the proposed Entertainment Licenses and the amendments to the Temecula Municipal Code as described in the Planning Staff Report. There are a few clarifications that I would like to propose for the Council's consideration. Permitted Entertainment Hours of Operation. The clear distinction between Class I and Class 11 appears to focus on offering of alcoholic beverages whether beer, wine or distilled spirits. Whereas the distinction between Class II and Class III is the addition of Dancing as a form of entertainment. I would suggest the Council consider the hours of entertainment for all Classes of Entertainment be consistent to end at 10:00 p.m. on Sunday through Thursday and 11:59 p.m. on Fridays and Saturdays. All current businesses should be required to obtain and comply with the Entertainment license restrictions, as this runs independent of the operational hours dictated by the CUP. As proposed, the application of the Entertainment License would not affect a business with "dancing" specifically allowed per its CUP, while greatly affecting all other businesses with "non -dancing" types of entertainment such as live music. A current restaurant with a dance floor would be able to remain actively open until 2:00 am if currently allowed under a CUP, while all other restaurants with live music would be required to end the entertainment at 9:00 pm or 10:00 pm thus effectively shortening the hours of operation. This would have a significant economic impact on all but a few businesses in Old Town, without targeting the public safety concerns outlined in the Staff Report. Effectively, all Class II businesses would need to comply and all current Class III businesses would continue to create the problems of overcrowding, and excessive noise until 2:00 a.m. that the amendments intend to address by the proposed changes. Consistent application is fair treatment for all. 2. All Current Businesses offering Entertainment and Alcohol Should Be Required to Obtain the New Entertainment License. The purpose of a CUP is to allow some flexibility in permitted uses of land that might otherwise be prohibited based on zoning ordinances. As stated in the Staff Report, CUP's are independent of the Entertainment License. However, it is clear to anyone who has been in Old Town on most weekends that Front Street shows its Mr. Hyde personality on Friday and Saturday nights, particularly after midnight. This will not change unless the proposed ordinance is applied to all current and future businesses. Through a simple administrative procedure, all businesses can be defined and regulated under consistent rules. The CUP process involves public notice and public hearings and is necessary to make sure the business is operating consistent with the master plan. Problems arise when a new business changes the nature of its operations, or a new owner assumes the lease on the property and introduces a new concept that is materially different from what was initially presented under the application for a CUP. In the example cited in the Staff Report a coffee shop sells to new owner who decides to add music and serve wine thus changing the impact on the city without oversight. While adding wine has some checks and balance since there would be posting of intent to serve alcohol and hopefully a public hearing. The real life example of Tabu Sushi reveals a gaping hole in the oversight by the City. Tabu was a family friendly sushi restaurant that sold its lease and liquor license to a business that represented they would be operating a "Supper Club". No application to amend the existing CUP was filed as it appeared to the Planning Department that the location would be just another family restaurant serving beer wine and cocktails. However, prior to opening for business, the concept was changed into a 21+ nightclub without any application to the City. This type of change in concept should require notification and public hearings on the impact to the surrounding area. At a minimum, if all businesses are required to obtain an Entertainment License annually regardless of whether it is unchanged, sold or just rebranded, the City would receive advance notice through the License process and not get lost in the vague language of the CUP. All business would be under the same standards. 3. Conclusion I commend the City for addressing an issue that has been brewing for a while. As a business owner in Temecula I am aware that we all needed to adapt to the new challenges due to the Pandemic. I am grateful for the assistance the City provided to the high impact areas such as Old Town. As a long-time resident of Temecula I have seen this side of town change from primarily Antique Shops to a fun family friendly destination with unique restaurants, wine tasting and micro -breweries. Lately I have seen a trend where people are no longer coming to Old Town for family outings due to the rough and edgy changes brought about by bars operating over -capacity, lines out the doors and spilling onto the sidewalks, and loud music permeating other businesses and residences. I thank the Council members and City Staff for allowing my voice to be heard. Sincerely, Robert Danko Owner Devilicious Eatery