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AGENDA
TEMECULA CITY COUNCIL
REGULAR MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
FEBRUARY 28, 2023 - 6:00 PM
CALL TO ORDER: Mayor Zak Schwank
INVOCATION: Sylvester Scott of Baha'is of Temecula
FLAG SALUTE: Mayor Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
PRESENTATIONS
David Showalter of Eide Bailly Regarding City's Annual Comprehensive Financial Report
ANNUAL JOINT MEETING - CITY COUNCIL AND PLANNING COMMISSION
BOARD / COMMISSION REPORTS
Community Services Commission, Planning Commission and Public/Traffic Safety Commission
PUBLIC SAFETY REPORT
County of Riverside, Fire Department (CAL FIRE)
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
Page 1
City Council Agenda February 28, 2023
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 Title and Text of All Ordinances and Resolutions Included in the Agenda
Recommendation: That the City Council waive the reading of the title and text of all
ordinances and resolutions included in the agenda.
Attachments: Agenda Report
2. Approve Action Minutes of February 14, 2023
Recommendation: That the City Council approve the action minutes of February 14, 2023.
Attachments: Action Minutes
3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:
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
4. Approve First Amendment to Agreement with Proactive Fire Design & Consulting, Inc., for Fire
Department Plan Review Service for Fiscal Year 2022-23
Recommendation: That the City Council approve the first amendment to the annual
agreement with Proactive Fire Design & Consulting, Inc., for Fire
Department Plan Review Service for Fiscal Year 2022-23, in the amount
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City Council Agenda February 28, 2023
5.
6.
7.
of $25,000, for a total agreement amount of $505,000.
Attachments: Agenda Report
Amendment
Approve Consultant Agreement with Community Works Design Group for the Ronald Reagan
Sports Park Skate Park, PW22-07
Recommendation:
That the City Council:
1. Approve a consultant agreement with Community Works Design
Group in the amount of $213,823, for the Ronald Reagan Sports Park
Skate Park, PW22-07; and
2. Authorize the City Manager to approve extra work authorizations not to
exceed the contingency amount of $21,382.30, which is equal to 10% of
the agreement amount.
Attachments: Agenda Report
Agreement
Project Description
Project Location Map
Approve Agreements for On -Call Excavation, Backfill, and Grading Maintenance Services for
Fiscal Years 2023-2028
Recommendation: That the City Council approve agreements for on -call excavation, backfill,
and grading maintenance services for Fiscal Years 2023-2028 with Miko
Mountain Lion, Inc., and NPG, Inc., in the amount of $1,000,000 each for
the total term of the agreement.
Attachments: Agenda Report
Agreement - Miko Mountain Lion, Inc.
Agreement - NPG, Inc.
Approve Increase to the Professional Services Contingency Authorization for the Margarita
Recreation Center Project, PW 17-21
Recommendation:
That the City Council:
1. Approve an increase to the contingency for professional services for the
Margarita Recreation Center Project, PW 17-21 by $150,000; and
2. Increase the City Manager's authorized contingency by $150,000.
Attachments: Agenda Report
Project Description
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City Council Agenda February 28, 2023
8. Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Mary
Phillips Senior Center Outdoor Recreational Area Project, PW22-08
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 Mary Phillips Senior
Center Outdoor Recreational Area Project, PW22-08; and
2. Make a finding that this project is exempt from NEPA per CFR 24,
Section 58.34(a)(12), Categorical Exclusions; and
3. 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
Project Location
9. Accept Improvements and File Notice of Completion for Santa Gertrudis Pedestrian/Bich
Trail Extension and Interconnect Project, PW08-04
Recommendation: That the City Council:
Accept the construction of the Santa Gertrudis Pedestrian/Bicycle Trail
Extension and Interconnect Project, PW08-04; and
2. Direct the City Clerk to file and record the Notice of Completion,
release Performance Bond, and accept a one-year maintenance bond in the
amount of 10% of the final contract amount; and
3. Release Labor and Materials Bond seven months after filing the Notice
of Completion if no liens have been filed.
Attachments: Agenda Report
Notice of Completion
Contractor's Affidavit and Final Release
Maintenance Bond
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 4
City Council Agenda February 28, 2023
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CALL TO ORDER: President James Stewart
ROLL CALL: Alexander, Brown, Kalfus, 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.
10. Approve Action Minutes of February 14, 2023
Recommendation: That the Board of Directors approve the action minutes of February 14,
2023.
Attachments: Action Minutes
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTOR REPORTS
Page 5
City Council
Agenda February 28, 2023
CSD ADJOURNMENT
The next regular meeting of the Temecula Community Services District will be held on Tuesday, March
14, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the
Council Chambers located at 41000 Main Street, Temecula, California.
Page 6
City Council Agenda February 28, 2023
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO
MEETING
TEMECULA HOUSING AUTHORITY - NO MEETING
TEMECULA PUBLIC FINANCING AUTHORITY
CALL TO ORDER: Chair Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
TPFA PUBLIC COMMENT
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.
TPFA CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one
roll call vote. There will be no discussion of these items unless members of the Temecula Public
Financing Authority 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.
11. Approve Action Minutes of February 14, 2023
Recommendation: That the Board of Directors approve the action minutes of February 14,
2023.
Attachments: Joint Action Minutes
TPFA EXECUTIVE DIRECTOR REPORT
TPFA BOARD OF DIRECTOR REPORTS
Page 7
City Council
Agenda February 28, 2023
TPFA ADJOURNMENT
The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, March
14, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the
Council Chambers located at 41000 Main Street, Temecula, California.
Page 8
City Council Agenda February 28, 2023
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.
12. Adopt Ordinance Amending Title 5 and 17 of the Temecula Municipal Code Pertainine to
Massage Establishment, Accessory Dwelling Unit, Car Wash, Flag Pole Height Limits,
Conditional Use Permits, Parking Garage Standards, Open Space Zoning Designation, Live
Entertainment, Alcoholic Beverage Manufacturer, and Active and Passive Recreation and Find
that this Ordinance is Exempt from the California Environmental Quality Act (CEQA) Pursuant
to CEQA Guidelines Section 15061 (b)(3)
Recommendation: That the City Council adopt an ordinance entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 5 AND 17 OF THE TEMECULA
MUNICIPAL CODE, MAKING MINOR REVISIONS TO MASSAGE
ESTABLISHMENTS, ACCESSORY DWELLING UNIT (ADU), CAR
WASH, FLAG POLE HEIGHT LIMITS, AND CONDITIONAL USE
PERMITS (CUP'S), ESTABLISHES PARKING GARAGE
STANDARDS, CLARIFIES PERMITTED USES IN THE OPEN SPACE
ZONING DESIGNATION, IMPLEMENTS THE PROVISIONS OF THE
LIVE ENTERTAINMENT ORDINANCE (ORDINANCE NO. 2022-06)
FOR PLANNED DEVELOPMENT OVERLAY ZONES 4 AND 10,
MODIFY THE DEFINITION OF ALCOHOLIC BEVERAGE
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City Council Agenda February 28, 2023
MANUFACTURER, AND ADD DEFINITIONS FOR ACTIVE AND
PASSIVE RECREATION, AND FIND THAT THIS ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061
(B)(3)
Attachments: Agenda Report
Ordinance
PC Resolution No. 2022-34
Notice of Public Hearing
Notice of Exemption
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.
13. Review Fiscal Year 2023-24 Budget Policies and Priorities
Recommendation: That the City Council review the Fiscal Year 2023-24 Budget Policies and
Priorities and provide feedback on Fiscal Policy Metrics.
Attachments: Agenda Report
14. Adopt Resolution Submitting to the Voters a Ballot Measure that Proposes to Establish Term
Limits for City Council Members
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUBMITTING TO THE VOTERS AT THE NOVEMBER
5, 2024 GENERAL MUNICIPAL ELECTION A MEASURE THAT
PROPOSES ADOPTION OF AN ORDINANCE TO ESTABLISH
TERM LIMITS, REQUESTING THAT SUCH ELECTION BE
CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION
HELD ON THAT DATE, AND TAKING CERTAIN OTHER ACTIONS
Attachments: Agenda Report
R Pcnhltinn
Exhibit A - Proposed Ordinance
Page 10
City Council Agenda February 28, 2023
DEPARTMENTAL REPORTS (RECEIVE AND FILE)
15. City Council Travel/Conference Report
Attachments: Agenda Report
Itinerary
16. Community Development Department Monthly Report
Attachments: Agenda Report
Planning Activity Report
17. Fire Department Monthly Report
Attachments: Agenda Report
Fire Department Report
18. 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.
Consider Creation of Ad Hoc Subcommittee to Discuss Temecula Police Department (At the Request
of Mayor Pro Tempore Stewart)
2. Consider Creation of Ad Hoc Subcommittee to Discuss Temecula Fire Department (At the Request of
Council Member Kalfus)
3. Consider Rent Control Ordinance for Affordable Housing (At the Request of Council Member
Stewart)
4. Consider the Process for Placement of Future Agenda Items (At the Request of Mayor Schwank)
Page 11
City Council
Agenda February 28, 2023
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
The next regular meeting of the City Council will be held on Tuesday, March 14, 2023, at 4:30 p.m., for
a Closed Session, with regular session commencing at 6:00 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 12
Item No. 1
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk
DATE: February 28, 2023
SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in
the Agenda
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk
RECOMMENDATION: That the City Council waive the reading of the title and text of all
ordinances and resolutions included in the agenda.
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. In accordance with Government Code Section
34934, the title of each ordinance is included on the published agenda and a copy of the full
ordinance has been available to the public online on the City's website and will be available in
print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise
required, the full reading of the title and text of all 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
FEBRUARY 14, 2023 - 6:00 PM
CLOSED SESSION - 5:00 PM
CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council convened in closed
session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property
interests, including certain permanent maintenance and access easements, temporary construction
easements with a term of twelve months, covenants for construction of certain permanent improvements,
and a conservation easement on four properties described below in connection with the proposed
extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage
Road, Project Number LD20-1114 ("Project"). Negotiators for the City are Patrick Thomas and Ron
Moreno. The negotiators for the respective real property interests are set forth below.
(i) The acquisition of certain property interests from the real property located at 31270 Tommy Lane in
the City of Temecula (APN 957-150-005). Specifically, the City seeks to acquire an approximate 31,520
square foot temporary construction easement with a term of 12 months and an approximate 26,957
square foot permanent maintenance and access easement. The negotiating parties are the City of
Temecula and the property owners Jose Leonardo Garcia and Mayerling Alida Monteros-Garcia. Under
negotiations are price and terms of the acquisition of these property interests.
(ii) The acquisition of certain property interests from the real property located at 39280 Deputy Road in
the City of Temecula (APN 957-090-019). Specifically, the City seeks to acquire an approximate 29,630
square foot temporary construction easement with a term of 12 months, covenant authorizing the
construction of certain permanent improvements in portions of that 29,630 square foot area, an
approximate 16,956 square foot permanent maintenance and access easement, and a public utility
easement. The negotiating parties are the City of Temecula and the property owners Sohan Singh and
Kuldip Kaur Singh. Under negotiations are price and terms of the acquisition of these property interests.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed
session pursuant to Government Code Section 54956.8 regarding negotiations for the acquisition of the
property interests of Rancon Commerce Center Phases 2, 3, & 4, Inc., a California non-profit mutual
benefit corporation in the following parcels in connection with the Overland Drive Extension Project,
PW16-06:
(i) Real property owned by the City of Temecula. The subject real property is commonly known as
27499 Commerce Center Drive, City of Temecula, California, and is identified as Riverside County
Assessor's Parcel Number 921-480-031. The negotiating parties are the City of Temecula and the Board
of Directors of the Rancon Commerce Center Phases 2, 3, & 4, Inc. Association.
(ii) Real property owned by the City of Temecula. The subject real property is commonly known as
27495 Enterprise Circle West, City of Temecula, California, and is identified as Riverside County
Assessor's Parcel Number 921-480-013. The negotiating parties are the City of Temecula and the Board
of Directors of the Rancon Commerce Center Phases 2, 3, & 4, Inc. Association.
(iii) Real property owned by the City of Temecula. The subject real property is commonly known as
27498 Enterprise Circle West, City of Temecula, California, and is identified as Riverside County
Assessor's Parcel Number 921-480-020. The negotiating parties are the City of Temecula and the Board
of Directors of the Rancon Commerce Center Phases 2, 3, & 4, Inc. Association. The City negotiators
for each of these real property interests are Patrick Thomas and Amer Attar. Under negotiation are the
price and terms.
CALL TO ORDER at 6:00 PM: Mayor Zak Schwank
INVOCATION: Antonio Madrigal of The Eschatologist
FLAG SALUTE: Council Member Curtis Brown
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
PRESENTATIONS
Presentation of Riverside County Sheriffs Department CORE Team
Presentation to 2022 Retired Board and Commission Members
BOARD / COMMISSION REPORTS
Planning Commission, Public/Traffic Safety Commission, Race, Equity, Diversity and Inclusion
Commission
PUBLIC SAFETY REPORT
County of Riverside, Riverside County Sheriffs Department
PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
• Marshall Hamilton • Temecula Elementary Student Council
• Slim Killens • Laurel Lamont
• Mick Sobczak • Jessica Christopher
• Derek Kinnison
The following individual(s) submitted an electronic comment:
• Melissa Bourbonnais
PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) addressed the City Council:
• Dario Bianchi (Item #15 and #17) • Bob Kowell (Item #17)
• Robert Stack (Item #16) • Jessica Christopher (Item #15 and #17)
• Dale Stewert (Item #17)
The following individual(s) submitted an electronic comment:
• Rick Reiss (Item #17)
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 Stewart, 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 January 24, 2023
Recommendation: That the City Council approve the action minutes of January 24, 2023.
3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2023-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
4. Adopt Ordinance No. 2023-02 Amending Section 10.28.010(D) of the Temecula Municipal
Code Regarding Prima Facie Speed Limits on Certain Streets (Second Reading)
Recommendation: That the City Council adopt an ordinance entitled:
ORDINANCE NO. 2023-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AMENDING SECTION 10.28.010(D) OF THE
TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE
SPEED LIMITS ON CERTAIN STREETS
5. Approve Fiscal Year 2022-23 Mid -Year Budget Adjustments
Recommendation: That the City Council adopt the following resolutions entitled:
RESOLUTION NO. 2023-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AMENDING THE FISCAL YEAR 2022-23 ANNUAL
OPERATING BUDGET
3
6.
7.
8.
9.
RESOLUTION NO. 2023-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE CAPITAL IMPROVEMENT
PROGRAM FISCAL YEARS 2023-27 AND AMENDING THE
CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2022-23
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.
Approve License Agreement with SAFE Alternatives for Everyone, Inc. for Use of City Real
Property
Recommendation: That the City Council approve the license agreement between the City of
Temecula and SAFE Alternatives for Everyone, Inc. (S.A.F.E.) for use of
City Real Property.
Approve Second Amendment with San Diego State University_ Foundation for the Radio
Communication Site Lease
Recommendation: That the City Council approve the second amendment with San Diego
State University Foundation for the Radio Communication Site Lease
extending the annual term for an additional three years, a 3% rent increase
and a change in the insurance requirements, for a total contract amount of
$80,982.12.
Approve Agreement with Rancon Commerce Center Phases 2, 3 & 4, Inc. in Connection with
Overland Drive Extension Proiect - PW16-06
Recommendation: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 2023-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AGREEMENT BETWEEN CITY OF
TEMECULA AND RANCON COMMERCE CENTER PHASES 2, 3 &
4, INC. IN CONNECTION WITH OVERLAND DRIVE EXTENSION
PROJECT, PW 16-06
2. Authorize the City Manager to approve and execute the agreement
between City of Temecula and Rancon Commerce Center Phases 2, 3 &
4, Inc. in Connection with Overland Drive Extension Project, PW 16-06
in substantially the form attached to the agenda report, and take all
4
necessary actions to effectuate the transactions described in the
agreement.
10. Approve Mitigation Credit Purchase Agreement and Acknowledgement with RBV Mitigation
Credits, LLC for the Santa Gertrudis Creek Trail Phase II - Margarita Road UndercrossiM
PW 19-04
11.
12.
Recommendation
That the City Council approve the mitigation credit purchase agreement
and acknowledgement between RBV Mitigation Credits, LLC and the
City of Temecula for the purchase of mitigation credits with Barry Jones
Wetland Mitigation Bank, in the amount of $31,350 for the Santa
Gertrudis Creek Trail Phase II - Margarita Road Undercrossing,
PW 19-04.
Award Construction Contract to LDCo, Inc. for the Mary Phillips Senior Center Enhancement
and Renovation, PW20-13
Recommendation: That the City Council:
1. Award a construction contract to LDCo, Inc., in the amount of
$1,286,000, for the Mary Phillips Senior Center Enhancement and
Renovation, PW20-13; and
2. Authorize the City Manager to approve contract change orders up to
25% of the contract amount, $321,500; and
3. Make a finding that the Mary Phillips Senior Center Enhancement and
Renovation, PW20-13 project is exempt from Multiple Species Habitat
Conservation Plan (MSHCP) fees.
Accept Improvements and File the Notice of Completion for Ronald Reagan Sports Park
Restroom Expansion and Renovation Project, PW18-03
Recommendation: That the City Council:
1. Accept the Design, Fabrication, Purchase and Installation of the
Ronald Reagan Sports Park Restroom Expansion and Renovation Project,
PW 18-03 by Public Restroom Company as complete; and
2. Direct the City Clerk to file and record the Notice of Completion for
Public Restroom Company; and
3. Release Public Restroom Company's Labor and Materials Bond seven
months after filing the Notice of Completion if no liens have been filed;
and
4. Accept the construction of the Ronald Reagan Sports Park Restroom
Expansion and Renovation Project, PW18-03; as complete; and
5. Direct the City Clerk to file and record the Notice of Completion for IE
General Engineering Inc. and release the performance bond; and
6. Release IE General Engineering Inc.'s Labor and Materials Bond seven
months after filing the Notice of Completion if no liens have been filed.
RECESS:
At 6:50 PM, the City Council recessed and convened as the Temecula Community Services District
Meeting and Joint Temecula Public Financing Authority and City Council Meeting. At 7:04 PM the
City Council resumed with the remainder of the City Council Agenda.
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
16. Adont Resolutions of Necessitv for Acauisition by Eminent Domain of Certain Real Pronert
Interests for Public Purposes on Assessor's Parcel Numbers 957-150-005 and 957-090-019 in
Connection with the Construction of Public Street, Drainage, Access and Related Improvements,
and all Uses Necessary or Convenient Thereto for the Proposed Extension of Nicolas Road from
Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection
Recommendation: That the City Council:
1. Consider the following Resolutions, which are Resolutions of
Necessity of the City of Temecula, declaring certain real property
interests necessary for public purposes and authorizing the acquisition
thereof for public use in connection with the construction of public street,
drainage, access, public utility and related improvements, and all uses
necessary or convenient thereto for the proposed extension of Nicolas
Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road
Connection:
RESOLUTION NO. 2023-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS
NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE PUBLIC
STREET, DRAINAGE, ACCESS AND RELATED IMPROVEMENTS
FOR THE NICOLAS ROAD FROM BUTTERFIELD STAGE ROAD
TO THE CALLE GIRASOL/NICOLAS ROAD CONNECTION
(CERTAIN PROPERTY INTERESTS ON APN 957-150-005) AND
MAKING FINDINGS THAT NO FURTHER ENVIRONMENTAL
REVIEW IS REQUIRED PURSUANT TO SECTION 15162 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES
AND SECTION 21166 OF THE PUBLIC RESOURCES CODE
RESOLUTION NO. 2023-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS
NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE PUBLIC
STREET, DRAINAGE, ACCESS AND RELATED IMPROVEMENTS
FOR THE NICOLAS ROAD FROM BUTTERFIELD STAGE ROAD
TO THE CALLE GIRASOL/NICOLAS ROAD CONNECTION
(CERTAIN PROPERTY INTERESTS ON APN 957-090-019) AND
MAKING FINDINGS THAT NO FURTHER ENVIRONMENTAL
REVIEW IS REQUIRED PURSUANT TO SECTION 15162 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES
AND SECTION 21166 OF THE PUBLIC RESOURCES CODE
2. Open and conduct a hearing on the adoption of the proposed
Resolutions of Necessity, receive from City Staff the evidence stated and
referred to in this Agenda Report ("Report"), take testimony from any
person wishing to be heard on issues A, B, C, and D below, and consider
all evidence to determine whether to adopt the proposed Resolutions of
Necessity, each of which requires the City Council's separate
consideration and determination.
3. If the City Council finds, based on the evidence contained and referred
to in this Report, the testimony and comments submitted to the City
Council, that the evidence warrants the necessary findings with respect to
the proposed Resolutions of Necessity, then City Staff recommends that
the City Council, in the exercise of its discretion, adopt proposed
Resolutions of Necessity, each of which requires a 4/5ths vote of the
entire City Council, authorizing the acquisition by eminent domain of the
Subject Property Interests summarized below and described more
particularly in the Exhibits to each Resolution of Necessity:
(i) Jose Leonardo Garcia & Mayerling Alida Monteros-Garcia — 31270
Tommy Lane, Temecula (APN 957-150-005 — Garcia Parcel)
-An approximate 26,957 square foot permanent maintenance and access
easement described more particularly on ATTACHMENT A and depicted
on ATTACHMENT B.
-An approximate 31,520 square foot temporary construction easement
with a term of twelve months is described more particularly on
ATTACHMENT A-1 and depicted on ATTACHMENT B-1.
The approximate 26,957 square foot permanent maintenance and access
easement and the approximate 31,520 square foot temporary construction
easement the City seeks to acquire on the Garcia Parcel are referred to
below collectively as the "Garcia Property Interests". The Garcia
Property Interests are located on the portions of the Garcia Property
within the Long Valley Wash, a natural flood control channel.
(ii) Sohan Singh and Kuldip Kaur Singh — 39280 Deputy Road, Temecula
(APN 957-090-019 — Singh Parcel)
-An approximate 16,956 square foot permanent maintenance and access
easement described more particularly on ATTACHMENT C and depicted
on ATTACHMENT D.
-An approximate 648.59 square foot public utility easement in favor of
Southern California Edison described more particularly on
ATTACHMENT C-1 and depicted on ATTACHMENT D-1.
-An approximate 29,630 square foot temporary construction easement
with a term of twelve months to facilitate the construction of the Project
with a covenant that would authorize the construction of certain rip -rap
and related improvements to protect the related street and drainage
improvements from erosion and flooding and to construct an access
driveway to the Nicolas Road improvements described more particularly
on ATTACHMENT C-2 and depicted on ATTACHMENT D-2.
The approximate 16,956 square foot permanent maintenance and access
easement and the approximate 29,630 square foot temporary construction
easement with a term of twelve months with a covenant that would
authorize the construction of certain drainage, rip -rap and related
improvements to protect the related street and drainage improvements
from erosion and flooding and to construct an access driveway to the
Nicolas Road improvements, and the approximate 648.59 square foot
public utility easement in favor of Southern California Edison on the
Singh Parcel are referred to below collectively as "Singh Property
Interests". The permanent maintenance and access easement and the
temporary construction easement are located on the portions of the Singh
Parcel within the Long Valley Wash, a natural flood control channel. A
rough depiction of the improvements that will be constructed within the
Permanent Maintenance and Access Easement and the Temporary
Construction Easement is attached as ATTACHMENT E and
incorporated herein by this reference.
4. If the City Council adopts the proposed Resolutions of Necessity,
authorize the City Attorney's Office to file and prosecute eminent domain
proceedings for the acquisition of the Subject Property Interests by
eminent domain.
5. Authorize the City Manager to execute all necessary documents.
6. Authorize the City Clerk to certify the adoption of the Resolutions of
Necessity.
Approved the Staff Recommendation (5-0): Motion Kalfus, Second by Brown. The vote
reflected unanimous approval.
BUSINESS
17. Consider Term Limits for City Council Members (At the Request of Council Member Kalfus)
Recommendation: That the City Council consider term limits for City Council Members and
provide general direction regarding the same.
Motion to approve the placement of term limits on the November 2024 ballot, with a lifetime of
three (3) four (4) year terms: (4-1): Motion Kalfus, Second by Alexander. The vote reflected
unanimous approval with Schwank opposing.
DEPARTMENTAL REPORTS (RECEIVE AND FILE)
18. City Council Travel/Conference Report
ITEMS FOR FUTURE CITY COUNCIL AGENDAS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
The City Attorney stated there was no reportable actions from closed session.
ADJOURNMENT
At 7:58 PM, the City Council meeting was formally adjourned to Tuesday, February 28, 2023, at 4:30
PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000
Main Street, Temecula, California.
Zak Schwank, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
Adjourned in Memory of
Richard "Dick" Fox
9
Item No. 3
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: February 28, 2023
SUBJECT: Approve List of Demands
PREPARED BY: Pam Espinoza, Accounting Technician II
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO.
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.2023-
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 $ 15,152,449.53.
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 28th day of February, 2023.
Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 28th day of February, 2023, 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
01/31/2023 TOTAL CHECK RUN:
02/02/2023 TOTAL CHECK RUN:
02/07/2023 TOTAL CHECK RUN:
02/09/2023 TOTAL CHECK RUN:
264,957.13
4,994,029.38
151,980.92
9,741,482.10
TOTAL LIST OF DEMANDS FOR 02/28/2023 COUNCIL MEETING: 15,152,449.53
DISBURSEMENTS BY FUND: CHECKS
001 GENERAL FUND
110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT
140 COMMUNITY DEV BLOCK GRANT
165 RDA AFFORDABLE HOUSING 20% SET ASIDE
190 TEMECULA COMMUNITY SERVICES DISTRICT
194 TCSD SERVICE LEVEL D REFUSE RECYCLING
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
197 TEMECULA LIBRARY FUND
210 CAPITAL IMPROVEMENT PROJECTS FUND
300 INSURANCE FUND
305 WORKER'S COMPENSATION
320 INFORMATION SYSTEMS
325 TECHNOLOGY REPLACEMENT FUND
330 CENTRAL SERVICES
340 FACILITIES
472 CFD 01-2 HARVESTON A&B DEBT SERVICE
473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND
475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND
478 CFD 16-01 RORIPAUGH PHASE II
503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH
528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK
700 CERBT CALIFORNIA EE RETIREE-GASB45
701 PENSION RATE STABILIZATION FUND
TOTAL BY FUND:
949,299.69
309.15
6,811.70
5,967.23
249,993.92
4,677,909.77
1,418.34
8,015.30
2,609,082.80
22,880.76
6,563.92
113,371.54
531.08
9,539.46
24254.68
400:675.13
399,235.48
956,314.23
161,437.25
374,219.39
2,161,037.43
194.67
114.37
417.17
473.07
12,382.00
2,000,000.00
$ 15,152,449.53
15,152,449.53
apChkLst Final Check List Page: 1
01/31/2023 3:44:22PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
503895
2/2/2023
007282 AMAZON CAPITAL SERVICES
MISC SMALL TOOLS & EQUIP: INFO
71.58
INC
TECH
MISC SUPPLIES: TVM: TCSD
-34.70
MISC SUPPLIES: TVM: TCSD
136.81
MISC OFC SUPPLIES: POLICE
-96.66
MISC BOOKS: RHRTPL: TCSD
18.27
MISC SUPPLIES: BLDG & SAFETY
104.70
MISC SUPPLIES: PLANNING
114.76
MISC BOOKS: RHRTPL: TCSD
374.76
MISC SUPPLIES: SPORTS: TCSD
299.63
989.15
503896
2/2/2023
004240 AMERICAN FORENSIC NURSES
DRUG/ALCOHOL ANALYSIS: TEM
248.04
AFN
SHERIFF
DRUG/ALCOHOL ANALYSIS: TEM SF
620.10
868.14
503897
2/2/2023
021959 AMERICAN HEART
CPR SUPPLIES: MEDIC: FIRE DEPT
1,955.00
1,955.00
ASSOCIATION INC
503898
2/2/2023
000936 AMERICAN RED CROSS,
STAFF/LIFEGUARDS CERTS:
328.00
HEALTH AND SAFETY SVCS
AQUATICS
STAFF/LIFEGUARDS CERTS: AQUAI
725.85
1,053.85
503899
2/2/2023
020691 ANN M HOWELL, DBAANN
GRAPHIC DSGN SVCS: CITY MGR
42.50
42.50
HOWELL DESIGN
503900
2/2/2023
012951 APPLIED DEVELOPMENT
QUALITY OF LIFE MASTER PLAN:
1,025.00
1,025.00
ECONOMICS
PLANNING
503901
2/2/2023
013950 AQUA CHILL OF SAN DIEGO
JAN DRINKING WTR SYS MAINT:
68.96
68.96
AQUATICS
503902
2/2/2023
023030 ARJONA, GLORIA
STTLMNT: BRAZILIAN & LATIN JAZZ
1,111.05
1,111.05
1/20
503903
2/2/2023
021400 AYERS ELECTRIC INC
ELECTRICAL REPAIRS: HARVESTON
400.00
400.00
LAKE
503904
2/2/2023
017149 B G P RECREATION INC
TCSD INSTRUCTOR EARNINGS
1,249.50
TCSD INSTRUCTOR EARNINGS
1,852.20
3,101.70
503905
2/2/2023
011666 B P S TACTICAL INC
TACTICAL VEST/COVERS: TEM
603.56
603.56
SHERIFF
503906
2/2/2023
022651 BRAND ASSASSINS
DOOR GRAPHICS: PD OT
440.31
STOREFRONT -
MILITARY BANNER PROGRAM: TCSI
712.25
BANNER: GROUNDBREAKING: ECOI
391.50
1,544.06
503907
2/2/2023
021588 BRAUN PETER, DBA
JAN PLANTSCAPE SVC: LIBRARY
200.00
200.00
TEMECULA PLANTSCAPE
Page:1
apChkLst Final Check List Page: 2
01/31/2023 3:44:22PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK (Continued)
Check # Date Vendor Description Amount Paid Check Total
503908 2/2/2023 022670 BROWN, JAMAL DEON, DBA TCSD INSTRUCTOR EARNINGS 245.00 245.00
JDB TRAINING
503909 2/2/2023
021502 BUCHER, BRET PHILLIP
TCSD INSTRUCTOR EARNINGS
548.63
TCSD INSTRUCTOR EARNINGS
630.00
1,178.63
503910 2/2/2023
004248 CALIF DEPT OF
AUG & OCT BLOOD & ALCOHOL
140.00
JUSTICE-ACCTING
ANALYSIS: PD
DEC BLOOD & ALCOHOL ANALYSIS:
1,295.00
DEC FINGERPRINTING SVCS: PD
3,096.00
DEC FINGERPRINTING SVCS: HR
539.00
DEC FINGERPRINTING SVCS: TCSD
294.00
5,364.00
503911 2/2/2023
004462 CDW LLC, DBA CDW
MISC SMALL TOOLS & EQUIP:IT
-943.53
GOVERNMENT LLC
MISC SMALL TOOLS & EQUIP: INFO
479.26
DIAGRAM SOFTWARE: COMMUNITY
42.83
MISC SMALL TOOLS & EQUIP: INFO
92.22
WIFI REPLACEMENT: OLD TOWN: II`
3,845.92
MISC SMALL TOOLS & EQUIP: IT
173.97
MISC SMALL TOOLS & EQUIP: IT
1,281.65
KEYBOARD & MOUSE REPLACEMEr
925.08
MISC SMALL TOOLS & EQUIP: INFO
102.44
MISC SMALL TOOLS & EQUIP: INFO
78.35
6,078.19
503912 2/2/2023
020457 CLARITAS HOLDINGS INC, DBA
SPOTLIGHT TRANSACTIONAL
500.00
500.00
CLARITAS LLC
REPORTS: ECO DEV
503913 2/2/2023
017542 COX, KRISTI LYN
TCSD INSTRUCTOR EARNINGS
336.00
TCSD INSTRUCTOR EARNINGS
140.00
TCSD INSTRUCTOR EARNINGS
280.00
TCSD INSTRUCTOR EARNINGS
112.00
TCSD INSTRUCTOR EARNINGS
336.00
1,204.00
503914 2/2/2023
010650 CRAFTSMEN PLUMBING &
PLUMBING SVCS: STA73: FIRE
276.38
HVAC INC
PLUMBING SVCS: STA 73: FIRE
287.86
PLUMBING SVCS: STA 73: FIRE
430.00
PLUMBING SVCS: CIVIC CENTER
302.32
PLUMBING SVCS: STA84: FIRE
1,121.00
2,417.56
503915 2/2/2023
011870 CRIME SCENE STERI CLEAN
BIO-HAZARD CLEAN UP: TEM SHERIFF
850.00
850.00
LLC
503916 2/2/2023
003945 DIAMOND ENVIRONMENTAL
ADA RESTROOM: MORAGA RD
325.76
SRVCS
TEMPORARY FENCING: MCCABE C-
95.00
PORTABLE RESTROOMS: RANCHO
39.87
460.63
Paget
apChkLst Final Check List Page: 3
01/31/2023 3:44:22PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK (Continued)
Check # Date Vendor Description
Amount Paid Check Total
503917 2/2/2023 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: TCSD
156.79
FUEL FOR CITY VEHICLES: STREET
1,290.39
FUEL FOR CITY VEHICLES: CIP: PW
124.70
FUEL FOR CITY VEHICLES: FIRE DE
117.96
FUEL FOR CITY VEHICLES: TRAFFIC
359.96
FUEL FOR CITY VEHICLES: POLICE
218.85
FUEL FOR CITY VEHICLES: PARK M,
1,582.44 3,851.09
503918 2/2/2023 020904 ECONOMIC ALTERNATIVES INC JAN WTR SYST MAINT: CIVIC CTR
538.67 538.67
503919
2/2/2023
009618
ENNIS FLINT INC
MISC MAINT SUPPLIES: STREETS: PW
1,190.00
1,190.00
503920
2/2/2023
004890
GOLDEN STATE FIRE
FIRE SPRINKLER MAINT: STA95: FIRE
919.00
PROTECTION
DEPT
FIRE SPRINKLER MAINT: STA73: FIF
990.00
1,909.00
503921
2/2/2023
003792
GRAINGER
SMALL TOOLS & EQUIPMENT: PARKS
229.79
229.79
503922
2/2/2023
000520
HDL COREN AND CONE
JAN-MAR PROP TAX CONSULTING:
6,557.69
6,557.69
FINANCE
503923
2/2/2023
006914
INNOVATIVE DOCUMENT
DEC COPIER MAINT/REPAIR/USAGE:
377.40
SOLUTIONS
CITYWIDE
DEC COPIER MAINT/REPAIR/USAGE
2,262.21
2,639.61
503924
2/2/2023
019085
INTERPRETERS UNLIMITED
PHONE INTERPRETER SVCS: TEM
33.75
33.75
INC
SHERIFF
503925
2/2/2023
013127
JEFFREY STOVER ONSTAGE,
STTLMNT: RAT PACK 01/15/23
7,362.81
7,362.81
MUSICALS
503926
2/2/2023
011841
JOE RHODES MAINTENANCE,
FUEL PUMP MAINT: STA 95: FIRE
4,543.49
SERVICE INC
FUEL PUMP MAINT: STA92: FIRE
532.60
FUEL PUMP MAINT: STA95: FIRE
454.41
5,530.50
503927
2/2/2023
020249
LAUND3R.COM LLC
LAUNDRY SVCS: MPSC: TCSD
214.40
LAUNDRY SVCS: MPSC: TCSD
56.25
270.65
503928
2/2/2023
000482
LEIGHTON CONSULTING INC
MATERIALS TESTING SVCS: RRSP:
109.25
P W 18-03
MATERIALS TESTING SVCS: PW21-'
6,897.50
GEOTECHNICAL SVCS: PA22-0987: F
3,831.00
GEOTECHNICAL SVCS: PA22-0830: F
5,500.00
GEOTECHNICAL REVIEW: PA22-099:
4,368.00
20,705.75
503929
2/2/2023
022664
MARIPOSATREE
TREE SVCS: FOC: PARKS
2,723.75
2,723.75
MANAGEMENT INC
Page:3
apChkLst Final Check List Page: 4
01/31/2023 3:44:22PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
503930
2/2/2023
004043
MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: CIVIC CTR
289.06
INC
ELECTRICAL SUPPLIES: PARKS: PV\
224.85
ELECTRICAL SUPPLIES: PARKS: PV\
42.02
ELECTRICAL SUPPLIES: PARKS: PV\
977.99
ELECTRICAL SUPPLIES: PARKS: PV\
130.50
ELECTRICAL SUPPLIES: CIVIC CEN-
423.31
ELECTRICAL SUPPLIES: CIVIC CTR
69.94
2,157.67
503931
2/2/2023
004040
MORAMARCO ANTHONY J,
TCSD INSTRUCTOR EARNINGS
490.00
490.00
DBA BIGFOOT GRAPHICS
503932
2/2/2023
019019
MUSIC CONNECTION LLC
SPEAKEASY @ THE MERC 1.14.23
590.80
590.80
503933
2/2/2023
002925
NAPAAUTO PARTS
AUTO PARTS & MISC SUPPLIES: FIRE
465.43
STA 12
AUTO PARTS & MISC SUPPLIES: FIF
454.55
919.98
503934
2/2/2023
020555
NEXTECH SYSTEMS INC
TRAFFIC SIGNAL SUPPLIES: STREETS:
2,844.05
2,844.05
PW
503935
2/2/2023
022599
NIEVES LANDSCAPE INC
IRRIGATION REPAIRS: VAIL RANCH
215.53
IRRIGATION REPAIRS: HARVESTON
412.41
IRRIGATION REPAIRS: VAIL RANCH
2O1.64
IRRIGATION REPAIRS: LAKE PRK
138.77
IRRIGATION REPAIRS: WOLF CREEL
305.57
IRRIGATION REPAIRS: MIRADA
114.37
IRRIGATION REPAIRS: WOLF CREEL
167.50
IRRIGATION REPAIRS: LAKE PRK
114.37
1,670.16
503936
2/2/2023
021998
OLD TOWN TIRE AND SERVICE
VEHICLE MAINT: STREETS: PW
52.11
52.11
INC
503937
2/2/2023
015931
PAST PERFECT SOFTWARE
SFTWR SUPPORT RENEWAL: TVM
1,245.00
1,245.00
INC
:TCSD
Page:4
apChkLst Final Check List Page: 5
01/31/2023 3:44:22PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
503938
2/2/2023
005075
PRUDENTIAL OVERALL
UNIFORM SVCS: PARK MAINT: PW
63.29
SUPPLY
FLOOR MATS/TOWEL RENTALS: FO,
10.28
FLOOR MATS/ TOWEL RENTALS: TC
14.32
FLOOR MATS/TOWEL RENTALS:CHI
22.73
UNIFORM SVCS: STREET MAINT: P�
6.93
FLOOR MATS/TOWEL RENTAL: JRC
10.07
FLOOR MATS/ TOWEL RENTALS: LIE
19.88
FLOOR MATS/TOWEL RENTALS: TVI
12.74
UNIFORM SVCS: STREET MAINT: Pb
16.17
UNIFORM SVCS: PARK MAINT: PW
4.62
UNIFORM SVCS: STREET MAINT: P�
16.17
UNIFORM SVCS: PARK MAINT: PW
4.62
FLOOR MATS/TOWEL RENTALS: TC(
14.32
FLOOR MATS/TOWEL RENTALS: THI
9.89
226.03
503939
2/2/2023
022537
REFRIGERATION SUPPLIES,
MISC HVAC SUPPLIES: FIRE STA92
177.43
DISTRIBUTOR
MISC HVAC SUPPLIES: STA95
40.37
MISC HVAC SUPPLIES: FIRE STA84
44.70
MISC HVAC SUPPLLIES: STA 95: FIR
220.05
MISC HVAC SUPPLIES: FIRE STA 73
34.17
516.72
503940
2/2/2023
004274
SAFE AND SECURE
LOCKSMITH SVCS: TVM
39.15
39.15
LOCKSMITH SRVC
503941
2/2/2023
009213
SHERRY BERRY MUSIC
JAZZ @ THE MERC 1/12/23
575.00
JAZZ @ THE MERC 1/19/23
434.00
1,009.00
503942
2/2/2023
013482
SILVERMAN ENTERPRISES
01/01-01/31 SECURITY: ROTATING
5,601.25
5,601.25
INC, DBA BAS SECURITY
PARKS
503943
2/2/2023
009452
EMPLOYEE #00427
REIMB:SUPPLIES FOR COMMUNITY
159.85
159.85
THEATER
503944
2/2/2023
021603
TITAN RENTALS GROUP INC,
RENTALS: SPECIAL EVENTS: STA 12:
592.40
592.40
TITAN TENT & EVENT RENTAL
FIRE
503945
2/2/2023
019100
TNT ENTERTAINMENT GROUP
DJ/MC SOUND SVCS: ART OF THE
350.00
350.00
LLC
WALLS
503946
2/2/2023
010046
TV CONVENTION &VISITORS
NOV'22 BUS. IMPRV DISTRICT
151,917.92
151,917.92
BUREAU, DBA VISIT TEMECULA ASMNTS
VALLEY
503947
2/2/2023
018147
WADDLETON, JEFFREY L.
DJ/MC SVCS: SCOOTER JAM: TCSD
525.00
525.00
Page:5
apChkLst Final Check List Page: 6
01/31/2023 3:44:22PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
503948 2/2/2023 020275 WALLACE & ASSOC
CONSULTING LLC, ANSER
ADVISORY MNGMT LLC
(Continued)
Description
Amount Paid Check Total
CONST INSP SVC: CITYWIDE SLURRY 7,590.00
SEAL
MISC PROJ INSP & OVERSIGHT: CIF 1,656.00
Grand total for EFT UNION BANK:
9,246.00
264, 957.13
Page:6
apChkLst Final Check List Page: 7
01/31/2023 3:44:22PM CITY OF TEMECULA
54 checks in this report.
Grand Total All Checks: 264,957.13
Page:7
apChkLst Final Check List Page: 1
02/02/2023 2:07:18PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date
Vendor
Description
Amount Paid
Check Total
14471 10/20/2022
002390
EASTERN MUNICIPAL WATER
SEPT WATER SVCS: 32101 SOMMERS
177.61
177.61
DIST
BEND
14672 1/10/2023
006887
UNION BANK OF CALIFORNIA
019588
VERIATO, INC.
MONITORING SFTWR RENEWAL: INFO
150.00
TECH
009097
FULL COMPASS SYSTEMS
SPEAKER POLES: INFO TECH
94.62
244.62
14678 1/10/2023
006887
UNION BANK OF CALIFORNIA
006952
PAYPAL
VERISIGN PAYFLOW PRO
25.00
TRANSACTION: FIN
023189
AMBIENT BEAN, LLC
RFRSHMENTS: TREE LIGHTING: TCSD
1,100.00
000154
C S M F O
CONF REGISTRATION: FINANCE
470.00
018569
ARTINA GROUP INC THE, DBA
MUNIS IMPLEMENT: BLANK CHECK
226.86
1,821.86
TYLER BUSINESS FORMS
STOCK
14683 1/10/2023
006887
UNION BANK OF CALIFORNIA
017736
FEAST CALIFORNIA CAFE LLC,
RFRSHMNTS: TREE DECO: TEAM
972.64
DBA CORNER BAKERY CAFE
PACE
002377
BEST BUY COMPANY INC
EMPLOYEE RECOGNITION: HR
625.86
004905
LIEBERT, CASSIDYAND
WEBINAR: HR TRAINING
475.00
WHITMORE
020792
CANVA.COM
ANNUAL SUBSCRIPTION: HR
119.40
008668
WES FLOWERS
SUNSHINE FUND
101.99
023190
DOORDASH
SUBSCRIPTION REIMB BY EMPLOYEE
96.00
002377
BEST BUY COMPANY INC
EMPLOYEE RECOGNITION: HR
173.99
006937
SOUTHWEST AIRLINES
AIRFARE: PARMACONF: RISK MGMT
150.83
006937
SOUTHWEST AIRLINES
AIRFARE: PARMACON F: RISK MGMT
150.83
023041
SQUARE GROVE LLC, DBA
EQUIP: ERGONOMIC DESKS
1,611.68
4,478.22
UPLIFT DESK
14769 12/27/2022
001212
SO CALIF GAS COMPANY
VARIOUS NOV SO CAL GAS
2,669.83
2,669.83
14770 1/26/2023 001035 C RAND R INC JUL- DEC'22 TRASH HAULING SVCS 4,676,112.54 4,676,112.54
14774 2/2/2023 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 138.92 138.92
SUPPORT
14775 2/2/2023 021301 1 C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 384.62 384.62
106474 PAYMENT
Page:1
apChkLst
02/02/2023
2:07:18PM
Final Check List
CITY OF TEMECULA
Page: 2
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
14776
2/2/2023
000194
1 C M A RETIREMENT -PLAN
ICMA-RC RETIREMENT TRUST 457
19,893.22
19,893.22
303355
PAYMENT
14779
2/2/2023
001065
NATIONWIDE RETIREMENT
NATIONWIDE RETIREMENT PAYMENT
15,371.21
15,371.21
SOLUTION
14780
2/2/2023
019088
NATIONWIDE RETIREMENT
NATIONWIDE LOAN REPAYMENT
427.79
427.79
SOLUTION
PAYMENT
14781
2/2/2023
000389
NATIONWIDE RETIREMENT
OBRA- PROJECT RETIREMENT
3,697.82
3,697.82
SOLUTION
PAYMENT
14784
2/1/2023
017432
EYEMED VISION CARE
VISION PLAN
1,933.68
1,933.68
14787
2/1/2023
000444
INSTATAX (EDD)
4TH QTR 2022 UI & ETT PAYMENT
3,095.05
3,095.05
211345
2/2/2023
003951
ALL AMERICAN ASPHALT
CONST CONTRACT SVC: YNEZ RD
VOID
VOID
PW21-10
211346
2/2/2023
023203
ANGEL TAPIA, TAPS TACO
RFRSHMNTS: INNOVATION MONTH:
710.00
710.00
CATERING INC
TVE2
211347
2/2/2023
000101
APPLE ONE INC
JAN TEMP HELP: FINANCE DEPT
12,021.48
12,021.48
211348
2/2/2023
022888
ARAMARK SERVICES INC, DBA
RFRSHMNT SVCS: FOC: PW
743.54
ARAMARK REFRESHMENT
RFRSHMNT SVCS: CITY HALL: PW
643.96
RFRSHMNT SVCS: FOC: PW
104.68
1,492.18
211349
2/2/2023
021689
ASCENT ENVIRONMENTAL INC
SEIR: TEM VLY HOSPITAL: PA22-0105
1,451.38
1,451.38
211350
2/2/2023
011954
BAKER AND TAYLOR INC
BOOK COLLECTIONS: RHRTPL: TCSD
788.24
BOOK COLLECTIONS: RHRTPL: TCS
396.97
BOOK COLLECTIONS: RHRTPL: TCS
78.67
BOOK COLLECTIONS: RHRTPL: TCS
20.12
BOOK COLLECTIONS: RHRTPL: TCS
18.74
BOOK COLLECTIONS: RHRTPL: TCS
16.84
1,319.58
211351
2/2/2023
015592
BAMM PROMOTIONAL
STAFF APPAREL: COUNCIL: TCSD
277.31
PRODUCTS INC
UNIFORM EMBOIDERY: CODE ENFF
203.36
480.67
211352
2/2/2023
018185
BLUEBEAM INC
SOFTWARE RENEWAL: BUILDING &
1,257.00
1,257.00
SAFETY
211353
2/2/2023
001323
BLUETRITON BRANDS INC,
WATER DLVRY SVCS: SKATE PARK
23.38
DBA READYREFRESH
WATER DLVRY SVCS: TES POOL
20.43
43.81
Paget
apChkLst
02/02/2023
2:07:18PM
Final Check List
CITY OF TEMECULA
Page: 3
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211354
2/2/2023
023103
BRINKERS, VALERIA G.
IKEBANA WORKSHOP: TVM: TCSD
250.00
250.00
211355
2/2/2023
023191
CBIZ OPERATIONS, INC, DBA
PROPERTY APPRAISAL SVCS: RISK
18,610.00
18,610.00
CBIZ VALUATION, LLC
MGMT
211356
2/2/2023
009640
CERTIFION CORP DBA
JAN ONLINE DATABASE SUBSCR:
200.00
200.00
ENTERSECT
POLICE
211357
2/2/2023
012627
CLEAR IMAGE ENTERPRISES
WINDOW CLEANING SVC: TVE2: PW
395.00
395.00
INC, DBA:CLEAR IMAGE
WINDOW CL
211358
2/2/2023
011922
CORELOGIC INC, DBA
DEC SOFTWARE SUBSCRIPTION:
284.50
284.50
CORELOGIC SOLUTIONS
CODE ENF
211359
2/2/2023
013379
COSSOU, CELINE
TCSD INSTRUCTOR EARNINGS
350.00
350.00
211360
2/2/2023
008533
EMPLOYEE #00381
REIMB: CALED MTG 01/17/23
173.72
173.72
211361
2/2/2023
012600
DAVID EVANS AND
DEC DSGN SVCS: DIAZ RD PROJ
2,722.02
ASSOCIATES INC
PW17-25
ENG SVCS: SANTAGERTRUDIS CRN
4,433.00
7,155.02
211362
2/2/2023
020360
DE NOVO PLANNING GROUP
CONSULTING SVCS:HOUSING
1,448.00
1,448.00
ELEMENT UPDATE
211363
2/2/2023
005901
EXHIBIT ENVOY
EXHIBIT RENTAL: TCSD 1/22/23-3/19/23
500.00
500.00
211364
2/2/2023
000165
FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: INFO TECH
16.06
16.06
211365
2/2/2023
002982
FRANCHISE TAX BOARD
SUPPORT PAYMENT
50.00
50.00
211366
2/2/2023
018858
FRONTIER CALIFORNIA INC
JAN INTERNET SVCS: CITY HALL
VOID
DEC INTERNET SVCS: CITY HALL
VOID
VOID
211367
2/2/2023
016184
FUN EXPRESS LLC
MISC SUPPLIES: SPECIAL EVENTS:
176.08
176.08
TCSD
211368
2/2/2023
019721
GOVCONNECTION INC
DBL CREDIT TAKEN: TELECONF
531.08
531.08
EQUIPMNT
211369
2/2/2023
013749
HELIXSTORM INC
ANTIVIRUS PALTO ALTO NETWORK: IT
20,400.00
FIREWALL RENEWAL: VARI SITES
5,507.80
25,907.80
211370
2/2/2023
003198
HOME DEPOT
HARDWARE SUPPLIES: CRC & TCC
330.56
HARDWARE SUPPLIES: TVM: TCSD
21.78
352.34
Page:3
apChkLst
Final Check List
Page: 4
02/02/2023
2:07:18PM
CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211371
2/2/2023
022569
INLAND FLEET SOLUTIONS INC
VEHICLE REPAIRS: STREETS: PW
141.75
VEHICLE REPAIRS: STREETS: PW
141.75
VEHICLE REPAIRS: STREETS: PW
72.50
356.00
211372
2/2/2023
021896
JP HANDMADE CORP, DBA
LETTERHEAD ENVELOPES: CODE
354.75
354.75
MINUTEMAN PRESS
ENFORCEMENT
211373
2/2/2023
023201
KIRIAKOS, ELLEN
CLAIMS RELEASE SETTLEMENT
169.00
169.00
211374
2/2/2023
003782
MAIN STREET SIGNS, DBA
SIGNS & SUPPLIES: PARKS: PW
168.74
168.74
ATHACO INC
211375
2/2/2023
003076
MET LIFE INSURANCE
DENTAL PAYMENT
13,757.37
13,757.37
COMPANY
211376
2/2/2023
016353
MEYERS NAVE, A
APPEAL SVCS: THE BANK
3,752.00
3,752.00
PROFESSIONAL CORP
211377
2/2/2023
021515
EMPLOYEE #00587
REIMB: TEAM PACE
151.61
151.61
211378
2/2/2023
018461
PACIFIC PRODUCTS &
SIGN ANCHORS: STREETS: PW
2,871.23
2,871.23
SERVICE LLC
211379
2/2/2023
020472
PARKING LOGIX INC
EMBEDDED SENSORS: OLD TOWN
3,035.00
3,035.00
PARKING
211380
2/2/2023
021026
QUESTICA LTD
BUDGET SFTWR SUBSCRIPTION:
7,312.50
7,312.50
FINANCE
211381
2/2/2023
020127
QUINN COMPANY
GENERATOR MAINT: CIVIC CENTER
1,349.18
GENERATOR MAINT: FOC
1,292.59
GENERATOR MAINT: LIBRARY
1,023.65
3,665.42
211382
2/2/2023
001364
R C P BLOCK & BRICK INC
MISC MASONRY SUPPLIES: PARKS:
141.23
141.23
PW
211383
2/2/2023
002176
RANCHO CALIF BUS PK ASSOC
BUSINESS PARK ASSOC DUES
276.48
276.48
211384
2/2/2023
011853
RANCON COMMERCE CNTR
BUS PK ASSN DUE: OVRLND PRJT
286.38
PH2,3&4
BUS PK ASSN DUE: OVRLND PRJT
228.14
BUS PK ASSN DUE: OVRLND PRJT
203.86
718.38
211385
2/2/2023
000411
RIVERSIDE CO FLOOD
FVP PHASE II: PW16-01: CIP
1,554.45
1,554.45
CONTROLAND, WATER
CONSERVATION DIST
Page:4
apChkLst
02/02/2023
2:07:18PM
Final Check List
CITY OF TEMECULA
Page: 5
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211386
2/2/2023
001365
RIVERSIDE, COUNTY OF,
PERMIT RENEWAL: FOC
1,828.00
1,828.00
ENVIRONMENTAL HEALTH
DEPT
211387
2/2/2023
013375
EMPLOYEE #00474
REIMB: RFRSHMNTS: DEPUTIES
181.34
181.34
211388
2/2/2023
017699
SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: CITY MGR:
100.00
PRESTON
TCSD
PHOTOGRAPHY SVCS: VISIT TEME(
100.00
200.00
211389
2/2/2023
022929
SCP DISTRIBUTORS LLC, DBA
MISC POOL SUPPLIES: AQUATICS: PW
565.74
565.74
LINCOLN AQUATICS
211390
2/2/2023
020922
EMPLOYEE #00529
REIMB: PTSC COMMISSION: TRAFFIC
80.04
80.04
211391
2/2/2023
000537
SO CALIF EDISON
RELOCATE TRANSFORMER: PW17-28:
37,408.42
37,408.42
CIP
211392
2/2/2023
000519
SOUTH COUNTY PEST
PEST CONTROL SVCS: HARVESTON
95.00
95.00
CONTROL INC
PK
211393
2/2/2023
007762
STANDARD INSURANCE
BASIC LIFE INSURANCE PAYMENT
11,220.73
11,220.73
COMPANY
211394
2/2/2023
012723
STANDARD INSURANCE
VOLUNTARY SUPP LIFE INSURANCE
2,537.63
2,537.63
COMPANY
PAYMENT
211395
2/2/2023
008337
STAPLES BUSINESS CREDIT
MISC OFC SUPPLIES: RHRTPL: TCSD
51.97
MISC OFC SUPPLIES: RHRTPL: TCS
50.99
MISC OFC SUPPLIES: CIP: PW
-27.18
75.78
211396
2/2/2023
003000
STATE WATER RESOURCE
STORM WATER PERMIT: 115/FVP:
774.00
774.00
CONTROL, BOARD
PW16-01
211397
2/2/2023
023205
STEVE SCHROEDER, DBAA
FLOWERS: GROUNDBREAKING
765.37
765.37
FAMILY TREE FLORIST
CEREMONY
211398
2/2/2023
022778
TELSCO INDUSTRIES INC, DBA
IRRIGATION CONTROLLER RENEWAL:
49,500.00
WEATHERMATIC
SLOPES
IRRIGATION CONTROLLER RENEW/
23,400.00
72,900.00
211399
2/2/2023
003941
TEMECULA WINNELSON
PLUMBING SUPPLIES: SENIOR
538.87
538.87
COMPANY
CENTER
211400
2/2/2023
020843
TVEYES INC
MEDIA MONITORING:3/1/23-2/28/24
1,500.00
1,500.00
211401
2/2/2023
019793
URBANE CAFE, TGH
RFRSHMNTS: WORKFORCE PRGMS:
95.65
95.65
ENTERPRISES LLC
TCSD
Page:5
apChkLst Final Check List Page: 6
02/02/2023 2:07:18PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
(Continued)
Description
Amount Paid Check Total
211402
2/2/2023
023055
VAN OTTERLOO INC
VEHICLE REPAIR: STREET MAINT: PW
3,463.60
VEHICLE REPAIR: STREET MAINT: F
2,264.79
VEHICLE REPAIR: STREET MAINT: F
917.71
6,646.1C
211403
2/2/2023
007987
WALMART
SUPPLIES: SKATE PARK: CRC
313.42
313.42
211404
2/2/2023
001342
WAXIE SANITARY SUPPLY INC
CLEANING SUPPLIES: THEATER
1,370.47
CLEANING SUPPLIES: CIVIC CTR
95.75
1,466.22
211405
2/2/2023
013556
WESTERN AV
AV EQUIP: OLD TOWN & VARIOUS
8,553.67
8,553.67
FACILITIES:
211406
2/2/2023
023093
WOLFE INTERACTIVE INC
MISC PROMOTIONAL ITEMS: ECO DEV
750.00
750.00
Grand total for UNION BANK:
5,394,819.41
Page:6
apChkLst
02/02/2023 2:07:18PM
Bank: eunion EFT UNION BANK
Check # Date Vendor
503949 2/3/2023 004192 DOWNS ENERGY FUEL
Final Check List
CITY OF TEMECULA
Description Amount Paid
FUEL FOR CITY VEHICLES: PARKS: PW 1,333.71
FUEL FOR CITY VEHICLES: TRAFFIC 292.84
Grand total for EFT UNION BANK:
Page: 7
Check Total
1,626.55
1,626.55
Page:7
apChkLst Final Check List Page: 8
02/02/2023 2:07:18PM CITY OF TEMECULA
77 checks in this report.
Grand Total All Checks: 5,396,445.96
VOID CHECK 211345 400,361.17
VOID CHECK 211366 2,055.41
REVISED GRAND TOTAL: $ 4,994,029.38
Page:8
apChkLst Final Check List Page: 1
02/07/2023 12:55:55PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
Description
503950 2/9/2023 007282 AMAZON CAPITAL SERVICES
MISC OFC SUPPLIES: CITY CLERK
INC
MISC OFC SUPPLIES: EOC
MISC OFC SUPPLIES: ECO DEV
MISC OFC SUPPLIES: CITY MGR
MISC OFC SUPPLIES: PD
MISC OFC SUPPLIES: FINANCE
503951 2/9/2023 004240
AMERICAN FORENSIC NURSES
DRUG/ALCOHOL ANALYSIS: TEM
AFN
SHERIFF
DRUG/ALCOHOL ANALYSIS: TEM SF
503952 2/9/2023 017149
B G P RECREATION INC
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
503953 2/9/2023 022670
BROWN, JAMAL DEON, DBA
TCSD INSTRUCTOR EARNINGS
JDB TRAINING
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
503954 2/9/2023 021502
BUCHER, BRET PHILLIP
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
503955 2/9/2023 001054
CALIF BUILDING OFFICIALS,
MEMBERSHIP RENEWAL: BLDG &
(CALBO)
SAFETY
REGISTRATION: WEBINAR: BLDG &
503956 2/9/2023 022790
CLEARSTAR INC
PRE -EMPLOYMENT SCREENINGS: HR
503957 2/9/2023 017542
COX, KRISTI LYN
TCSD INSTRUCTOR EARNINGS
503958 2/9/2023 004192 DOWNS ENERGY FUEL
503959 2/9/2023 021412 EIDE BAILLY LLP
FUEL FOR CITY VEHICLES: PARKS: PW
FUEL FOR CITY VEHICLES: STREET
FUEL FOR CITY VEHICLES: TRAFFIC
FUEL FOR CITY VEHICLES: BLDG &
FUEL FOR CITY VEHICLES: BLDG IN
FUEL FOR CITY VEHICLES: CIP: PW
FUEL FOR CITY VEHICLES: CODE E
FUEL FOR CITY VEHICLES: TCSD
FUEL FOR CITY VEHICLES: FIRE DE
FUEL FOR CITY VEHICLES: POLICE
FUEL FOR CITY VEHICLES: LAND DI
FUEL FOR CITY VEHICLES: EOC
JAN FINANCIAL STMT AUDIT:
FIELDWORK
Amount Paid
559.90
148.56
115.64
111.52
40.89
29.86
1,420.55
62.01
2,822.40
1,646.40
453.25
245.00
236.25
113.75
672.00
336.00
184.80
295.00
140.00
56.89
360.00
2,021.88
1,695.38
416.88
253.91
225.17
174.31
141.69
137.76
137.43
117.63
114.95
73.92
12, 700.00
Check Total
1,006.37
1,482.56
4,468.80
1,048.25
1,192.80
435.00
56.89
360.00
5,510.91
12,700.00
Page:1
apChkLst Final Check List Page: 2
02/07/2023 12:55:55PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
503960
2/9/2023
002577
ENGINEERING RESOURCES,
FEASBILITY STUDY: BIKE LANE/TRAIL
6,057.50
6,057.50
OF SOUTHERN CALIF., INC.
PRGM
503961
2/9/2023
010804
FEHR AND PEERS
DISCOVERY & CONDITIONS ANALYSIS:
1,945.13
1,945.13
PLANNIN
503962
2/9/2023
022726
FORENSIC NURSES OF SOCAL
SART EXAMS: TEM SHERIFF
1,200.00
INC
SART EXAMS: TEM SHERIFF
800.00
2,000.00
503963
2/9/2023
014865
FREIZE UHLER KIMBERLY DBA,
PROMOTIONAL ITEMS: CITY CLERK
147.96
147.96
CLEAR BLUE PROMOTIONS
503964
2/9/2023
001135
HEALTHPOINTE MEDICAL
MEDICAL SCREENINGS: HR
138.00
GROUP INC, DBA: FIRST CARE
INDUSTRIA
MEDICAL SCREENINGS: HR
50.00
188.00
503965
2/9/2023
012883
JACOB'S HOUSE INC
EMPLOYEE CHARITY DONATIONS
40.00
40.00
PAYMENT
503966
2/9/2023
000482
LEIGHTON CONSULTING INC
MATL'S TESTING SVCS: CRC RENO:
8,173.05
8,173.05
PW19-17
503967
2/9/2023
004905
LIEBERT, CASSIDYAND
DEC HR LEGAL SVCS FOR
3,669.00
W HITMORE
TE060-00019
DEC HR LEGAL SVCS FOR TE060-OC
1,068.00
4,737.00
503968
2/9/2023
010204
M T G L INC
MATERIALS TESTING: PW21-06
1,643.25
1,643.25
503969
2/9/2023
021370
MARK THOMAS AND COMPANY
DEC DSGN CONSULTANT SVCS:
2,927.75
2,927.75
INC
CHERRY ST EXT
503970
2/9/2023
018675
MDGASSOCIATES INC
DEC CDBG PRGMADMIN: PLANNING
5,775.76
DEC CDBG-CV EMER MORTG ASSIS
128.13
DEC LABOR COMPLIANCE SVCS: P\
69.38
5,973.27
503971
2/9/2023
018314
MICHAEL BAKER
DSGN SVCS: TEMECULA PKWY PW
2,304.50
2,304.50
INTERNATIONAL
18-11
503972
2/9/2023
012264
MIRANDA, JULIO C
TCSD INSTRUCTOR EARNINGS
798.00
TCSD INSTRUCTOR EARNINGS
420.00
TCSD INSTRUCTOR EARNINGS
352.80
TCSD INSTRUCTOR EARNINGS
151.20
1,722.00
503973
2/9/2023
004043
MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: CIVIC CTR
150.90
INC
ELECTRICAL SUPPLIES: CHILDREN!
103.83
ELECTRICAL SUPPLIES: CIVIC CTR
51.51
ELECTRICAL SUPPLIES: CIVIC CTR
49.32
ELECTRICAL SUPPLIES: OLD TOWN
38.48
394.04
Paget
apChkLst
02/07/2023
12:55:55PM
Final Check List
CITY OF TEMECULA
Page: 3
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
503974
2/9/2023
004040
MORAMARCO ANTHONY J,
TCSD INSTRUCTOR EARNINGS
448.00
448.00
DBA BIGFOOT GRAPHICS
503975
2/9/2023
014173
NPG INC DBA, GOLDSTAR
ASPHALT REPAIRS: PED/BICYCLE
20,500.00
20,500.00
ASPHALT PRODUCTS
TRAIL EXT
503976
2/9/2023
009337
NV5 INC
DEC PROJ MGMT SVCS:MRC, PW17-21
43,895.27
43,895.27
503977
2/9/2023
021998
OLD TOWN TIRE AND SERVICE VEHICLE MAINT: STREET MAINT: PW
257.59
INC
VEHICLE REPAIRS: CIP: PW
194.01
451.60
503978
2/9/2023
022537
REFRIGERATION SUPPLIES,
MISC HVAC SUPPLIES: CIVIC CTR
729.50
729.50
DISTRIBUTOR
503979
2/9/2023
014783
SOFTRESOURCES, LLC
CONSULTING SVCS: MUNIS: FINANCE
1,387.50
1,387.50
503980
2/9/2023
006145
STENO SOLUTIONS
TRANSCRIPTION SVCS: TEM SHERIFF
48.24
48.24
TRANSCRIPTION, SRVCS INC
503981
2/9/2023
021603
TITAN RENTALS GROUP INC,
RENTALS: SPECIAL EVENTS: ECON
2,963.78
2,963.78
TITAN TENT & EVENT RENTAL
DEV
503982
2/9/2023
020275
WALLACE & ASSOC
ADD'L INSPEC SVCS: PW LAND
9,246.00
CONSULTING LLC, ANSER
DEV/NPDES
ADVISORY MNGMT LLC
CONSTRUCTION INSP SVCS: PW21•
5,796.00
15,042.00
Grand total for EFT UNION BANK:
151,980.92
Page:3
apChkLst Final Check List Page: 4
02/07/2023 12:55:55PM CITY OF TEMECULA
33 checks in this report.
Grand Total All Checks: 151,980.92
Page:4
apChkLst
02/09/2023
3:14:36PM
Final Check List
CITY OF TEMECULA
Page: 1
Bank: union UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
14611
1/17/2023
000246
PERS (EMPLOYEES'
PERS RETIREMENT PAYMENT
139,349.18
139,349.18
RETIREMENT)
14642
1/5/2023
000246
PERS (EMPLOYEES'
PERS RETIREMENT PAYMENT
138,726.07
138,726.07
RETIREMENT)
14675
1/10/2023
006887
UNION BANK OF CALIFORNIA
001060
HYATT
LODGING: NEW LAW AND ELECTION
423.84
SEMINAR
000254
PRESS ENTERPRISE
ONLINE SUBSCRIPTION: CITY CLERK
14.00
COMPANY INC
017443
OPERATING CO.LLC
RFRSHMNTS: CITY CNCL MTG 11/29
317.26
755.10
MED.CUISINE, DBA: DAPHNE'S
CALIFORNIA
14679
1/10/2023
006887
UNION BANK OF CALIFORNIA
013338
APPLE STORE
ADD'L PHONE STORAGE: SOCIAL
2.99
MEDIA
023138
PARTY CITY
SUPPLIES: CITY EVENT: CITY MGR
107.77
023138
PARTY CITY
SUPPLIES: CITY EVENT: CITY MGR
12.07
023163
NICHOLAS G PHOTOGRAPHY
PHOTOGRAPHY SVCS: CAMPAIGN
500.00
PHOTO
014885
TEMECULA CATERING
RFRSHMNTS:BROKER'S BREAKFAST
1,389.83
2,012.66
14712
1/19/2023
000246
PERS (EMPLOYEES'
PERS RETIREMENT PAYMENT
143,984.24
143,984.24
RETIREMENT)
14777
2/2/2023
000444
INSTATAX (EDD)
STATE TAX PAYMENT
40,084.51
40,084.51
14778
2/2/2023
000283
INSTATAX (IRS)
FEDERAL TAX PAYMENT
119,995.35
119,995.35
14782
2/2/2023
000245
PERS - HEALTH INSUR
PERS HEALTH PAYMENT
0.00
PREMIUM
PERS HEALTH PAYMENT
178,136.86
178,136.86
14799
2/6/2023
018858
FRONTIER CALIFORNIA INC
JAN INTERNET SVCS: CITY HALL
1,035.41
DEC INTERNET SVCS: CITY HALL
1,020.00
2,055.41
14802
1/30/2023
005460
U S BANK
FY 21/22 PARS CONTRIBUTION
2,000,000.00
2,000,000.00
14805
2/8/2023
005460
U S BANK
CFD: DEBT SERVICE
4,452,918.91
4,452,918.91
211407
2/2/2023
003951
ALL AMERICAN ASPHALT
CONST CONTRACT SVCS: PVMNT
2,030,653.44
2,030,653.44
REHAB PRGM
Page:1
apChkLst Final Check List Page: 2
02/09/2023 3:14:36PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211408
2/9/2023
019307 ADVANCED AUTOMOTIVE
VEHICLE MAINT: SMOG CHECK:
50.00
50.00
SMOG
PLANNING
211409
2/9/2023
001517 AETNA BEHAVIORAL HEALTH
JAN EMPLOYEE ASSISTANCE PRGM:
1,333.20
1,333.20
LLC, DBAAETNA RESOURCES
HR
211410
2/9/2023
003951 ALL AMERICAN ASPHALT
CONST CONTRACT SVC: YNEZ RD
400,361.17
400,361.17
PW21-10
211411
2/9/2023
000101 APPLE ONE INC
JAN TEMP HELP: COMM DEV
2,719.08
2,719.08
211412
2/9/2023
001323
BLUETRITON BRANDS INC,
WATER DLVRY SVCS: PBSP
139.03
139.03
DBA READYREFRESH
211413
2/9/2023
000154
C S M F O
MEMBERSHIP RENEWAL: FINANCE
125.00
MEMBERSHIP RENEWAL: FINANCE
125.00
MEMBERSHIP RENEWAL: FINANCE
125.00
MEMBERSHIP RENEWAL: FINANCE
125.00
MEMBERSHIP RENEWAL: FINANCE
50.00
550.00
211414
2/9/2023
003138
CAL MAT, DBA VULCAN
ASPHALT SUPPLIES: STREET MAINT:
589.97
589.97
MATERIALS CO
PW
211415
2/9/2023
021054
CANTRELL, TINAJ
TCSD INSTRUCTOR EARNINGS
245.00
TCSD INSTRUCTOR EARNINGS
210.00
455.00
211416
2/9/2023
019878
CERTIFIED ACCESS
WEBINAR REGISTRATION: BLDG &
100.00
SPECIALIST, INSTITUTE
SAFTEY
WEBINAR REGISTRATION: BLDG & :
35.00
135.00
211417
2/9/2023
014887
EMPLOYEE #00633
REIMB: RFRSHMNTS: TVE2
95.59
95.59
ROUNDTABLE MTG
211418
2/9/2023
005417
CINTAS PROTECTION NO 2,
ANNUAL FIRE EXTINGUISHER
220.00
220.00
CINTAS FIRE 636525
INSPECTION:
211419
2/9/2023
005417
CINTAS PROTECTION NO 2,
FIRST AID KIT MAINT: RISK MGMT
176.69
CINTAS FIRE 636525
FIRST AID KIT MAINT: RISK MGMT
155.09
FIRST AID KIT MAINT: RISK MGMT
111.62
FIRST AID KIT MAINT: RISK MGMT
35.24
FIRST AID KIT MAINT: RISK MGMT
35.24
FIRST AID KIT MAINT: RISK MGMT
35.24
549.12
211420
2/9/2023
023175
COMPLETE OFFICE OF
MISC OFC SUPPLIES: CODE
302.00
302.00
CALIFORNIA, INC
ENFORCEMENT
211421
2/9/2023
002945
CONSOLIDATED ELECTRICAL
ELECTRICAL SUPPLIES: PARKS: PW
36.47
36.47
DIST
Paget
apChkLst
Final Check List
Page: 3
02/09/2023
3:14:36PM
CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211422
2/9/2023
014521
COSTAR REALTY
FEB'23 WEB SUBSCRIPTION: ECO
1,296.00
1,296.00
INFORMATION INC
DEV
211423
2/9/2023
016098
CULTIVATING GOOD INC, DBA
RFRSHMNTS: WORKFORCE PRGRM:
88.97
88.97
E AT MARKETPLACE
TCSD
211424
2/9/2023
001233
DANS FEED AND SEED INC
MISC SUPPLIES: STREET MAINT: PW
33.16
MISC SUPPLIES: STREET MAINT: P�
22.45
MISC SUPPLIES: PW STREET MAIN-
-32.14
23.47
211425
2/9/2023
005766
DATA BUSINESS SYSTEMS INC
2022 TAX FORMS: FINANCE DEPT
190.06
190.06
211426
2/9/2023
012600
DAVID EVANS AND
DEC DOG PARK RENOVATION: CIP: PW
4,760.00
4,760.00
ASSOCIATES INC
211427
2/9/2023
016780
FIELDTURF USA, INC.
TURF: PBSP: PARKS
3,750.00
TURF: PBSP: PARKS
3,750.00
TURF: PBSP: PARKS
3,750.00
TURF: PBSP: PARKS
3,750.00
15,000.00
211428
2/9/2023
000186
HANKS HARDWARE INC
MISC MAINT SUPPLIES: AQUATICS
3,556.13
MISC MAINT SUPPLIES: AQUATICS
1,663.45
MISC MAINT SUPPLIES: CODE ENF(
-70.68
5,148.90
211429
2/9/2023
003198
HOME DEPOT
HARDWARE SUPPLIES: FOC
411.14
411.14
211430
2/9/2023
021840
IMPULSE APPAREL
APPAREL: STUDENT LED PRGM:
1,120.13
1,120.13
THEATER
211431
2/9/2023
023150
INTERFLEX PAYMENT LLC
FSA REIMBURSEMENT PAYMENT
26,159.10
26,159.10
211432
2/9/2023
002634
LITELINES INC
LIGHT FIXTURES: OLD TOWN:
10,940.25
10,940.25
STREETS
211433
2/9/2023
011956
EMPLOYEE #00438
REIMB: TEAM PACE
424.08
424.08
211434
2/9/2023
003964
OFFICE DEPOT BUSINESS SVS
MISC OFC SUPPLIES: FINANCE
114.79
DIV
MISC OFC SUPPLIES: FINANCE
35.38
MISC OFC SUPPLIES: FINANCE
30.98
181.15
211435
2/9/2023
014273
PARAGON PARTNERS,
PRELIMINARY TITLE REPORTS:
300.00
300.00
CONSULTANTS INC
PW17-25: CIP
211436
2/9/2023
023213
EMPLOYEE #00646
REIMB: CSMFO CONF 1/31-2/3
162.90
162.90
Page:3
apChkLst
02/09/2023
3:14:36PM
Final Check List
CITY OF TEMECULA
Page: 4
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211437
2/9/2023
019859
PGI - PACIFIC GRAPHICS INC.
PRINTING SVCS: THEATER: TCSD
2,486.00
2,486.00
211438
2/9/2023
008447
PRO AUTO COLLISION INC
AUTO BODY REPAIR: PARKS: PW
3,087.49
3,087.49
211439
2/9/2023
000907
RANCHO TEMECULA CAR
JAN CAR WASH SVCS: POLICE
26.00
26.00
WASH
211440
2/9/2023
017699
SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: COUNCIL MTG
225.00
225.00
PRESTON
211441
2/9/2023
022929
SCP DISTRIBUTORS LLC, DBA
MISC POOL SUPPLIES: AQUATICS: PW
533.91
533.91
LINCOLN AQUATICS
211442
2/9/2023
013376
SECURITY SIGNAL DEVICES
FIRE PANEL SVC: THEATER
507.00
507.00
INC, SSD SYSTEMS
211443
2/9/2023
013695
SHRED -IT US JV LLC, DBA:
DOCUMENT SHRED SVCS: CITY
69.87
69.87
SHRED -IT USA LLC
CLERK
211444
2/9/2023
000519
SOUTH COUNTY PEST
PEST CONTROL SVCS: TES POOL
59.00
CONTROL INC
PEST CONTROL SVCS: MARG SPLA
49.00
108.00
211445
2/9/2023
012652
SOUTHERN CALIFORNIA,
FEB GEN USAGE: 0141,0839,0978,0979
1,269.25
TELEPHONE COMPANY
JAN GEN USAGE: 0141,0839,0978,09
1,127.14
2,396.39
211446
2/9/2023
015648
STEIN ANDREW, DBA PARKINK
PROMOTIONAL ITEMS: THEATER
1,080.35
1,080.35
211447
2/9/2023
001547
TEAMSTERS LOCAL 911
UNION MEMBERSHIP DUES PAYMENT
4,712.96
4,712.96
211448
2/9/2023
014885
TEMECULA CATERING
RFRSHMNTS: TCC RECOGNITION
3,640.95
3,640.95
EVENT
211449
2/9/2023
000306
TEMECULA VALLEY PIPE &
IRRIGATION SUPPLIES: RANCHO
194.67
194.67
SUPPLY
HIGHLANDS
Grand total for UNION BANK: 9,741,482.10
Page:4
apChkLst Final Check List Page: 5
02/09/2023 3:14:36PM CITY OF TEMECULA
54 checks in this report.
Grand Total All Checks: 9,741,482.10
Page:5
Item No. 4
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: John Crater, Division Chief
DATE: February 28, 2023
SUBJECT: Approve First Amendment to the Agreement with Proactive Fire Design &
Consulting, Inc., for Fire Department Plan Review Service for Fiscal Year 2022-23
PREPARED BY: Wendy Miller, Management Analyst
RECOMMENDATION: That the City Council approve the first amendment to the annual
agreement with Proactive Fire Design & Consulting, Inc., for Fire Department Plan Review
Service for Fiscal Year 2022-23, in the amount of $25,000, for a total agreement amount of
$505,000.
BACKGROUND: On July 12, 2022, the City and Consultant entered into that certain
Agreement entitled "Agreement for Fire Department Plan Review Service," in the amount of
$120,000.00 annually with the ability, upon mutual agreement to extend the contract for three (3)
additional one (1) year terms for a total five-year agreement amount of $480,000.
The parties now desire to increase the payment in the amount of $25,000 for a total contract amount
of $505,000.
FISCAL IMPACT: Adequate funds were made available with the approval of the mid-
year Fire Department budget approved by the Council on February 14, 2023.
ATTACHMENTS: Amendment
FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND PROACTIVE FIRE DESIGN & CONSULTING, INC.
FIRE DEPARTMENT PLAN REVIEW SERVICE
THIS FIRST AMENDMENT is made and entered into as of February 28, 2023 by and
between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and
Proactive Fire Design & Consulting, Inc., a Corporation (hereinafter referred to as
"Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
This Amendment is made with the respect to the following facts and purposes:
a. On July 12, 2022, the City and Consultant entered into that certain
Agreement entitled "Agreement for Fire Department Plan Review Service," in the amount of
One Hundred Twenty Thousand Dollars and No Cents ($120,000) annually with the ability,
upon mutual agreement to extend the contract for three (3) additional one (1) year terms
for a total four-year agreement amount of $480,000.
b. The parties now desire to increase the payment in the amount of
$25,000.00 for a total contract amount of $505,000.00.
2. Subsection 4.a. entitled "PAYMENT" is hereby amended to read as follows:
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 Five Hundred Five Thousand Dollars and No
Cents ($505,000.00) for the total term of this agreement, including any
additional terms or extensions, unless additional payment is approved as
provided in this Agreement.
3. Except for the changes specifically set forth herein, all other terms and
conditions of the Agreement shall remain in full force and effect.
08/09/2021
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
By:
Zak Schwank, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
PROACTIVE FIRE DESIGN &
CONSULTING, INC.
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign
the agreement on behalf of the corporation.)
By: )/
Donald Walton, President
By:
A4C,' &'�
J Marie Walton, Secretary
CONSULTANT
ProActive Fire Design & Consulting, Inc.
Donald Walton
41965 3rd Street, Suite A
Temecula, CA 92590
951-296-FIRE
Proactive.fd mail.com
City Purchasing Mgr.
Initials and Date:
7v
2
08/09/2021
Item No. 5
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: February 28, 2023
SUBJECT: Approve Consultant Agreement with Community Works Design Group for the
Ronald Reagan Sports Park Skate Park, PW22-07
PREPARED BY: Nino Abad, Senior Civil Engineer
Laura Bragg, Associate Engineer II
RECOMMENDATION: That the City Council:
1. Approve a Consultant Agreement with Community Works Design Group in the amount
of $213,823, for the Ronald Reagan Sports Park Skate Park, PW22-07; and
2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the
contingency amount of $21,382.30, which is equal to 10% of the agreement amount.
BACKGROUND: The Ronald Reagan Sports Park Skate Park project includes the
removal and replacement of the existing skate park and the installation of state-of-the-art street
skate plaza elements. The agreement with Community Works Design Group is for the design
phase of this project.
On August 15, 2022, the Department of Public Works publicly posted on the City's online bidding
service, PlanetBids, Request for Proposal No. 269 to solicit design consultant proposals for the
Ronald Reagan Sports Park Skate Park, PW22-07. The design consultant solicitation was publicly
advertised between August 15, 2022, and September 8, 2022. On September 8, 2022, five
submitted proposals were received. After panel review and interviews on November 17, 2022, the
proponents were ranked as follows:
1. Community Works Design Group
2. New Line Skateparks FL Inc.
3. California Skateparks
4. Grindline Skateparks, Inc.
5. American Ramp Company
Subsequent to proponent interviews, staff entered into thorough negotiations with Community
Works Design Group and believes the agreement amount to be fair and equitable.
FISCAL IMPACT: The Ronald Reagan Sports Park Skate Park design cost is included
in the Fiscal Year 2023-27 Capital Improvement Program Budget utilizing Measure S funds.
Adequate funds are available for the contract amount of $213,823.00, plus a 10 % contingency
amount of $21,382.30 for a total encumbrance of $235,205.30.
ATTACHMENTS: 1. Agreement
2. Project Description
3. Project Location Map
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND COMMUNITY WORKS DESIGN GROUP, LLC
RONALD REAGAN SPORTS PARK SKATE PARK
PROJECT NO. PW22-07
THIS AGREEMENT is made and effective as of February 28, 2023, between the City of
Temecula , a municipal corporation hereinafter referred to as "City"), and Community Works
Design Group, LLC, a Corporation, (hereinafter referred to as "Consultant" ). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
TERM
This Agreement shall commence on February 28, 2023, 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.
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.
3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of
members of their profession. Consultant shall employ all generally accepted standards and
practices utilized by persons engaged in providing similar services as are required of Consultant
hereunder in meeting its obligations under this Agreement.
4. 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 Two
Hundred Thirteen Thousand Eight Hundred Twenty -Three dollars and Zero Cents
($213,823.00) for the total term of this agreement .
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the City Manager .
Consultant shall be compensated for any additional services in the amounts and in the manner
as agreed to by City Manager and Consultant at the time City's written authorization is given to
Consultant for the performance of said services.
C. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of receipt
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of each invoice as to all non -disputed fees. If the City disputes any of Consultant fees, it shall
give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed
fees set forth on the invoice. For all reimbursements authorized by this Agreement Consultant
shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as
approved by the Director of Finance.
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 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
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
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related to this Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing
data generated for the work, surveys, notes, and other documents prepared in the course of
providing the services to be performed pursuant to this Agreement shall become the sole property
of the City and may be used, reused or otherwise disposed of by the City without the permission
of the Consultant. With respect to computer files containing data generated for the work,
Consultant shall make available to the City, upon reasonable written request by the City, the
necessary computer software and hardware for purposes of accessing, compiling, transferring
and printing computer files.
C. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A, without the written consent of the Consultant.
8. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND
a. Indemnity for Design Professional Services. In the connection with its
design professional services, Consultant shall hold harmless and indemnify City, the Temecula
Community Services District, the Successor Agency to the Temecula Redevelopment Agency,
their elected officials, officers, employees, servants, designated volunteers, and those City agents
serving as independent contractors in the role of City officials (collectively, "Indemnitees"), with
respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including
reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter),
including but not limited to Claims relating to death or injury to any person and injury to any
property, which arise out of, pertain to, or relate in whole or in part to the negligence, recklessness,
or willful misconduct of Consultant or any of its officers, employees, sub -contractors, or agents in
the performance of its professional services under this Agreement.
b. Other Indemnities. In connection with any and all claims, demands,
damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense
(collectively, "Damages" hereinafter) not covered by Paragraph 8.a. above, Consultant shall
defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages,
including but not limited to, Damages relating to death or injury to any person and injury to any
property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its
officers, employees, subcontractors, or agents in the performance of this Agreement, except for
such loss or damage arising from the sole negligence or willful misconduct of the City, as
determined by final arbitration or court decision or by the agreement of the parties. Consultant
shall defend Indemnitees in any action or actions filed in connection with any such Damages with
counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and
experts' costs actually incurred in connection with such defense. Consultant duty to defend
pursuant to this Section 8.b.shall apply independent of any prior, concurrent or subsequent
misconduct, negligent acts, errors or omissions of Indemnitees."
9. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection with
the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
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a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
i. Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
ii. Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a
non -owned auto endorsement to the General Liability policy described above is acceptable.
iii. Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees.
iv. Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
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.
1. Automobile Liability: Two Million ($2,000,000) per accident
for bodily injury and property damage.
2. 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.
3. Professional Liability Coverage: One million ($1,000,000)
per claim and in aggregate.
C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured
retentions shall not exceed Twenty -Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District,
the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees and volunteers are to be covered as insured's, as respects: liability arising out of
activities performed by or on behalf of the Consultant's products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased,
hired or borrowed by the Consultant. The coverage shall contain no special limitations on the
scope of protection afforded to the City of Temecula, the Temecula Community Services District,
the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees or volunteers.
2) For any claims related to this project, the Consultant insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees and volunteers. Any insurance or self -insured maintained by the City of Temecula,
Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
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3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City of
Temecula, the Temecula Community Services District, and/or the Successor Agency to the
Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be endorsed
to state: should the policy be canceled before the expiration date the issuing insurer will endeavor
to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance
shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the City
before work commences. As an alternative to the City's forms, the Consultant's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
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
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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
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: Community Works Design Group, LLC
Mr. Scott Rice
4649 Brockton Avenue
Riverside, California 92506
08/09/2021
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 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.
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
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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
Zak Schwank, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
COMMUNITY WORKS DESIGN GROUP, LLC
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
Scott R e, resident
By:
Consultant
Community Works Design Group, LLC
Attn: Scott Rice
4649 Brockton Avenue
Riverside, CA 92506
951 369-0700
Scott cwd .fun
City Purchasing Mgr.
Initials and Date:
08/09/2021
EXHIBIT A
TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:
10 08/09/2021
REVISED DESIGN PRO E SCOPE OF WORK
TASK 1 - ADMINISTRATION / UTILITY OORDI ATION/ PREHMI AR
Upon Notice to Proceed, our team will immediately work with our subronsultants to initiate a site assessment
and survey of existing conditions. We will prepare a preliminary project for City review, ahead of the kick-off
meeting.
I Our team, including the key representatives of our subcansultants, will meet with the City, with
proper social distancing guidelines in place (or online if necessary, depending on the applicable
CCXVID protocol in place at the time of award). The purpose of this kick-off meeting will beta allow
the City and our team to establish the next steps for expediting the project design and developing a
strategy for community outreach and to review and confirm the project schedule-
2- Our team members will became intimately familiar with all aspects of the e)dsbng site, utilizing in -
person inventorying by our in-house ISA Certified Arboristand Certified Landscape Irrigation Auditor
Topographic survey, utility field surveys wi I I be performed by Adkan and Design West Engineering,
under supervision ofCDG representatives_ Geotek will contact Undergrou nd Service Alert, and also
obtain local authorizati on prior to eweavating 6 hol low -stem auger bori ngs to depths up to 20 feet or
refusal.
3_ Geotek will also perForm percolation testing for use in stormwater retention/ infiltration design -
Du ri ng the field investigation, samples of the on -site soil will be obtained for laboratory testing_
Subsequent to completion of the field work and laboratory testing, a geotechnical report will be
prepared_ The report will include, butnotnecessarily belimited to= overall feasibility of the antici pated
improvements from a geotechnical standpoint, exploration logs; an exploration location map,
geologic settirC seismicity, depths to groundwater if encountered; laboratory test results including
corrosivity testing; foundation design (if needed), which includes foundation types, allowable soil
bearing pressures, anticipated bearing depths and estimated settlement; lateral earth pressure
recommendations; floor -slab design; retaining wall design recommendations (if needed); trench
back ill recommendations; and geotechnical recommendations for construction-
4- We will put together an initial base plan for Spohn Randy to begin crafting their conceptual plans
based off of Adkan Engineers topographic survey _ The: base plan will serve as a moldable tool for
reshaping to best fit the City's needs and operational abilities_ We will concurrently update our initial
cost estimate based on our understanding of the Crty's expectations for the skate park i mprovements_
REQUEST FOR PROPOSALS (RFP) NO.269 RONALD REAGAiN SPORTS PARTS - SKATE PARK
CITY OF TEMECU LA - PROJECT NO. PYY22-07 1
SEPTEMB ER S, 2022 -UPDATED JAN UARY 27, 2023 PER GITY REQUEST
11 08/09/2021
Upon completion of Task i our team will immediately work with Spahn Ranch to develop an online survey
and begin the task of formulating community outreach campaigns to enlist ideas, feedback, needs, wants and
interests to support and influence recommendations for this p roject-
1- Ourtseam, schedule a communityengagementmeetingtodeveiopastrategyforcammunityoutreach
and review draft materials, establish survey dates and advertisernent opportunities-
2- We will work with Spohn Stanch to develop an online Sur eyMonkey survey far stakeholders and
constituents, to garner meaningful feedback for the needs, wants a nd interests of the community for
their skate park.
3_ We will work closely with the City to deverap flyers and other outreach materials and collateral to
ensure the most effective approad r for optimizing feedback from the community-
4- Once initial survey feedback has been collected, we will begin preparing an initial color concept plan
and 3-d renderings for conveying the working design to stakehorders and constituents, with the
CiWs social media, we vviil publicize a SurveyMonkey online voting link for the skate community to
select which concept works best for the residents. This online vote will be supplemented with an in -
person meeting with representatives of the City; CWOG, and Spchn Ranch.
S- We wilt actively participate in as many community and Council meetings deemed necessary for the
forward progress of this project;, our base fee includes 2 meetings, with additional meetings d irected
at the request of the City. All preparatory meetings and correspondence with City Staff in advance of
the community meeting are also induded-
Skate rank O+ Imch ffmabW for Nfagon Skate RA in Perris, Wd air Re an June 7G, 2922 by COG and Sp� Imh Tors
pmj d x sdrnifar to RafWd Reagan, as Me exift sk2fe park xrd' be grooved to make way fora maderrozed verwn
REQUEST FOR PROPOSALS (RM NO.26a WMALD REAG► N SPORTS PARK - SKATE PARK
CITY OF TEMECULA- PROJECT NO. PW22-07 H
SEPTB16 ER d, 2M -UPDATED JANUAiRY 27, 2023 PER CITY REQUEST 0
12 08/09/2021
6. Spohn Ranch will finalize the feedback into a final conceptual design and 3-d renderings based on the
Community and City input into an updated color plan to memorialize the completion of this concept
refinement task_ Multiple fl}-through rendering video dips (1 min_ max each) will be provided for
publicizing the project-
7- Our team vAll work with the City to publicize and present the final skatepark concept design which
wil l serve as the 30% su bmitta 1.
REQUEST FOR PROPOSALS (RFP) NO.269 RONALD REAGAN SPORTS PART{ - SKATE PARK
CITY OF TEMECULA -PROJECT NO. PW22-07
SEPTEMBER 8, 2D22 -UPDATED JAN UARY 27. 2023 PER CITY REQUEST
13 08/09/2021
TASK 3 - CONSTRUCTION/ ENGINEERING PLANS/ SPECS/ ESTIMATES
With OW and Community boon to the updated conceptual plan, we will move forward with the preparation of
plans, specifications, and esti mates (PS&E) necessary to obtain fu II Cnty and applicable Agency approval s prior to
construction. All scope items within the City's Request for Proposals (RFP) are included, even if not specifically
hated below_ Since the preliminary design will be 3-d modeled the base plan will be provided as 300A submittal
at the end of Task 2, to expedite the process, we will prepare submittals at the 6096 and 9C% level_ The PS&E
package will include all items deemed necessary for full CKy approval, but are not necessarily limited to, the
items listed below-
1- DEMOLITION/ PRC►TECTION PLANS: We will prepare demolition plans to clearly indicate action for
all items to be demolished as well as those intended to be protected in place, potentially induding
the existing mini ramp that is currently the most used feature within the existing skate park_ For
park renovation projects, the intricacy and clarity of which items need to be protected in place is an
essentia I portion of the oanstrurbon documents, and can eliminate the ambigu ity that often triggers
contractor clhange orders during construction-
2- CIVIL ENGINEERING PLANS: Our subconsultant civil engineer vAll prepare a working draft of the
grading plan for construction of finished grading and drainage improvements, horizontal and vertical
control, water and sewer plans, water quality management plan �WQMP) and dust control plans.
Preliminary Out and Fill earthwork calculations will be prepared and updated_ The plans will beat a
scale of 1"=20' and indicate detail finish wading, Particular emphasis will be placed on ADA access
into and within the park, inducting potential parking lot reconfigu ration for ADA compliance_ Various
options will be explored and refined into the construction document details-
3- CDNSTRUCTI ON DRAWINGS: Construction Drawings will indude site plans and details with sufficient
detail to accommodate construction, including a II skate features, connecting walks, shade coverings,
etc_ Plans will identify recommended suppliers and produces, with emphasis given to local sources,
sustainable concepts, recycled/ recydable materials, and durability of products.
4- 1 RRIGATIDN P LANS: If the design footpri nt extends past the existing edge of concrete, we wi I I prepare
irrigation retrofit plans to comply with local water requirements and specific City requirements
indicated in the RFP All elements of the system will be designed to carry opti ma I amounts of water
to irrigate the affected sites_ Full detailing of all equipment will be induded_ Vandal resistance,
durability, serviceability, reliability, water conservation, efficiency and, most importantly, consistency
with sty standards will be our primary concerns.
S- PLANTING PLANS: Complete PI anti ng Plans with all necessary details wi I I be provided_ Durable, easily
maintainable species will be of primary importance in the plant selection process-
6- ELECTRICAL- Partial Site Electrical Plans including Lighting with all necessary details will be provided
by Design West Engineering for the modification and supplementation of the existing skate park
I ights_ We will incorporate the latest technologies i nclud i ng law voltage LED systems to produce the
most efficient and long terra solutions for the CKy_
7_ ADA MODERNIZATION PLAN: Our CASp will work with Adkan Engineers to develop an ADA Compliant
Modernization Plan for the improvement areas as well as review the parking lot for ADA compliance_
REQUEST FOR PROPOSALS (RFP) NO.269 RONIALD REAGA N SPORTS PART{ - SKATE PARK
CITY OFTEMECULA- PROJECT NO. PW22-07 LV
SEPTEMBER d, 2D22 - UPDATED JAN LIARY 27, 2023 PER CITY REQUEST 0
14 08/09/2021
TASK 3-CONSTRUCTION/ENMUXRING DOCUi''IENI' PHASE- continued
8_ FINAL HYD ROLOGY & HYDRAULICS/DETENTION BASIN FLOUTING= Adkan Engineers will prepare a final
hydrology report for the site.
9_ FINAL WATER QUALITY MANAGEMENT PLAN (WQMP). Adkan Engineers will prepare a final Water
Quality Management Plan that addresses the mitigation of incremental peak flow of storm water
run-off as well as site -control BMPs and operation and maintenance requirements. Completion of
environmental questionnaire for categorical exemption_
10_ EROSION CXONTROL/SWPPP= Adkan Engineers will prepare a Sturm Water Pollution Prevention Plan
for the project as the improvement areas exceed 1 acre.
11_ SPECIFICATIONS: Specifications detailing materials and workmanship for all of the above items will
be provided as required, including Greenbook as the primary specification source, and CSI-formatted
specification secti ons where specialtyskatepark specificconstruckion scope is not adequately defined
in Greenbook spedficaboru.
12- COST ESTIMATES: Final estimates of probable construction and maintenance costs will be prepared
with CDG providing regular value engineering recommendations_
13_ DOCUMENT PROCESSING: We will submit the documents for City and various Utility approvals. We
will review documents and make all necessary corrections_
14- MEETINGS: We will attend all meetings with City staff and project stakeholders and lead all
presentations as required during this phase of the project
REQUEST FOR PROPOSALS (RFP) NO.269 RONALD REAGAN SPORTS PART{ - SKATE PARK
CITY OFTEMECULA- PROJECT NO. PW22-07 v
SEPTEMBER S, 2D22 - UPDATED JANUARY 27, 2023 PER CITY REQUEST 0
15 08/09/2021
TASK 4 - BIDDING sUPPDn
1_ When the project goes out for competitive bidding, we will assist the City in the bid process,
distributing bid packages, noti rig d irechon given to oantracturs, respond to Requests for information/
Clarification and bidder questions as deemed necessary, to help facilitate dear, competitive bids with
limited ambiguity. We will provide fallow -up cla 0cabons ar addendum items for all electronic bids.
I We will attend the pre -bid meeting and provide written minutes and fallow up information as
required_ We will assistihe City in obtainingand evaluatingbids for the project as required_
3_ a will assist the City with the bid review and contractor selection process to the extent requested
by City, staff
4_ We will attend the pre -construction meeting and provide written minutes and fellow up information
as required within 1 day following the meeting_ Throughout the project, we will provide full
documentation relating to meeting decisions and action items, assignment of action items to team
members, and all other requests indicated within the Citys RFP
The GWDG ii+amrece* davadapre-firdmeejir mth C79 surpia. . Er haTfed He's Park; Perris, CA. 142021.
REQUEST FOR PROPOSALS (RFP) NO.269 RONIALD REAGAN SPORTS PARK - SKATE PARK
CITY OFTEMECULA- PROJECT NO. PYY22-07 vi
SEPTEMBER d, 2D22 - UPDATED JANUARY 2 i', 2d23 PER CITY REQUEST I*
16 08/09/2021
TASK 4 - INHANCED CONSTRUCTIO SUPPORT (OP'T OVAL)
,S- When requested, we will assist the CKy with construcHon administration assistance for specialty
areas where specific technical expertise is required in determi ning conformance to design concepts
and approved plans and specifications-
6- We will participate in weekly construction meetings, in support of the City and the Cnty's Construction
Management consultant. Based on our observations at the site and on the contractor's application
for payment, we will assist in determining the amount owed to the contractor We will review job
drawings, as- buiIts, RFI's, samples and other submissions of the contractor for conformance with
the design ofttre project and for compl iance with the information given in the conformance contract
documents, for the project-
7- Adkan Engineers will provide BMP Inspection Services and SMARTS Reporting based on QSP Services/
Risk 1-
S- Adkan Engineers will provide for Pad and Final Certifications to confirm construction was completed
per plans -
Our in-house FAA Certified UAS (Drone) pilot will provide monthly progress drone photography for
use in updating stakeholders and constituents of construction progress.
10- We will review change orders and submittals for approval and issuance by the Cnty- We will respond
to request for information from the contractor, issue field bulletins and requests for quotations. We
wi II mainta in u pdated R FI, Change Order and Submittal logs, which will be sha red onl ine via Basecernp
app-
11- a will review as-builts and assist in the reproduedon of the as built information saved in electronic
format for future reference to the project
REQUEST FOR PROPOSALS (RFP) NO.269 RONALD REAGAN SPORTS PART{ - SKATE PARK
CITY OF TEMECULA -PROJECT NO. PW22-07 vii
SEPTEMBER S, 21322 - UPDATED JANU,4RY 27, 2023 PER CITY REQUEST
17 08/09/2021
REVISED DELIVERABLES
Our team will provide the following deliverables at each applicable stage of the project:
TASK I- ADMINISTRATION I VI'II.ITY COORDINATIONI PRF.L .1 INARY E GDaMR 1N
• Ongoing coordination with City, including development of Project Schedule
* Util"Coordinubon
• Geotechnical Soils Investigabon Report with Recommendations
• Topographic Survey
TASK 2 - COMMUNTI'Y ENGAGEMENT! CONCEMIAL DEVELiOPhffiNT
■ Online Preliminary Feedback Su rveyMonLay Survey and corresponding collateral to advertise survey_
■ Two �2) Conceptual Plans for SurveyMonhey vote
■ Community Meeting materials
■ Summary Report of Community Engagement Feedback
■ Color Plan/ 3-d renderings of each concept option, in PDF and JPG
■ PrelirrinaryCost Estimatefor each option
■ Updated 3-d plans and estimates for final master concept
■ VAcleo fly-th rough of final concept option for Ws social media sharing
■ Additional meetings and concept plans as directed by the City.
TASK - CONSTRU TIONIENGI �DOCUMENTS
■ Full size hard copies (3 or more if needed) of ALL plan sheets, bound into set, at each sub m ittal level
■ Color tut sheets of shade structures, site furnishings, etc as applicable
■ ADA Modernization Plan
■ Book spedkatiors
■ ErrAronmentaI Questionna ire for Categorical Emnption
■ Final Hydrology and Hydraulics/Oetention Basin Routing
■ Flnal WCIMP
■ Final Erosion Control/SPPP
■ PDF copies of all documents
TASK 4 - BIDDING SUPPORT
• Ongoing documentation of bidding process
• PDF copies of all documents
TASK 4 - CONSTRUCTION SUPPORT (OPTIONAL)
• drone photos/videos/ higih-resolution ground shots to document all stages of construction
• Ongoing documentation, including submittal reviews, RFI responses, field notes, etc_
• BIVIP Inspection Services a nd SMARTS Reporting
• Pad and Final Certifications
• As -built plans
• PDF copies of all documents
REQUEST FOR PROPOSALS (RFP) NO.269 RONALD REAGAN SPORTS PARK - SKATE PARK
CITY OFTEMECLI LAL- PROJECT NO. PW224 7 viii
SEPTEMBER S, 2022 -UPDATED JANUAiRY 27, 2033 PER GITY REQUEST I*
18 08/09/2021
EXHHIBIT B
PAYMENT RATES AND SCHEDULE
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein
as though set forth in full but in no event shall the total cost of services exceed $213,823.00 for
the total term of the Agreement unless additional payment is approved as provided in the
Payment section of this Agreement.
19 08/09/2021
RONALD REAGAN SKATE PARK - SCOPE AND FEE BREAKDOWN
CITY OF TEMECULA - COMMUNITY WORKS DESIGN GROUP
UPDATED JANUARY 27, 2023
COMM. WORKS DESIGN
ADKAN ENGINEERS
SPOHN RANCH
DESIGN WEST
GEOTEK
Reimbursable
GROUP
Expenses
LANDSCAPE ARCHITECTURE
! SURVEY/ CIVIL ENGINEERING
SKATE PARK DESIGN
i ELECTRICAL
; GEOTECHNICAL
(PRIME)
ENGINEERING
! $215 i $175 ! $160 ! $130 ! $75
! $210 ! $170 ! $150 $135 ! $260 ! $120
Task ;Description
- - -------------------------------------------------------
!ADMINISTRATION 1 UTILITY COORDINATION/ PRELIMINARY
1 !
!ENGINEERING !
-------------------------
3251500
$ .
4 ..
$ '67000
$ 1702000
2 .
07500
$ '
$ 0.00
8 .
75000
$ '
$ 250
--- =------------------------------------------------------------------------------'
1.1 ;Ongoing City/ Team Coordination, Meetings, Site Visits as needed !
--------------------------
NOT TO EXCEED
-------------------------------
$4,670.00
-----------------------
$3,910.00
--------------------------
$2,075.00
---------------------------------------------------------------------------------------------
---------
Yes
--------------------------------------------
Yes
-- ------------------------------------------------------------------------------------------------'
1 1 1 ! Participate in kick-off meeting !
-----------------
Yes
-----------------
! Yes
i Yes
i Yes
i Yes
+----------
1 1 2 Participate in virtual or in -person team coordination meeting at each
---- --------- --------- --
Yes
------- --------- .....................
Yes
------------------f
As Needed
--------- -----4----
As Needed
----------------
As Needed
major plan milestone level
- ------ -------- --------------------------------------------------------------------------------------
--------------------------------------------
-------------------------------------------------
------------------------------------
---------------------------
---------------------------
Ir
1.1.3 Develop Project Schedule and update as necessary
--------T------------------------------------------------------------------------------------------------
Yes
--------------------------------------------
Yes
•--------------------------------------------------
i Yesi
-----------------
Yes
-----------------------
Yes
-------------
1.2 !Utility Coordination/ Records research
As Needed
Yes
Review
i Yes
i Yes
1.3 ;Prepare Topographic Survey
-------------------------------------------
Review
---------------- -----------------;
-----------------------------------
$13,110.00
----------
Review
;
----
1.4 ;Prepare Soils Reports
Review
Review
Review
$8,750.00
"------}-----------------------------------------------------------------------------------------------'
!COMMUNITY ENGAGEMENT & CONCEPTUAL
-----------------"""""""""
""""""""""""""""""""""""""""""""""""""""""""'"""""""""""""""""""""""""""""""""""""""""""""""""'"""""""""""""---""""------""""""""""'."""""""""""""""""""""""""""'""""""""""""""""""""""""""-i------------------
2
$24,670.00
$7,795.00
$0.00
$16,875.00
$0.00
$0.00 i
$750
;DEVELOPMENT
-
2.1 ;Ongoing City/ Team Coordination to develop Outreach Strategy
- =
LUMP SUM
$4,125.00
--------------------------------------------
As Needed
-------------------------------------------------
$2,300.00
------------------------------------
t---------------------------
----------------------------
-----------------
2.2 !Participate in (2) Community Input Meetings
Yes
As Needed
Yes
2.3 ;Coordinate with City on answers/solutions based off community feedback
------------------------------------------------
Yes
-----------------------------
As Needed
;
As Needed
As Needed
As Needed
2.4 ;Develop (2) Conceptual Plans with Cost Estimates
-------- T------------------------------------------------------------------------------------------------
$1,835.00
----------------------------------------
As Needed
-------------------------------------------------
$14,575.00
4i------------------------------------
i----------------------------4i-----------------------------
2.5 ;Prepare presentation materials and attend City council meeting as required
.........-----------------------------------------------------------------------------------------
-------------------------
$1,835.00
------------------
As Needed
-----
--- ------
----------------'---------------------------'
;CONSTRUCTION DOCUMENTS / COST ESTIMATES I
$45,655.00
$15,663.00
$4,750.00
$750.00
$500
!SPECIFICATIONS (30%, 60%, 90% & 100% CD's)
- --- -- -- --- -- -- -- -- -- --
3.1 ;Update conceptual plan to reflect survey/ geotech and community input
—ooi """eneial"desi
- -
LUMP SUM
Yes Review design for compliance 1%diew design7or
---------------------------------------------------------- ------------------------------ ------------------------------ QmDllanm-------
re aie inifiai corice Tua7""iad i""""far ve"in n iriti3ril""""""
3.2 P P 9 P Y 9 9 9
- """"""""""""""""""""""""""""""""""""""""""""""""""""
32.1 i eve op sc ema is p an-------------------------------------------------------------=
_Yes
------------- Yes --------------
-------------------------------------------
-----------------------------
----------------------
---------------------
3.2.2 Provide rough cost estimate
Yes
;Outreach to product vendors regarding current availability, priang, and lead ;
3.3
Yes Yes As Needed As Needed
;times !
-------------------------------------------------9---------------------------------------------------
—
-----------------------------
-----------------
---------------------
3.4 '!Prepare60%ConstructionDrawin s
$19,320.00
3.4.1 ! Demolition/ Protection Plan
----
- -----T-----------------an
Provide input to civil Yes --------------------------------------------------------------- ---------------------------
3.4.2 ! Horizontal and Vertical Control Plan
Vertical Control l
-------------------------------------------------------------------------------------------------------'
-------------------------------------------------------------------
Yes----------------------/------------------------------------
---------------------------
---------------------------
;verify conformance to
3.4.3 ! Grading and Drainage Plans
Yes
Yes
Yes
soils report; site prep
recommendations
-----------------------------------------------------------------------------------------------'
3.4.4 i Utility Plans
--------------------------------------------------------------------------------------------------------
-------------------------------------------- ------------------------------------------------- {------------------------------------f--------------------------- {---------------------------
Yes As Needed As Needed Yes - Dry
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
3.4.5 i Construction Plans and Details
-------------------------------------------------------------------------------------------------
Yes
Cross refs to LC -sheets only
As Needed
As Needed
--------
3.4.6 i Electrical Plans
----------------------------------------------------------------------------------------------1------------------------------------i---------------------------1---------------------------
Yes
Yes
-------- -------------------------------------------------------------------------------------------------
3.4.7 i Irrigation Plans Details, Calculations, Schedules !
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------
•Yes
As Needed
3.4.8 i Planting Plans, Details, Calculations, Schedules
------T---------------------------------------------------------------------------------------------'
Yes
-------------------------------------;
;
3.4.9 i ADA Modernization Design
Yes
$4,830.00
As Needed
4
4---------------------------
--------------------------------------------------------------------------------------------------------
3.4.10i Erosion Control/ SWPPP
--------------------------------------------
Yes
-------------------------------------------------
$5,520.00
........... -----------
As Needed
---------------------------
--------i------------------------------------------------------------------------------------------------
3.5 IPrepare90%ConstructionDrawings !
--------------------------------------------
Yes
'-------------------------------------------------
! Yes
'------------------------------------
Yes
'---------------------------
Yes
'---------------------------
+""""""""""""" " " "
-------------------------------------------- ------------------------------------------------- {------------------------------------f------------- """----------- {---------------------------
3.5.1 i Provide written response to City/ Agency Comments relating to 90%
Yes
Yes
Yes
Yes
CD's
3.6 ! Prepare 100%o Construction Drawings !
Yes
! Yes
Yes
Yes
+"""""""-""--" " "---------
3.7 Prepare Final Hydrology and HydraulicslDetention Basin Routing
-------------------------------------------- i------------------------------------------------- {------------------------------------f------------- """----------- 4---------------------------
Yes ! $6,555.00 As Needed As Needed
________}________________________________________________________________________________________________'
-- — $--IPrepare Final Water Quality Management Plan-------------------------------------'
--------------------------------------------
-------------------Yes-------------------
;-------------------------------------------------
------------------$9,430.00------------------
;____________________________________f
-----------i-------As
----------As Needed
---------------------------
Needed----
;___________________________
---------------------
3.9 !
Provide written response to City/ Agency Comments relating to 100% CD's
Yes
Yes
i As Needed
i As Needed
4 ;BIDDING SUPPORT
$11,070.00
--------------------------------------------
$3,460.00______________�
-------------------------------------------------
$3,910.00_________________�
------------------------------------
No Charge
---------------------------
$3,700.00
---------- -- -.00---------
$0.00
4- + lBiddin Assistance-----------------------------------------------------------------------=
LUMP SUM
_
........ $3,460.00 As Needed
_
_
As Needed As Needed
T
4.1.1 ; Assist the City as required in responding to bidder's inquiries
?
Yes
As Needed
!
As Needed
As Needed
_________________
Assist in issuing clarifications and/or addenda to the construction
------ -
Spohn Ranch will
---------
4 1 2
documents !
------------------------------------------------------------------------------------------------
Yes
! As Needed
i ----I
coordinate with CWDG as
As Needed
As Needed
+
+=
4.1.3 Assist the City if necessary in reviewing bids and advise regarding
As Needed
As Needed
needed.
As Needed
As Needed
award of the construction contract.
-------- +------------------------------------------------------------------------------------------------
--------------------------
-----------------
'---------
iSUBTOTAL FEES
i!UBTOTALFEES
$158,398.00
$158,398.00
$39,250.00
20
$66,585.00
$34,613.00
$8,450.00
$9,500.00
$1,650.00
GRAND TOTAL
$160,048.00
i
AS REQUESTED;
2
;TASK 2: AS -REQUESTED OPTIONAL SERVICES
BY THE CITY
2 A
Develop Additional Conceptual Plans with Cost Estimates as directed by the i
$4,6001 additional plan
As Needed
$4,600/ additional plan
Y
2.13
!Participate in additional Community Input Meetings as directed by the City
$1,150/ additional meeting
As Needed
i $1,150/ additional meeting
$1501
M
+-----------------------------------------------------------------------------------------------
----------------i
--------------------------------------------
i------------------------------------------------
+------------------------------------I---------------------------
+---------------------------
.._eeting
........
4
;TASK 4: AS -REQUESTED OPTIONAL SERVICES I
HOURLY NOT
$20,035.00
$32,890.00
CWDG TO PROVIDE
$850
TO EXCEED
SERVICES
-------
--4.2__;C-------
-T---------------------------------------------------------------------------------------------- r
coon Support--------------------------------------------------------------------'
--------------------------'------------------------------
--------------
---------------$16,095.00---------------•-----------------As
--------------------------------------------------------------------------------------'•---------------------------I----------------------------
Needed -------------------------------------------------------------As
Needed ------- ------As
Needed------i
4.2.1
Participate in pre -construction meeting
T-----------------------------------------------------------------------------------------------'
Yes
--------------------------------------------
I-
Yesi
I------------------------------T---------------------------
As Needed
I---------------------------,
As Needed
4.2.2
Participate in construction meetings, as -needed
As required meetings
--------------------------------------------------
As Needed
As Needed
As Needed
--------
4.2.3
+------------------------------------------------------------------------------------------------
Respond to RFI's, prepare Addenda, provide supplemental instructions
--------------------------------------------
Yes
i-------------------------------------------------
$5,750.00
i------------------------------------ k---------------------------
i___________________________�
As Needed
As Needed
duringconstruction I
T----------------------------------------------------------------------
--------------------------------------------
I
•-------------------------------------------------
----------------------
---------------------
4.2.4
I Review product submittals
T-----------------------------------------------------------------------------------------------'
Yes
4
Provide support as -needed
i------------------------------------
I (-----
As Needed
As Needed
4.2.5
i Review progress payment invoices; review change order requests
--------------------------------------------
Yes
-------------------------------------------------
Provide support as -needed
------------------------------------
-----
As Needed
------
As Needed
--------
4.2.6
{------------------------------------------------------------------------------------------------
Review schedule updates for project tracking; request recovery
-------------------------------------------- {------------------------------------------------- {-------------------------------------- f___________________________{___________________________�
Yes Provide support as -needed As Needed As Needed
schedule, etc.
4.2.7
--------
Prepare punch list, determine substantial conformance
------------------------------------------------------------------------------------------------
Yes
--------------------------------------------
T------------------------------------------------
Provide support as -needed
iAs
I-----------------------------------/---------------------------I---------------------------i
Needed
As Needed
4.2.8
I Request and compile as -built information from Contractor and subs
Yes
Provide support as -needed
As Needed
As Needed
+-----------------------------------------------------------------------------------------------
--------------------------------------------
-------------------------------------------------
+---------------------------------------------------------------+---------------------------i
4.3
iBMP Inspection Services and SMARTS Reporting
As Needed
$16,675.00
As Needed
As Needed
t------------------------------------------------------------------------------------------------
-------------------------------------------- {------------------------------------------------- {------------------------------------ F___________________________{___________________________'
4.4
!Pad Certifications (2 Moves)
As Needed
$3,220.00
As Needed
As Needed
--------
4.5
+------------------------------------------------------------------------------------------------
lFinal Certification (1 Move)
---------------------------------------
As Needed
?
$3,220.00
;
As Needed i
As Needed
---------
4.6
--------------------------------------------------------------------------------------------'
;Prepare As-Builts
------------
----
--------------------------------------------
$3,940.00
------
-------------------------------------------------
$4,025.00
-----------------------------------T---------------------------I---------------------------
As Needed
As Needed
*SUBTOTAL FEES (Optional Task 4 only)
$52,925.00
$2Q035.00
$32,890.00
---------------------------------------
Reimbursables
$850.00
GRAND TOTAL w/ BASE FEES
$213,823.00
EXCLUSIONS: Materials (concrete, etc.) nor compaction testing during construction; deputy inspection; daily site manager2ept/ prevailing wage/DIR documentation
The scope and fees indicated above reflect our team's understanding and experience of what is necessary to bring this project to a successful completion. These design fees are based upon a $2 million
construction budget for improvements INCLUDING any necessary demolition and site work, with $1.5M allocated for the skate terrain footprint calculated at (20,000 SF @ $75/SF).
FY 2022-23 HOURLY RATE SCHEDULE
COMMUNITY WORKS DESIGN GROUP
CITY OF TEMECU LA
Principal Landscape Architect'stime at the fixed rate of: $2 -00 per hour
Principal Certified Access Specialist (CASp)'s time at the fixed rate of: ^215.00 per hour
Certified Access Specialist (CASp)'s time at the fixed rate of_ ^195.00 per hour
Senior Landscape Architect'st[me atthefixed rate of: S175.00 per hour
Certified Irrigation Designer's time at the fixed rate of: $175.00 per hour
Senior Project Manager's time at the fixed rate of_ $160.00 per hour
Construction Manager's time at the fixed rate of $160.00 per hour
ISA Certified Arborist's time atthefixed rate of: $160.00 per hour
FAA Part 107 sUAS Remote Pilot"stime at the fixed rate of: $160-00 per hour
Project Manager's time at thefnced rate of: $145- 0 per hour
Landscape Designers time at the fixed rate of: $130- 0 per hour
Design Assistant's time at the fixed rate of: $ 75.00 per h our
Office Manager's time at the fixed rate of $ 75.00 per hour
OUTSIDE CONSULTANTS
Services of outside consultants not listed in this proposal, atourdirect cast, plus 15% of the actual €ast
of their services for coordination_
REIMBURSABLE ITEMS
Reimbursable items, such as the cost of plotting, graphic reproduction and shipping;, at our direct cost
plus 15%_ Auto travel shall be charged at the current JRS Standard Mireage Rues_ Reimbursable items
are billed in addition to the stated fee.
TERMS AND CONDITIONS OF PAYMENT
We will bill in proportion to the percentage of work aamplete at the time of billing. All billing
state ments are due upon receipt. Interest will be charged at the rate of 2 per month on the past due
balance thirty days and over_
NIA
Alk
c7"
The Heart of Southern California
Wine Country
RONALD REAGAN SPORTS PARK SKATE PARK
Parks/Recreation Project
Project Description: This project will remove and replace the existing skate
park and install state-of-the-art street skate plaza elements.
Benefit: This project will upgrade the existing aging facility and provide state-
of-the-art recreation opportunity for the City's residents. In addition, this
project satisfies the City's Core Values of a Healthy and Livable City, A Safe
and Prepared Community, and Accountable and Responsive City
Government.
Core Value: Healthy and Livable City
Project Status: This is a new project.
Department: Public Works - Account No. 210.290.999.222
Level: I
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
2022-23
Prior Years
2021-22 Adopted 2023-24 2024-25 2025-26 2026-27
Total Project
Project Cost:
Actuals
Adjusted Budget Projected Projected Projected Projected
Cost
Administration
25,000
25,000
Construction
895,000
895,000
Design & Environmental
80,000
80,000
Total Expenditures
1,000,000 - -
1,000,000
Source of Funds:
Measure S 1,000,000 1,000,000
Total Funding 1,000,000 1,000,000
Future Operating & Maintenance Costs:
Total Operating Costs
189
Item No. 6
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: February 28, 2023
SUBJECT: Approve Agreements for On -Call Excavation, Backfill, and Grading Maintenance
Services for Fiscal Years 2023-2028
PREPARED BY: Stacey Biddle, Management Assistant
Julie Tarrant, Principal Management Analyst
RECOMMENDATION: That the City Council approve agreements for on -call excavation,
backfill, and grading maintenance services for Fiscal Years 2023-2028 with Miko Mountain Lion,
Inc., and NPG, Inc., in the amount of $1,000,000 each for the total term of the agreement.
BACKGROUND: On November 22, 2022, the Department of Public Works posted a
Request for Proposals (RFP) No. 263 on the City's online bidding service, PlanetBids, for On -Call
Excavation, Backfill and Grading Maintenance Services. A total of three proposals were received
by or before the deadline to submit of December 14, 2022. A review panel was formed to provide
a fair and thorough review of the three proposals that were submitted, and after a thorough
evaluation and rating process it was determined that both Miko Mountain Lion, Inc., and NPG,
Inc., were the best qualified contracting firms to perform work, as outlined in the scope of services
of the RFP, and at the most competitive prices.
Staff is requesting to approve agreements with two firms to ensure immediate availability of
services in the event of an emergency, and to further continue to maintain various city owned
properties, drainage channels, emergency call out services, and additional work as needed
throughout the city. Staff respectfully recommends approval of both agreements for On -Call
Excavation, Backfill, and Grading Maintenance Services.
FISCAL IMPACT: Adequate funds are available for Fiscal Year 2022-2023 and will be
requested in the Department of Public Works, Maintenance Division in the following Fiscal Years
2024-2028 Annual Operating Budget.
ATTACHMENTS: 1. Agreement - Miko Mountain Lion, Inc.
2. Agreement - NPG, Inc.
AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
CITY OF TEMECULA AND MIKO MOUNTAIN LION, INC.
ON -CALL EXCAVATION, BACKFILL, AND GRADING MAINTENANCE SERVICES
THIS AGREEMENT is made and effective as of February 28, 2023, between the City of
Temecula, a municipal corporation (hereinafter referred to as "City"), and Miko Mountain Lion,
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 February 28, 2023, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2028, unless
sooner terminated pursuant to the provisions of this Agreement.
The Agreement price shall be adjusted at the beginning of each fiscal year in accordance
with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -
San Bernardino -Ontario Core Based Statistical Area using the most recently published month
annual percentage change.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the Work
shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. No
work requested by the Director of Public Works under this Agreement shall exceed sixty thousand
dollars ($60,000). For any work requested by the Director of Public Works that exceeds twenty-
five thousand dollars ($25,000), the Contractor shall post a payment bond as required by Civil
Code Section 9550.
3. PAYMENT
a. I he City agrees to pay Contractor monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though set forth in full,
based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment
rates and schedule of payment, are null and void. This amount shall not exceed One Million
Dollars ($1,000,000) for the total term of this agreement unless additional payment is approved
as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the City Manager.
Contractor shall be compensated for any additional services in the amounts and in the manner
as agreed to by City Manager and Contractor at the time City's written authorization is given to
Contractor for the performance of said services.
G. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of receipt
of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall
give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed
fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor
shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as
approved by the Director of Finance.
4. PERFORMANCE
Contractor shall faithfully and competently exercise the ordinary skill and competence of
members of their profession. Contractor shall employ all generally accepted standards and
practices utilized by persons engaged in providing similar services as are required of Contractor
hereunder in meeting its obligations under this Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed
and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor shall
submit to City, in writing, all claims for compensation under or arising out of this Agreement. The
acceptance by Contractor of the final payment shall constitute a waiver of all claims against City
under or arising out of this Agreement, except those previously made in writing and request for
payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement
with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Agreement from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or
sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor
shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code,
Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or
portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated
prevailing rates for any work done under this Agreement, by him or by any subcontractor under
him, in violation of the provisions of the Agreement. This project, work, or service will be subject
to compliance monitoring and enforcement by the Department of Industrial Relations (DIR)
pursuant to Labor Code Section 1771.4.
08/06/2021
8. 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 httpl/www.dir.ca.pov/Public-Works/PublicWorks.htmi
9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
10. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Contractor. If such failure by the Contractor to make progress in the performance of
work hereunder arises out of causes beyond the Contractor's control, and without fault or
negligence of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Contractor with written notice of the default. The Contractor shall have ten (10) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance. In the
event that the Contractor fails to cure its default within such period of time, the City shall have the
right, notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice to any other remedy to which it may be entitled at law, in
equity or under this Agreement.
11. 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
08/06/2021
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.
12. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection with
the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability Form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a
non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: Two Million ($2,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One Million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation insurance is required only if Contractor
employs any employees. Contractor warrants and represents to the City of Temecula, Temecula
Community Services District, and/or the Successor Agency to the Temecula Redevelopment
Agency that it has no employees and that it will obtain the required Worker's Compensation
Insurance upon the hiring of any employees.
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
08/06/2021
activities performed by or on behalf of the Contractor; products and completed operations of the
Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased,
hired or borrowed by the Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to the City of Temecula, the Temecula Community Services District,
and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees or volunteers.
2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the City of Temecula, the Temecula Community
Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers,
officials, employees and volunteers. Any insurance or self -insured maintained by the City of
Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City of
Temecula, the Temecula Community Services District, the Successor Agency to the Temecula
Redevelopment Agency, their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be endorsed
to state: should the policy be canceled before the expiration date the issuing insurer will endeavor
to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A-: 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. 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.
By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
08/06/2021
13. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
14. 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.
15. 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.
16. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of
difficulties that may be encountered in the execution of the work under this Agreement, as a result
of failure to make the necessary independent examinations and investigations, and no plea of
reliance on initial investigations or reports prepared by City for purposes of letting this Agreement
out to proposal will be accepted as an excuse for any failure or omission on the part of the
Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
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 Contractor, or Contractor's sub -contractors for this project,
during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents
to the City that no officer or employee of the City of Temecula that has participated in the
development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify
[�FIGI:if��iY�il
the City in the event any such interest is discovered whether or not such interest is prohibited by
law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
22. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this Agreement
must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable
document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage
prepaid, return receipt requested, addressed to the address of the party as set forth below or at
any other address as that party may later designate by Notice. Notice shall be effective upon
delivery to the addresses specified below or on the third business day following deposit with the
document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Contractor: Miko Mountain Lion, Inc.
Attn: Mike Monteleone, Jr.
3065 Mickelson Way
Murrieta, CA 92563
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
08/06/2021
to, and including, the date of termination or as may be otherwise agreed to in writing between the
City Council and the Contractor.
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect,
all licenses required of it by law for the performance of the services described in this Agreement.
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. 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. LABOR AND MATERIAL BONDS
Within ten (10) business days from the City Manager approval of this Agreement,
Contractor shall provide the City with a Labor and Materials Bond to secure payment to any
contractor, sub -contractor persons renting equipment, or furnishing labor or materials for the work
required to be constructed or installed pursuant to this Agreement in the additional amount of the
Agreement. The bond shall be in substantially the form attached as Exhibit C, incorporated herein
by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the
State of California and approved by the City.
28. 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 MIKO MOUNTAIN LION, INC.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By: By:
— 0./. /Z/, 4" �' � , -') C jr
Zak Schwank, Mayor Mike Monte one Jr., CEO
ATTEST:
By:
Randl Johl, City Clerk
APPROVED AS TO FORM:
By:
Mike
By:
Peter M. Thorson, City Attorney CONTRACTOR
Miko Mountain Lion. Inc.
Contact Person: Mike Monteleone Jr.
3066 Mickelson Way _
Murrieta CA 92663
Phone Number: 961852-5006
mikomountainlion@gmail.com
City Purchasing Mgr.
Initials and Date:
a
9
08/06/2021
EXHIBIT "A"
SCOPE OF WORK
Contractor recognizes and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City of Temecula and the Contractor, for future on -call
excavation, backfill, and grading maintenance services at the various locations upon real and
personal property of the City. Work will include maintenance services, and emergency call -out.
The procedure for assigning work is set forth as follows:
1. The City Manager or his designee shall submit to Contractor a written "Request for
Work". The Request for Work shall include a description of the work to be completed, the time
for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise the City Manager whether it can perform
the work and specify the cost of material which will be required and the estimated cost of labor
and equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the City Manager may transmit the
Request for Work orally to the Contractor. As soon as practical following the emergency, the
Contractor and Director shall in good faith confirm in writing the scope of the emergency work
undertaken.
4. Upon acceptance of the Contractor's response by the City Manager, the Contractor
shall proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
The work to be done consists of furnishing all materials, equipment, tools, labor and
incidentals as required by the Agreement Documents for the above -stated services. The
general items include excavation, backfill, and grading maintenance services to the City.
Work shall be in accordance with the Standard Specifications for Public Works
Construction ("Green book").
1. Work may include:
Emergency response
• Concrete flat work
• Earthwork
• Debris removal
• Traffic control
• Guardrail work
• Channel work and repairs
• Storm drain and/or drain line work
10
08/06/2021
• Catch basin repairs and maintenance
• Downspout work
• Aggregate delivery/purchase
• Additional excavation, grading, and backfill services as requested by City staff
2. Earthwork:
• Create and maintain a safe work site;
• Minimize risk of damage to equipment and facilities;
• Plan the project to minimize unplanned utility outages;
• Assign appropriate responsibilities to specific individuals;
• Prepare appropriate scope of work for requested tasks;
• Assure the earthwork is uses the appropriate techniques and equipment;
• Report immediately to the City any damaged utilities.
• The earthwork covers excavation, moving and placing of materials forming the
surface of the earth (including construction water) in such a manner that the
cut, fill, excavation, trench, backfill, or any similar operation can be executed
with the use of commonly used for these types of operations and may include
clearing, grubbing, and erosion control activities.
3. Upon project completion, remove all marker flags/cones and ensure the project area
has been cleared of debris and returned to service.
4. Public Safety:
• The Contractor shall conduct maintenance operations so as to minimize
inconvenient to the public and to abutting property owners.
® Any materials or equipment brought to the site for use during any day shall be
placed where it will not interfere with the free and safe passage of traffic and
pedestrians.
• The Contractor shall correct any hazardous condition immediately. If the
Contractor fails to correct the hazardous condition immediately, the City reserves
the right to install or have installed the necessary lights, barricades, etc. The cost
involved shall be deducted from any money due or to become due the
Contractor.
5. The Contractor shall implement strategies in work operations to reduce fossil fuel
consumption and emissions such as: use hand powered equipment when possible;
minimize use of gas -powered blowers; select the smallest, most fuel -efficient
equipment to accomplish the work; consider vehicles that operate on natural gas or
biodiesel; maintain equipment properly and keep it well -tuned; and emphasize
employee carpooling to jobsites.
6. The Contractor shall use local products and supplies to the extent possible.
7. The Contractor shall refuel and repair equipment in a safe manner to protect against
accidental spills. Limit refueling to specific and limited areas on a site. Measures
shall be taken to prevent, control, and clean-up spills. Clean-up shall be immediate,
automatic and routine and performed by a trained staff member or a licensed
il
08/06/2021
cleaning company. Contact the local emergency response team agencies to report
all minor or major spills.
8. Contractor must have:
• Material safety data sheets (MSDS) available at all times while on the job
site;
• Licensed personnel for Traffic Control;
• Provide 24-hour Emergency Service, within 2 hours' response time;
• Ability to perform work at night during grave yard hours at no extra charge;
• Ability to work on weekends and holidays.
12
08/06/2021
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
Equipment ! Position
Rate Per Hour !
Regular Rate
Saturday
Overtime
Holiday I Sunday
Overtime
D4G Dozer
$
150.00
$
165.50
$
182.00
D6RLGP
$
195.00
$
210.50
$
226.50
D6RXL
$
200.00
$
215.50
$
231.50
D6R W/Slope
$
245.00
$
260.50
$
276.50
824 Dozer
$
100.00
$
1 '15.50
$
131.50
D8K
$
195.00
$
210.50
$
226.50
D8R
$
265.00
$
280.50
$
296.50
D9R
$
270.00
$
285.50
$
301.50
D10R
$
300 00
$
315.50
$
331.50
200 Excavator
$
225.00
$
240.50
$
256.50
220 Excavator
$
240.00
$
255.50
$
271.50
350 Excavator
$
30f)$
315.50
$
331.50
400 Excavator
$
320.00
$
335.50
$
351.50
650 Excavator
$
400.00
$
415.50
$
431.50
430E Backhoe
$
205.00
$
220.50
$
236.50
450E Backhoe
$
235.00
$
250.50
$
266.50
30 MF Skip/Mower
$
130.00
$
145.50
$
161.50
450C Loader
$
200.00
$
215.50
$
231.50
950 Loader
$
220.00
$
235.50
$
251.50
977 Loader
$
0 00
$
175.50
$
191.50
973 Loader
$
160.00
$
175.50
$
191.50
963 Track Loader
$
170.00
$
185.50
Is
201.50
12G Motor Grader
$
180.00
$
195.50
$
211.50
140 Motor Grader
$
225.00
$
240.50
$
256.50
623 Scraper
$
180.00
$
195.50
$
211.50
860 Scraper
$
110.00
$
125.50
$
141.50
613 Scraper
$
125.00
$
140.50
$
'I56.50
657 Push Pull Scraper
$
225.00
$
240.50
$
256.50
13
08/06/2021
PRICING FORM (continued)
Equipment I Position
Rate Per Hour I
Regular Rate
Saturday I
Overtime
Holiday I Sunday
Overtime
10 Wheel Dump/pup
$
145.50
$
160.50
$
176.50
Hi-Side/End Dump
$
150.00
$
165.50
$
181.50
Skid Steer
$
195.00
$
210.50
$
226.50
4,000 gallon with Truck
$
150.00
$
165.50
$
181.50
2,500 gallon with Truck
$
170.00
$
187.50
$
203.50
6x6 Off Road Dump
Truck
$
110.00
$
125.50
$
141.50
26 Wheel Lowbed Truck
$
200.00
$
215.50
$
231.50
Foreman
$
130.00
$
145.50
$
161.50
Pick-up
$
110.00
$
125.50
$
141.50
Grade Checker
$
100.00
$
115.50
$
131.50
Laborer
$
95.00
$
110.50
$
126.50
Operator
$
100.00
$
115.50
$
131.50
Dated: 10/15/2022 By.
-4x4 .r1ir- vlt,)r
Signature of Authorized Representative
Michael Monteleone
Print Name and Title
14
08/06/2021
EXHIBIT "C"
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
BOND NO.
LABOR AND MATERIALS BOND
FOR
EXCAVATION, GRADING, & BACKFILL
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, WHEREAS, the City of Temecula has awarded to:
Miko Mountain Lion, Inc.
3065 Mickelson Way
Murrieta, CA 92563
Hereinafter called "Contractor," a contract for the work described as follows:
EXCAVATION, GRADING, & BACKFILL, 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 Title 15 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 Chapter 7 of Title 5 of Part 4 of
Division 3 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.
15
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled
to file claims under Section 3181 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
PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures
16
08/06/2021
AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
CITY OF TEMECULA AND NPG, INC.
ON -CALL EXCAVATION, BACKFILL, AND GRADING MAINTENANCE SERVICES
THIS AGREEMENT is made and effective as of February 28, 2023, between the City of
Temecula, a municipal corporation (hereinafter referred to as "City"), and NPG, Inc.,
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 February 28, 2023, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2028, unless
sooner terminated pursuant to the provisions of this Agreement.
The Agreement price shall be adjusted at the beginning of each fiscal year in accordance
with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -
San Bernardino -Ontario Core Based Statistical Area using the most recently published month
annual percentage change.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the Work
shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. No
work requested by the Director of Public Works under this Agreement shall exceed sixty thousand
dollars ($60,000). For any work requested by the Director of Public Works that exceeds twenty-
five thousand dollars ($25,000), the Contractor shall post a payment bond as required by Civil
Code Section 9550.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though set forth in full,
based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment
rates and schedule of payment, are null and void. This amount shall not exceed One Million
Dollars ($1,000,000) for the total term of this agreement unless additional payment is approved
as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the City Manager.
Contractor shall be compensated for any additional services in the amounts and in the manner
as agreed to by City Manager and Contractor at the time City's written authorization is given to
Contractor for the performance of said services.
08/06/2021
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of receipt
of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall
give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed
fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor
shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as
approved by the Director of Finance.
4. PERFORMANCE
Contractor shall faithfully and competently exercise the ordinary skill and competence of
members of their profession. Contractor shall employ all generally accepted standards and
practices utilized by persons engaged in providing similar services as are required of Contractor
hereunder in meeting its obligations under this Agreement.
CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed
and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor shall
submit to City, in writing, all claims for compensation under or arising out of this Agreement. The
acceptance by Contractor of the final payment shall constitute a waiver of all claims against City
under or arising out of this Agreement, except those previously made in writing and request for
payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement
with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Agreement from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at httP:11www.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.
8. 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/PubljcWorks.htm]
9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
10. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Contractor. If such failure by the Contractor to make progress in the performance of
work hereunder arises out of causes beyond the Contractor's control, and without fault or
negligence of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Contractor with written notice of the default. The Contractor shall have ten (10) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance. In the
event that the Contractor fails to cure its default within such period of time, the City shall have the
right, notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice to any other remedy to which it may be entitled at law, in
equity or under this Agreement.
11. 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
08/06/2021
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.
12. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection with
the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability Form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a
non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: Two Million ($2,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One Million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District,
the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees and volunteers are to be covered as insured's, as respects: liability arising out of
activities performed by or on behalf of the Contractor; products and completed operations of the
Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased,
hired or borrowed by the Contractor. The coverage shall contain no special limitations on the
O8/06/2021
scope of protection afforded to the City of Temecula, the Temecula Community Services District,
and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees or volunteers.
2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the City of Temecula, the Temecula Community
Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers,
officials, employees and volunteers. Any insurance or self -insured maintained by the City of
Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City of
Temecula, the Temecula Community Services District, the Successor Agency to the Temecula
Redevelopment Agency, their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be endorsed
to state: should the policy be canceled before the expiration date the issuing insurer will endeavor
to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance
shall not be considered to comply with these insurance requirements.
f. Verification of Covera e. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the City
before work commences. As an alternative to the City 's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
g. By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
13. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
08/06/2021
14. 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.
15. 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.
16. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of
difficulties that may be encountered in the execution of the work under this Agreement, as a result
of failure to make the necessary independent examinations and investigations, and no plea of
reliance on initial investigations or reports prepared by City for purposes of letting this Agreement
out to proposal will be accepted as an excuse for any failure or omission on the part of the
Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
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 Contractor, or Contractor's sub -contractors for this project,
during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents
to the City that no officer or employee of the City of Temecula that has participated in the
development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify
the City in the event any such interest is discovered whether or not such interest is prohibited by
law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
22. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this Agreement
must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable
document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage
prepaid, return receipt requested, addressed to the address of the party as set forth below or at
any other address as that party may later designate by Notice. Notice shall be effective upon
delivery to the addresses specified below or on the third business day following deposit with the
document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Contractor: NPG, Inc.
Attn: Mimi Stone
1354 Jet Way
Perris, CA 92571
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.
08/06/2021
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect,
all licenses required of it by law for the performance of the services described in this Agreement.
26. 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. 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. LABOR AND MATERIAL BONDS
Within ten (10) business days from the City Manager approval of this Agreement,
Contractor shall provide the City with a Labor and Materials Bond to secure payment to any
contractor, sub -contractor persons renting equipment, or furnishing labor or materials for the work
required to be constructed or installed pursuant to this Agreement in the additional amount of the
Agreement. The bond shall be in substantially the form attached as Exhibit C, incorporated herein
by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the
State of California and approved by the City.
28. 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 NPG, INC.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
r
By: By: l
ZakSchwank, Mayor Jeff fson„C
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
By:
Sharon Nelson, CFO
CONTRACTOR
NPG, Inc.
Attn: Mimi Stone
1364 Jet Way
Perris, CA 92671
(961) 940-0200
cstone@npgasphalt.com
City Purchasing Mgr.
Initials and Date:
�-- Vs r
9
08/06/2021
EXHIBIT "A"
SCOPE OF WORK
Contractor recognizes and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City of Temecula and the Contractor, for future on -call
excavation, backfill, and grading maintenance services at the various locations upon real and
personal property of the City. Work will include maintenance services, and emergency call -out.
The procedure for assigning work is set forth as follows:
1. The City Manager or his designee shall submit to Contractor a written "Request for
Work". The Request for Work shall include a description of the work to be completed, the time
for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise the City Manager whether it can perform
the work and specify the cost of material which will be required and the estimated cost of labor
and equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the City Manager may transmit the
Request for Work orally to the Contractor. As soon as practical following the emergency, the
Contractor and Director shall in good faith confirm in writing the scope of the emergency work
undertaken.
4. Upon acceptance of the Contractor's response by the City Manager, the Contractor
shall proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
The work to be done consists of furnishing all materials, equipment, tools, labor and
incidentals as required by the Agreement Documents for the above -stated services. The
general items include excavation, backfill, and grading maintenance services to the City.
Work shall be in accordance with the Standard Specifications for Public Works
Construction ("Green book").
1. Work may include:
• Emergency response
• Concrete flat work
• Earthwork
• Debris removal
• Traffic control
• Guardrail work
• Channel work and repairs
• Storm drain and/or drain line work
10
:�klUIy6��Y�i
• Catch basin repairs and maintenance
• Downspout work
• Aggregate delivery/purchase
• Additional excavation, grading, and backfill services as requested by City staff
Earthwork:
• Create and maintain a safe work site;
• Minimize risk of damage to equipment and facilities;
• Plan the project to minimize unplanned utility outages;
• Assign appropriate responsibilities to specific individuals;
■ Prepare appropriate scope of work for requested tasks;
■ Assure the earthwork is uses the appropriate techniques and equipment;
• Report immediately to the City any damaged utilities.
• The earthwork covers excavation, moving and placing of materials forming the
surface of the earth (including construction water) in such a manner that the
cut, fill, excavation, trench, backfill, or any similar operation can be executed
with the use of commonly used for these types of operations and may include
clearing, grubbing, and erosion control activities.
3. Upon project completion, remove all marker flags/cones and ensure the project area
has been cleared of debris and returned to service.
4. Public Safety:
• The Contractor shall conduct maintenance operations so as to minimize
inconvenient to the public and to abutting property owners.
• Any materials or equipment brought to the site for use during any day shall be
placed where it will not interfere with the free and safe passage of traffic and
pedestrians.
• The Contractor shall correct any hazardous condition immediately. If the
Contractor fails to correct the hazardous condition immediately, the City reserves
the right to install or have installed the necessary lights, barricades, etc. The cost
involved shall be deducted from any money due or to become due the
Contractor.
5. The Contractor shall implement strategies in work operations to reduce fossil fuel
consumption and emissions such as: use hand powered equipment when possible;
minimize use of gas -powered blowers; select the smallest, most fuel -efficient
equipment to accomplish the work; consider vehicles that operate on natural gas or
biodiesel; maintain equipment properly and keep it well -tuned; and emphasize
employee carpooling to jobsites.
6. The Contractor shall use local products and supplies to the extent possible.
7. The Contractor shall refuel and repair equipment in a safe manner to protect against
accidental spills. Limit refueling to specific and limited areas on a site. Measures
shall be taken to prevent, control, and clean-up spills. Clean-up shall be immediate,
automatic and routine and performed by a trained staff member or a licensed
m
08/06/2021
cleaning company. Contact the local emergency response team agencies to report
all minor or major spills.
8. Contractor must have:
• Material safety data sheets (MSDS) available at all times while on the job
site;
• Licensed personnel for Traffic Control;
■ Provide 24-hour Emergency Service, within 2 hours' response time;
• Ability to perform work at night during grave yard hours at no extra charge;
■ Ability to work on weekends and holidays.
12
08/06/2021
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
*ON -CALL EXCAVATION, BACKFILL & GRADING■
•• WS EQUIPMENT NPG CAN SUPPLY FOR THE PROJECT MENTIONED ABOVE '•
" ALL HEAVY EQUIPMENT IS SUBJECT TO A $500 MOVE IN OUT OR AS NEGOTIATED fR
F
LU
QTY.
DESCRIPTION
UNIT
UNIT PRICE
TOTAL
1
Blaw Knox 4410-Rubber Track
W-16' Screed
HR
3DO-00
2
Cedar Rapids 552 Paver- Rubber Tire -Pneumatic
10'-20' Screed
HR
3DO.00
w
3
Cedar Rapids 352 Paver- Rubber Tire -Pneumatic
8'-15' Screed
HR
300.00
4
Carlson CP130 2023
8'-15' Screed
HR
300_DO
5
Carlson CP100
8'-15' Screed
HR
300.DO
0
Automatics
DAY
5D0.DO
7
8-10 TN Double Drum Smooth Drum Roller
DAY
500.00
8
5-8 TN Double Drum Smooth Drum Roller
DAY
500,D0
9
3-5 TN Double Drum Smooth Drum Roller
DAY
5W00
g10
Y. TN Double Drum Smooth Drum Roller
DAY
250.00
w
11
1 TN Double Drum Smooth Drum Roller
DAY
250.00
12
8-10 TN RTR Rubber Tire Roller
DAY
500.00
13
10-12 TN Double Drum Smooth Drum Roller 2023
DAY
550.00
14
1
Wirtoen W150 Cold Milling
Needs Cvamdsrrur ft-*Q
First FIRS S3,000 Prawrxml S550 Any additional hr
15
Wrrigen 4 ft. Mill
First FRS $2 8W I1Niitinu r . SW Any additional hr
16
1
246 CAT Will 8' Gander tenon, aumat Kamaoar aftwpim�rq
First 4 FIRS 31.500 Alinirrram S150 Aay addWwtd it
17
Demo Hammer Backhoe Cx14
First l#�4 $1 SOD Mirimun $350 Any additional tv
18
4WD Skip Loader
DAY I275_(10
19
3 Yard Loader
DAY 1 450.00
20
John Deere 14'tier4 (NEW)
5850 pff day-33400 par week.31
500 per month
r
21
Bruce Kick Broom
DAY
325.00
22
Berm Machine
Will Need Crew Truck
DAY
350.00
23
D4G Dozer
HR
450.00
O
24
D6RLGP
HR
550.00
m
25
D8K
HR
700.00
26
229 Excavator
HR
450.00
27
43DE Backhoe
HR
300.DO
=
28
30 SKIPIMOWER
HR
125.00
29
450C Loader
HR
350.00
30
950 Loader
HR
375.00
31
140MolorGrader
HR
4WOO
32
613Semw
HR
475.00
33
2000 Gallon Water Truck
DAY
350.00
34
10 Wheel Dump I Hi -Side f End Dump
Operated
HR
1 150.00
R
35
Oil Spread Truck (2.000 91. capacity)
First 2 HRS S ADD (MnirrKm). S175 Any additional Ir
36
Tack Rig 200 albs FOB
DAY
250.00
37
Asphalt or Concrete Crew Truck 1 Tools
DAY
500.00
38
MacNneOperator (n.IKrIFELpommasHmATmuuwRATei
Prevailing
HR
130.00f195.00
39
Screed Operator
Prevailing
HR
130.00/195.00
40
Roller Operator
Prevai
HR
130.001195.00
41
Raker
Prevailing
HR
120-001180.00
$
42
Grotardsman - for Item# 14
Prevail-
FIR
120.00/180.00
43
Laborer / Concrete Finishers
Prevairwg
HR
120.001180.00
44
Grade Cheer
Prevailing
HR
120.00(180.00
45
4,000 Gallon with Truck
HR
250.00
46
2 500 Gallon with Truck
HR
175.00
47
Equipment Move
Er\
500.00
0
48
Arrow Board
we Need Clew Tnr9r
DAY
200.00
49
1
SS1 H Tack Material - for Item# 36
GALLON
7.50
50
13
08/06/2021
OTY.
DESCRIPTION
UNIT
UNIT PRICE
TOTAL
1
PolyPatcher
DAY S500i WEEK $2.800 i MONTH $11,200.00
2
PolyPatcher Product - MasticOne
30lb Box includes Eller & binder 538.50ibox
3
Black Sand 501b Bag
EA
25.00
4
Black Sand 1001b Bag_
EA
30.00
5
Craftco Metter 125
DAY $4251 WEEK $2.5001 MONTH $9,800.00
6
Crafco Pavement Cutter/ Router PLUS Bill
DAY $225+ WEEK $1.2OW MONTH $3.000
(NOTE: Item 5 Crafco Pavement Cutter comes with trailer, bits installed at $90 each.
Unit takes 6 bits. Renter keeps bits at end of rental)
540.00
7
#315 Cold our Crack Fill
5 GALLON
75.00
8
#615 GoldFlex Hat Crack Fill
351b Boxes
Box
35-00
9
Crafco LoopSeal Hot Crack fill
301b Boxes
EA
35.00
10
SCM300 Seal Machine B
300 GALLON
DAY
400.00
11
ST-550 Seal Tank Trailer
DAY
450.00
12
ST-550 Seal Tank Trailer wt spray unit
DAY
1 450-00
13
ST-1300 Seal Tank Trailer wl spr4 unit
DAY
1 450-00
14
Job Tanks ST6000 — Holds up to 6.000 gallons
DAY
1 450-00
UP TO ONE 1
WEEK WITH MATERIALS
15
ST-2000 Tanker —with pump W-f Men
OPERATED -FIRST 4 HRS $1.906 (MI III MUMI. S250.00 PER MR THEREAFTER WITH A S250.00
CLEAR -UP FEE JWCLUDES MOVE IN -OUT
16
ST-2000 TankerlGame Changer —with 1411
Spreader Bar/W-2 Men & 13' Spray Bar
OPERATED_ FIRST 4 MRS $2—W (N9NIMUNO, $3500.00 PER MR THEREAFTER WITH A $250.00
CLEAILUP FEE
37
Graco Line Lazar 39DD- Dua! gun
350-00
18
#310 GoldCoat Slurry Seal
Lame Volume POR
GALLON
3.50 x..-
19
Buggy Operator
130.001195.00
20
MelterOperator
130.001195.00
21
Laborer
120-001180.00
22
Equipment Move In10ut
EA
500-00
23
1 Crew Truck with Tools
DAY
500.00
14
08/06/2021
L*AV M I _*I
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
BOND NO.
LABOR AND MATERIALS BOND
FOR
EXCAVATION, GRADING, & BACKFILL
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, WHEREAS, the City of Temecula has awarded to:
NPG, Inc.
1354 Jet Way
Perris, CA 92571
Hereinafter called "Contractor," a contract for the work described as follows
EXCAVATION, GRADING, & BACKFILL, 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 Title 15 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 Chapter 7 of Title 5 of Part 4 of
Division 3 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.
15
08/06/2021
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled
to file claims under Section 3181 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
PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
Attach Notarial Acknowledgement or Jurat for both the Surety and Princi al Si natures
16
08/06/2021
Item No. 7
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: February 28, 2023
SUBJECT: Approve an Increase to the Professional Services Contingency Authorization for
the Margarita Recreation Center Project, PW 17-21
PREPARED BY: Amer Attar, Engineering Manager
Nino Abad, Senior Civil Engineer
RECOMMENDATION: That the City Council:
1. Approve an increase to the contingency for professional services for the Margarita
Recreation Center Project, PW 17-21 by $150,000; and
2. Increase the City Manager's authorized contingency by $150,000.
BACKGROUND: The Margarita Recreation Center (MRC), PW 17-21 is a Capital
Improvement Program (CIP) project to design -build a new MRC building and pool to replace the
old facility. Currently, the design phase is complete, the old MRC facility has been demolished,
and the new MRC building and pool are under construction.
The new MRC will be approximately 8,600 square feet of indoor space including a classroom,
multipurpose room with operable partition, dance/fitness room, kitchen, administrative/reception
offices, lifeguard/aquatic and first aid rooms, locker rooms, and restrooms. The new center's
outdoor facilities include multiple patio spaces and a 65'wide x 75' long pool with shallow depth
entry, transitioning to a 9' maximum depth, with a 3/4 meter height diving board. An accessory
structure for mechanical equipment related to the pool as well as additional storage is also included.
On February 26, 2019, the City Council approved an agreement for consultant services with NV5,
Inc. in the amount of $880,365 and authorized the City Manager Extra Work Authorizations not
to exceed the contingency amount of $88,036.50 for the project. The agreement generally included
the development of preliminary design and bridging documents, bid support, design -build project
management services, geotechnical inspections, special inspections, and construction management
services.
On September 13, 2022 the City Council approved an increase of $80,000 to the City Manager's
authorized contingency for additional design phase work, construction management services, and
inspection services related to City requested increases to the project scope.
At this time various unforeseen circumstances, such as supply issues for critical electronic
components, have increased the anticipated construction duration of the project which also
increases the construction management and inspection effort.
Staff recommends an increase to the City Manager's authorized contingency in the amount of
$150,000 for a total authorized contingency of $318,036.50.
FISCAL IMPACT: The Margarita Recreation Center project is identified in the City's
Capital Improvement Program (CIP) budget for Fiscal Years 2023-27 funded with Capital
Financing, DIF (Park & Rec Improvements), and Measure S. There are sufficient funds in Account
No. 210.265.692 to increase the authorized contingency by $150,000.
ATTACHMENTS: Project Description
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The Heart of Southern California
Wine Country
MARGARITA RECREATION CENTER
Infrastructure Project
Project Description: This project consists of the construction of a new
recreation center in Michael "Mike" Naggar Community Park in place of the
former YMCA building. The project includes the demolition of the existing
building and pool, constructing a new building and pool as determined by a
Community Needs Assessment and available budget. The Information
Technology component includes camera system infrastructure, access
control, Public Wi-Fi and other identified technology needs.
Benefit: This project will provide the City a new facility to meet the
increasing demands of recreational programs.
Core Value: Healthy and Livable City
Project Status: Concept design completed in 2020. Design -Build to start in
March 2021. Construction completion is anticipated in late 2022 and grand
opening in early 2023.
Department: Public Works - Account No. 210.265.999.692 / PW17-21
Level: I
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
-,4
Project Cost:
Prior Years
Actuals
2022-23
2021-22 Adopted 2023-24 2024-25 2025-26 2026-27
Adjusted Budget Projected Projected Projected Projected
Total Project
Cost
Administration
187,250
349,407
536,657
Construction
8,800,459 1,195,000
9,995,459
Construction Engineering
6,646
6,646
Design & Environmental
324,973
643,429 80,000
1,048,402
Information Technology
344,343
180,000 490,000
1,014,344
Total Expenditures
856,567
9,979,941 1,765,000
12,601,508
Source of Funds:
Capital Financing
6,405,000
6,405,000
DIF-Park & Rec Improvements
600,000
600,000
DIF-Police Facilities
137,000
137,000
Measure 5
1,636,773
2,057,735 1,765,000
5,459,508
Total Funding
i 8,041,773
2,794,735 1,765,000
12,601,508
Future Operating & Maintenance Costs:
Total Operating Costs 1 1 852,844 879,730 903,157 923,5511
Notes :
1. Operating & Maintenance costs reflect the staffing, utilities, landscaping, security and supplies costs associated with the operation of this new
facility.
2. Capital Financing reflects the Temecula Public Financing Authority's 2018 Lease Financing arrangement which provides $6.4M in funding, with a
term of 15 years at an interest rate of3.42%, repaid by the General Fund.
143
Item No. 8
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: February 28, 2023
SUBJECT: Approve Plans and Specifications and Authorize Solicitation of Construction Bids
for the Mary Phillips Senior Center Outdoor Recreational Area Project, PW22-08
PREPARED BY: Avlin R. Odviar, Principal 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 Mary Phillips Senior Center Outdoor Recreational Area
Project, PW22-08; and
2. Make a finding that this project is exempt from NEPA per CFR 24, Section
58.34(a)(12), Categorical Exclusions; and
3. 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 Mary Phillips Senior Center Outdoor Recreational Area Project
(Project) is an infrastructure project that will include the construction of an outdoor recreational
area behind the Mary Phillips Senior Center.
The Project includes three shuffleboard courts, seating areas, shade structures, landscaping,
irrigation, perimeter wrought -iron fence/gate, lighting, storage and refuse areas.
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 $366,000 and estimate of construction duration is
30 working days (approximately 1.5 months).
The project is exempt from NEPA requirements pursuant to 24 Code of Federal Regulations,
Section 58.34(a)(12), Categorical Exclusions. There are no circumstances which require
compliance with any of the federal laws and authorities and the section sites the categorical
exclusions listed in CFR 58.35(a). The project is an existing public facility that does not change
in size or capacity.
This project is exempt from CEQA requirements pursuant to Article 19, Categorical Exemption,
Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that minor
additions to existing structures are Class I activities which are exempt from CEQA.
FISCAL IMPACT: The Mary Phillips Senior Center Outdoor Recreational Area Project
is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2023-2027,
as amended and is funded with Community Development Block Grant Corona Virus (CDBG-
CV2) funds. Adequate funds are available in the project accounts.
ATTACHMENTS: 1. Project Description
2. Project Location
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111111 The Heart of 5out>�ornia
Wine Country
MARY PHILLIPS SENIOR CENTER OUTDOOR RECREATIONAL AREA
Infrastructure Project
Project Description: This project includes the design and construction of a multi -use outdoor recreational
area adjacent to the Mary Phillips Senior Center. In addition, the heating, ventilation, and air conditioning
(HVAC) units will be replaced. The multi -use outdoor recreational area could include a shuffleboard court
and other court -based activities.
Benefit: This project supports healthy and active lifestyles by promoting recreation programs and
facilities.
Core Value: Healthy and Livable City
Project Status: Design is complete and the project will be advertised for construction bids upon
authorization by the City Council.
Department: Public Works - Account No. 210.265.999.796 / PW22-08
Level: II
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
Prior Years 2021-22 2022-23 Mid -Year 2022-23 2023-24 2024-25 2025-26 2026-27 Total Project
Actuals I Adjusted Adopted Adjustment Budget Projected Projected Projected Projected Cost
Project Cost:
Budget
Administration
50,000
50,000
50,000
Construction
480,894
32,774 513,668
513,668
Construction Engineering
25,000
25,000
25,000
Design & Environmental
75,000
75,000
75,000
Total Expenditures 630,894 32,774 663,668 663,668
Source of Funds:
CDBG-CV2 630,894 32,774 663,668 663,668
Total Funding 630,894 32,774 663,668 663,668
Future Operating & Maintenance Costs:
Total Operating Costs
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Item No. 9
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: February 28, 2023
SUBJECT: Accept Improvements and File the Notice of Completion for Santa Gertrudis
Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04
PREPARED BY: Amer Attar, Engineering Manager
Nino Abad, Senior Civil Engineer
RECOMMENDATION: That the City Council:
1. Accept the construction of the Santa Gertrudis Pedestrian/Bicycle Trail Extension and
Interconnect Project, PW08-04; and
2. Direct the City Clerk to file and record the Notice of Completion, release Performance
Bond, and accept a one-year maintenance bond in the amount of 10% of the final
contract amount; and
3. Release Labor and Materials Bond seven months after filing the Notice of Completion
if no liens have been filed.
BACKGROUND: On March 23, 2021, the City Council awarded a construction
contract to Leonida Builders, Inc in the amount of $3,978,626.25 and authorized the City Manager
to approve construction change orders not to exceed the contingency amount of $397,862.63 for
the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04. On
April 12, 2022 the City Council authorized an increase to the authorized contingency and City
Manager's authority to approve change orders by the amount of $600,000 for a total authorized
contingency amount of $997,862.63.
The Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect, Project PW08-
04, constructed approximately one (1) mile of asphalt and concrete pedestrian and bicycle trail
mainly along the southern bank of the Creek, between Ynez Road and Winchester Road (east of
Diaz Rd). Construction consisted of improvements to existing Riverside County Flood Control
and Water Conservation District maintenance roads with new undercrossing and retaining walls at
Ynez Road, Interstate 15, and Jefferson Avenue.
Leonida Builders, Inc. has completed the work in accordance with the approved plans and
specifications and to the satisfaction of the Director of Public Works/City Engineer. All work is
warranted for a period of one year from September 30, 2022, the date the City obtained `Beneficial
use" of the project improvements. The retention for this project was released pursuant to the
provisions of Public Contract Code 7107.
The base amount of the construction contract was $3,978,626.25. Five (5) contract change orders
were issued in the amount of $924,056.56. This resulted in a total construction contract of
$4,902,682.81.
FISCAL IMPACT: There is no fiscal impact associated with accepting the project and
filing and recording the Notice of Completion.
ATTACHMENTS: 1. Notice of Completion
2. Contractor's Affidavit and Final Release
3. Maintenance Bond
RECORDING REQUESTED BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
Sections 6103 and 27383
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
Riverside County Flood Control and Water Conservation District (RCFCWD) and Caltrans
are the owners of the properties hereinafter described. The City of Temecula is a licensed
user of said RCFCWD property pursuant to a Master License Agreement for trail usage
and a Specific Facility License Exhibit with RCFCWD. The City of Temecula is an
authorized user of said Caltrans property pursuant to an encroachment permit and a
Project Specific Maintenance Agreement with Caltrans.
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 Leonida
Builders, Inc., 15821 Live Oaks Springs Road, Santa Clarita, CA 91387, to perform
the following work of improvement:
Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project,
PW08-04
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 February 28, 2023. That upon said contract Great American Insurance Company,
750 The City Drive South #470, Orange, CA ,92868 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:
Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project,
PW08-04
6. The location of said property is: The southern bank of Santa Gertrudis Creek from
Ynez Road to Winchester Road (east of Diaz Road)
Dated at Temecula, California, this 28' day of February, 2023.
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 28th day of February, 2023.
City of Temecula
Randi Johl, City Clerk
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for
SANTA GERTRUDIS PEDESTRIANIBICYCLE TRAIL EXTENSION AND INTERCONNECT
PROJECT NO. PW08-04
This is to certify that Leonida Builders, Inc.
(hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid
in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for
by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in
contribution to the execution of its Contract with the City of Temecula, with regard to the building,
erection, construction, or repilir of that certain work of improvement known as SANTA
GERTRUDIS PEDESTRIAN/BIOYCLE TRAIL EXTENSION AND INTERCONNECT, PROJECT
NO. PW08-04, situated in they of Temecula, State of California, more particularly described
as follows:
Santa Gertrudis Pedestrian / Bicvcle Trail Extension and Interconnect
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:
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: 02/13/2023
CONT OR:
By:
Signat re
Panagiotis Leonida- President, Secretary and Treasurer
Print Name and Title
RELEASE I R-1
2021-043
SURETY BOND REVIEW FORM
The attached surety bond(s) have been reviewed in the following amount(s):
PROJECT:
Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project,
PW08-04
CONTRACTOR:
Leonida Builders, Inc.
SURETY
BOND
TYPE
BOND
NUMBER
BOND
AMOUNT
Great American Insurance Company
Maintenance
3704785
$490,268.28
The surety company is ® is not ❑ an admitted company in the State of California:
■ Financial Strength Rating: A+ XV
■ A.M. Best #: 002213
■ NAIC M 16691
■ CA Company ID #: 1301-1
Insurance Verified By:
Risk Management Division
Approved As to Form:
Peter M. Thorson, City Attorney
NOTES:
02/14/2023
Date
Date
- Accept Improvements and File the Notice of Completion scheduled for the 2/28/23
City Council Meeting
- Corporate document for sole signer attached
ISSUED IN TWO (2) ORIGINAL COUNTERPARTS
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO. 3704785
MAINTENANCE BOND
for
SANTA GERTRUDIS PEDESTRIANIBICYCLE TRAIL EXTENSION AND INTERCONNECT
PROJECT NO. PWOS-04
KNOW ALL PERSONS BY THESE PRESENT THAT
LEONIDA BUILDERS, INC. -13651 SANTA ANA AVE., FONTANA, CA 92337
NAME AND ADDRESS OF CONTrRACTO
a CORPORATION (hereinafter called "Principal"), and
(fill in whether a Corporation; Partnership, or Individual)
GREAT AMERICAN INSURANCE COMPANY 750 THE CITY DR. SOUTH #470. ORANGE, CA 928G8
NAME AND ADDRESS OF SURETY
(hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter
called "Owner") In the penal sum of FOUR HUN0RE0HINETYTHOUSAN0TWO NNtlHCpGiKYVMtW2811DO DOLLARS
AND CENTS ($ 490,208.28 ) 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 31ST day of MARCH , 20 21 ,
a copy of which is hereto attached and made a part hereof for the construction of SANTA
GERTRUDIS PEDESTRIANIBICYCLE TRAIL. EXTENSION AND INTERCONNECT, PROJECT
NO. PW08-04.
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 30th day of 5EPTE9M59R 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 words done
under the terms of said Contract shall disclose poor workmanship in the execution of said work,
and the carrying out of the terms of said Contract, or it shall appear that defective materials were
furnished thereunder, then this obligation shall remain In full force and virtue, otherwise this
instrument shall be void.
As a part of the obligation secured hereby and In addition to the face amount specified, costs and
reasonable expenses and fees shall be included, including reasonable attorney's fees incurred
MAINTENANCE BOND MB-1
by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and
included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition
to the terms of the Contract, or to the work to be performed thereunder, or to the specifications
accompanying the same, shall in any way affect its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alteration, or addition to the terms of the
Contract, or to the work, or to the Specifications.
Signed and sealed this 8TH day of FEBRUARY 2023
(Seal)
SURETY: GREAT A ERICAN INSURANCE COMPANY PRINCIPAL:
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f�' ,4411d149���'�
N CHRISTIANSEN
Y-in-FACT
D AS TO FORM:
Peter M. Thorson, City Attorney
a
0
BUILDERS, INC.
►'� S INC
(Name) '�trrr�i�a��'►h�
(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
GREAT AMERICAN INSURANCE COMPANYO
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 0 FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FOUR
POWER OF ATTORNEY
No.O 20974
KNOW ALL MEN BY THESE PRESENT : That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under dis authority shall not exceed the limit stated below.
Name
PHILIP E. VEGA
KEVIN VEGA
BRITTON CHRISTIANSEN
MYRNA F. SMITH
Address
ALL OF
COVINA, CALIFORNIA
Limit of Power
ALL
$100,000,000
This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 7TH day of FEBRUARY 2020
Attest GREAT AMERICAN INS:U LANCE COMPANY
Assistant Secrelary Divisional Senior Vice President
STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK ViCAaio (877-377-2405)
On this 7TH day of FEBRUARY , 2020,before mepersonally appeared MARK VICARIO,tome known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so afLxed by authority of his office under the By -Laws of said Company, and that he signed his name thereto
by like authority.
3M A. KOf101'8t
Notary Pllblo, 3hft af0W
My Cortlmislaloil EVk" *1i=
'9�a'-"_ a ')4�
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of GreatAmerican Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: Thal the Divisional President the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contract: of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and
the respective limits of their authority; and to revoke ary such appointment at any time.
RESOLVEL FURTHER: That the Compare_.., seal and the signature of any of the afomsaidrifficerr aird any Secretary or Assistant Secretary of the
Company may be gffixed bv, facsrmrle to arty pmver of attorney or ceri(care of either given for the execution of aril, bond, undertaking. call
or other written obligation in the nature thereof: such s*gnaiura and seal when so aced being hereby adopted by the%Company as the n�t!'tt�rr rr 00 t b
officer and the ❑rignral seal of the company, to be valid and binding upon the Company with the sanre farce and ej eci as though mwVF h 1,�8+� � C oil
Q �f
••��E"�•��,�/P
CERTIFICATION
I, STEPHEN C_ BERAHA, Assistant Secretary of GreatAmerican insurance Company, do hereby certify that the lip •Pnr o�Ata y a►a[L
the Resolutions of the Board of Directors of June 9, 2048 have not been revoked and are now in full force and effect. % O
�' u
Signed and sealed this 8TH day of FEBRUARY 2023 'r j i!j •,
,
L1�, �
iaa ,7rJJ Jl t i Ill � p
Assistant Secretary
S1029AG (07/18)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is artached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of LOS ANGELES
On FEB 0 8 2023 bEfore me,
Date
Kevin Edward Vega, Notary Public
Here Insert Name and Title of the Officer
personally appeared Britton Christiansen, Attorney -in -Fact
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personjs� whose nameN is/arm
subscribed to the within instrument and acknowledged to me that helske/flay executed the same in
his/his/their authorized capacity(fesl and that by his/herfteix signature(, on the instrument the personNL
or the entity upon behalf of which the personN acted, executed the instrument.
`Y
KEVIN EDWARD 1—:GA
Notary Public • Cali-ornia
Los Angeles County
Commission p 2325181
Comm. Expires Apr 29, 2024
Place Notary Seal Abcve
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 o ' ial
Signature
Sig ttire of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent neat achment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Sigrer(s) Other Than Named Above:
Capacity(ies) Claimed by Signeres)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association - \-/ww.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and lot the truthfulness, accuracy, or validity of that document.
State of California 1
County of J}
On before me,FI�
ate r r 1jere Insert Name and Title of the Or
personally appeared '0 '
Name(s) of Signer(s)
who proved to me on the basis of sa.Isfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
r_ KEKLLY
yf -
YANIRA ORELLANA
Notary Public - California
Los Angeles County
Commission n 2289476
My Comm. Expires May 20, 2023
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature — '_A�
gnature of Notary Public
OPTIONAL
Completing this %-►formation can deter alteration of the document or
fraudulent reatbchment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:fl!/�ifL+
Document Date:' J'�" Number of Pages:
Signer(s) Other Than Named Abo•ie:
Capacity(ies) Clai ed by-Srgnels)
Si ner's Name: s ° �� Signer's Name:
Corporate Off cer — le( r r\Corporate Officer — Title(s):
❑ Partner — 0 Limited ❑ enerEl ❑ Partner — ❑ Limited ❑ Ge
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ A�}
❑ Trustee ❑ Guardiai or Conservator ❑ Trustee ❑
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
02018 National Notary Association
in -Fact
or Conservator
�F.ry
w 4 California Secretary of State
r Electronic Filing
A P
lFOR
Corporation - Statement of Information
Entity Name: LEONIDA BUILDERS, INC.
Entity (File) Number: C2985971
File Date:
03/19/2022
Entity Type:
Corporation
Jurisdiction:
CALIFORNIA
Document ID:
H344407
Detailed Filing Information
i
Secretary of State
State of California
1. Entity Name: LEONIDA BUILDERS, INC.
2. Business Addresses:
a. Street Address of Principal
Office in California: 15821 Live Oak Springs Canyon Rd
Santa Clarita, California 91387
United States of America
b. Mailing Address:
15821 Live Oak Springs Canyon Rd
Santa Clarita, California 91387
United States of America
c. Street Address of Principal
Executive Office:
15821 Live Oak Springs Canyon Rd
Santa Clarita, California 91387
United States of America
o
3. Officers:
a. Chief Executive Officer:
Panagiotis Leonida
co
15821 Live Oak Springs Canyon Rd
Santa Clarita, California 91387
United States of America
C:
N
b. Secretary:
Panagiotis Leonida
E
15821 Live Oak Springs Canyon Rd
U
Santa Clarita, California 91387
O
United States of America
0
Use bizfile.sos.ca.gov for online filings, searches, business records, and resources.
California Secretary of State
Electronic Filing
Officers (cont'd):
c. Chief Financial Officer:
4. Director:
Number of Vacancies on the Board of
Directors:
5. Agent for Service of Process:
6. Type of Business:
Panagiotis Leonida
15821 Live Oak Springs Canyon Rd
Santa Clarita, California 91387
United States of America
Panagiotis Leonida
15821 Live Oak Springs Canyon Rd
Santa Clarita, California 91387
United States of America
0
Panagiotis Leonida
15821 Live Oak Springs Canyon Rd
Santa Clarita, California 91387
United States of America
Construction
An Officer or Director of this Corporation has an outstanding final judgment issued by the Division of
Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the
violation of any wage order or provision of the Labor Code.
By signing this document, I certify that the information is true and correct and that I am authorized by
California law to sign.
Electronic Signature: Panagiotis Leonida
Use bizfile.sos.ca.gov for online filings, searches, business records, and resources.
11W
Item No. 10
ACTION MINUTES
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
FEBRUARY 24, 2023
CALL TO ORDER at 6:50 PM: President James Stewart
ROLL CALL: Alexander, Brown, Kalfus, 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 Schwank, Second by Alexander. The vote
reflected unanimous approval.
13. Approve Action Minutes of January 24, 2023
Recommendation: That the Board of Directors approve the action minutes of January 24,
2023.
14. Approve Fiscal Year 2022-23 TCSD Mid -Year Budget Adjustments
Recommendation: That the TCSD Board of Directors adopt the following resolution
entitled:
RESOLUTION NO. CSD 2023-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF
TEMECULA AMENDING THE FISCAL YEAR 2022-23 ANNUAL
OPERATING BUDGETS
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 6:52 PM, the Community Services District meeting was formally adjourned to Tuesday, February 28,
2023 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council
Chambers, 41000 Main Street, Temecula, California.
James Stewart, President
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 11
ACTION MINUTES
JOINT TEMECULA PUBLIC FINANCING AUTHORITY AND
CITY COUNCIL MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
FEBRUARY 14, 2023
CALL TO ORDER at 6:52 PM: Chair/Mayor Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
TPFA / COUNCIL PUBLIC COMMENTS — None
TPFA / COUNCIL PUBLIC HEARING
15. Approve Issuance of Special Tax Bonds for Temecula Public Financing Authority
Community Facilities District No. 16-01 (Roripaugh Ranch Phase 21
Recommendation: That the City Council/Board of Directors hold a public hearing
relating to the proposed issuance of special tax bonds for the
Temecula Public Financing Authority Community Facilities
District No. 16-01 (Roripaugh Ranch Phase 2), and adopt the
resolutions entitled:
RESOLUTION NO. 2023-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA MAKING FINDINGS WITH RESPECT TO AND
APPROVING THE ISSUANCE OF BONDS BY THE
TEMECULA PUBLIC FINANCING AUTHORITY
RESOLUTION NO. TPFA 2023-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS
FOR THE TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2), AND APPROVING
RELATED DOCUMENTS AND ACTIONS
Approved the Staff Recommendation (5-0): Motion by Brown, Second by Stewart. The
vote reflected unanimous approval.
TPFA / COUNCIL EXECUTIVE DIRECTOR REPORT
TPFA /COUNCIL BOARD OF DIRECTORS REPORTS
TPFA / COUCNIL ADJOURNMENT
At 7:04 PM, the Joint Temecula Public Financing Authority and City Council meeting was
formally adjourned to Tuesday, February 28, 2023 at 4:30 PM, for a Closed Session, with regular
session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula,
California.
Zak Schwank, Chair/Mayor
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 12
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: February 28, 2023
SUBJECT: Adopt Ordinance Amending Title 5 and 17 of the Temecula Municipal Code
Pertaining to Massage Establishment, Accessory Dwelling Unit, Car Wash, Flag
Pole Height Limits, Conditional Use Permits, Parking Garage Standards, Open
Space Zoning Designation, Live Entertainment, Alcoholic Beverage
Manufacturer, and Active and Passive Recreation and Find that this Ordinance is
Exempt from the California Environmental Quality Act (CEQA) Pursuant to
CEQA Guidelines Section 15061 (b)(3)
PREPARED BY: Mark Collins, Assistant Planner
RECOMMENDATION: That the City Council adopt an ordinance entitled:
[on 13I.I_10Lai a0[�a
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 5 AND 17 OF THE
TEMECULA MUNICIPAL CODE, MAKING MINOR
REVISIONS TO MASSAGE ESTABLISHMENTS,
ACCESSORY DWELLING UNIT (ADU), CAR WASH, FLAG
POLE HEIGHT LIMITS, AND CONDITIONAL USE PERMITS
(CUP'S), ESTABLISHES PARKING GARAGE STANDARDS,
CLARIFIES PERMITTED USES IN THE OPEN SPACE
ZONING DESIGNATION, IMPLEMENTS THE PROVISIONS
OF THE LIVE ENTERTAINMENT ORDINANCE
(ORDINANCE NO. 2022-06) FOR PLANNED
DEVELOPMENT OVERLAY ZONES 4 AND 10, MODIFY THE
DEFINITION OF ALCOHOLIC BEVERAGE
MANUFACTURER, AND ADD DEFINITIONS FOR ACTIVE
AND PASSIVE RECREATION, AND FIND THAT THIS
ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
CEQA GUIDELINES SECTION 15061 (B)(3)
SUMMARY OF
ORDINANCE: The proposed ordinance would make amendments to Titles 5 and
17 of the Temecula Municipal Code. Listed below is a summary of the proposed changes to the
Municipal Code, each of which is discussed in greater detail in the analysis section, which
follows:
1. Massage — Require all massage establishments to maintain telephone service capable of
independent dialing and contacting of 911 emergency services.
2. Massage — Clarify the limits of the exemption provision regarding chair massage.
3. Clarify that Open Space "OS" and Open Space Conservation "OS-C" zoning
designations permit specified passive recreation activities.
4. Modify Table 17.14.030 Schedule of Permitted Uses
5. Specific Plan (SP) Numbering — Update SP numbers
6. Update Planned Development Overlay 4 (PDO-4) to comply with Live Entertainment
License (Ord. 22-06)
7. Update Planned Development Overlay 10 (PDO-10) to comply with Live Entertainment
License (Ord. 22-06)
8. Accessory Dwelling Unit (ADU) Definition — Consolidate terms: guest house, and
secondary dwelling unit.
9. Guest House — Clarify that ADU's will be used in place of Guest House and Secondary
Dwelling Unit for residential accessory uses.
10. ADU Equipment and Separate Conveyance — Clarify that all utility equipment must be
screened from public view and that ADUs may be separately conveyed under certain
circumstances.
11. Conditional Use Permit (CUP) — Require physical posting of CUP's that permit the onsite
consumption of alcohol.
12. Communication and Microwave Installations — Clarify that such uses are not an approved
use in any Open Space or Open Space -Conservation Zoning designation.
13. Car Wash — Update the Supplemental Development Standards to further clarify the
existing two hundred (200) foot separation from residential zones includes all noise
generating equipment and areas of operation.
14. Alcoholic Beverage Manufacturers — Update definition to allow a single food truck as an
accessory use, subject to Riverside County Ordinance No. 580.
15. Add definitions for Active and Passive Recreation.
16. Implement Parking Garage Standards — Implement specific requirements for the
construction and safe operation of parking garages.
17. Flagpole Height — Add reference for flagpole height limits in commercial zones and
clarify that there is a fifty (50) foot maximum height.
18. Modify Table 17.03.010 —Require all modifications to a CUP go before a public hearing
(Directors Hearing) minimum.
19. Adult Oriented Business — Correct reference in Table 17.08.030
BACKGROUND: The City of Temecula City Council adopted the Municipal Code in
January 1990. Since its adoption, the City Council has periodically made amendments to various
sections of the Code to improve its clarity, make corrections and implement state law. The
proposed amendments to the Temecula Municipal Code include amendments to Title 5 (Business
Licenses and Regulations) and Title 17 (zoning).
Pursuant to Government Code Section 65800, the Planning Commission is required to review
and make recommendations to the City Council regarding zoning regulations and amendments to
Title 17 Zoning (Development Code) of the Temecula Municipal Code. The changes to Title 5
(Business Licenses and Regulations) of the Temecula Municipal Code of the proposed ordinance
fall outside the purview of the Planning Commission, in that it is not an amendment to Title 17.
However, staff felt it was important for the Planning Commission to review these proposed
changes as this proposed ordinance will place requirements on existing and future massage
establishments throughout the City. The item was presented at a public hearing to the Planning
Commission on November 16, 2022, and was recommended for adoption with a 4-0 vote.
City staff met with the City Council General Plan Update Ad Hoc Subcommittee on January 24,
2023. (Mayor Pro Tern James Stewart and Councilmember Jessica Alexander).
ANALYSIS
Outlined below is the explanation for the proposed amendments:
MassageOperations Section 5.22.080
Although every business operates with some risk involved, those risks are potentially
exacerbated for businesses whose primary function is personal physical contact and body
manipulation. Currently, there is no requirement for massage establishments to obtain or
maintain a form of telephone service for contacting first responders in the event of an
emergency. In effort to address the increased risk to these businesses, the proposed
ordinance would require all massage establishments, including exempt massage
establishments, to establish and maintain telephone service capable of dialing out to
emergency services, specifically 911.
2. Massage — Exemptions Section 5.22.120
The proposed ordinance would clarify that although exempt from the maximum number
of traditional massage establishments allowed by Chapter 5.22, all other requirements for
massage establishments are applicable and enforceable to include CAMTC certification,
and Police Department review. Additionally, the proposed ordinance clarifies that in no
case shall a chair massage establishment transition or transfer to a traditional massage
establishment. A new massage establishment permit shall be required.
3. Conservation District (OS-C) — Definition update 17.14.020
The proposed ordinance would specify that passive recreation uses are permitted within
the OS-C district and clarifies that profit generating activities are not permitted on a more
than temporary basis.
4. Permitted Uses — Open Space/Recreation/Conservation Table 17.14.030
The proposed ordinance would clarify that Bicycle Paths are a permitted use within the
Open Space and Open Space -Conservation Zoning District.
5. Update Specific Plan Numbers — Approved Specific Plans Section 17.16.070
Update the list of approved specific plans with the correct previous specific plan numbers
for Specific Plan No. 1 and Specific Plan No. 8. Additionally, it would add: Specific Plan
No. 14 "Uptown Temecula" and Specific Plan No. 15 "Altair."
6. Live Entertainment — Planned Development Overlay District No. 4 Table 17.22.136B
Ordinance 2022-06 "Live Entertainment" was passed unanimously by the City Council
on April 15, 2022, and regulates live entertainment through the issuance of live
entertainment licenses from the City. The proposed ordinance would modify Table
17.22.136B to require restaurants with a lounge or live entertainment to comply with the
provisions of Chapter 17.10 Supplemental Development Standards, Chapter 9.10
Entertainment License and Chapter 9.11 Regulation of Private Security Operators.
Additionally, it would clarify that the restaurant must be a bona fide eating establishment
and cannot including dancing.
7. Live Entertainment —Planned Development Overlay District No. 10 Table 17.22.216B
Ordinance 2022-06 "Live Entertainment" was passed unanimously by the City Council
on April 15, 2022, and regulates live entertainment through the issuance of live
entertainment licenses from the City. The proposed ordinance would modify Table
17.22.216B to require restaurants with a lounge or live entertainment to comply with the
provisions of Chapter 17.10 Supplemental Development Standards, Chapter 9.10
Entertainment License and Chapter 9.11 Regulation of Private Security Operators.
Additionally, it would clarify that the restaurant must be a bona fide eating establishment
and cannot including dancing.
8. Definition Consolidation — "Accessory Dwelling Unit" 17.23.010
This ordinance would consolidate the definition of guest house and secondary dwelling
units into the single definition of Accessory Dwelling Unit (ADU). These secondary and
guest dwellings were a permitted by right accessory land use to most residential districts.
With the adoption of ADU laws over recent years, the definitions have begun to overlap
and differ in key areas causing confusion among citizens, renters, and developers.
Consolidating residential habitable accessory structures into the new ADU definition,
expands the potential to develop residential units within the City ensuring that the
additional units constructed are counted toward Temecula's Regional Housing Needs
Allocation (RHNA).
9. Guest House — Remove Guest House as an approved residential use Table 17.06.030 and
17.06.050(A)
The proposed ordinance removes Guest House as an approved accessory residential land
use. With the implementation of ADU laws in recent years there is a need to consolidate
these new uses with existing uses to prevent any conflicts. This will be accomplished by
using the ADU definition across all accessory residential uses and removing "guest
house" and "secondary dwelling unit" as permitted land uses and, in its place, using
ADU's. These ADU's come with added benefits to the applicant by expanding the
properties able to construct such a unit and in reduced fees, along with easing of
development standards. Additionally, this change would ensure that the additional units
constructed are counted toward Temecula's Regional Housing Needs Allocation
(RHNA).
10. Equipment Screening and Separate Conveyance — Accessory Dwelling Unit Section
17.23.050.
The proposed ordinance would clarify that all utility equipment, including window
equipment such as air conditioning units or swamp coolers must be screened from the
public right-of-way. Furthermore, in accordance with AB-345, the proposed ordinance
allows separate conveyance of an ADU subject to specific requirements and recorded
covenants/restrictions.
11. On site posting of Conditional Use Permits —Conditional Use Permit Section 17.04.010
The proposed ordinance would require the physical posting of all Conditional Use
Permits that include onsite alcohol consumption to include all conditions of approval and
must be presented to law enforcement or city staff upon request.
12. Communication Uses — Table 17.14.030
The proposed ordinance would clarify that Communication and Microwave Installations
are not permitted in any Open Space Zoning District.
13. Separation Clarification — Supplemental Development Standards Section 17.10.020
The proposed ordinance would clarify that the existing two hundred (200) foot separation
of car wash businesses from residential districts is to include separation from: vacuum
equipment, vehicle drying units, air compressors, electric or hydraulic/pneumatic motors,
parking aprons and drive isles. The 200-foot separation is from all car wash equipment to
the residentially zoned property line.
14. Definition Clarification —Alcoholic Beverage Manufacturing Section 17.34.010
The proposed ordinance would modify the definition of "alcoholic beverage
manufacturing" to allow the existing approved accessory uses to include 1 (one) mobile
food facility or "food truck" at a permitted alcohol beverage manufacturing
establishment, subject to the requirements of Riverside County Ordinance 580.
15. Add Passive and Active Recreation Definition —Definitions 17.34.010
The proposed ordinance would add definitions for active and passive recreational uses.
This change is necessary to clarify what activities are permitted or restricted in open
space zoning districts.
16. Parking Garages — Implement Standards for Parking Garages
The proposed ordinance would add standards for parking garages. These standards aim to
apply what the City has learned regarding parking garages to ensure safe, efficient, and
secure parking garages.
17. Flagpole height— Exempt Signs — 17.28.050
The proposed ordinance would add a reference to the height limit for flag poles specified
in Section 17.08.050(H), which is fifty (50) feet. Additionally, would amend section
17.28.050 which has an erroneous height limit of seventy-five (75) feet.
18. Planning and Zoning Approval Authority— Table 17.03.010
The proposed ordinance would amend Table 17.03.010 to require all modification
applications to CUP's go before a public hearing. Currently minor modifications can be
approved ministerially.
19. Adult Oriented Businesses — Correct a reference in Table 17.08.030
The proposed ordinance would correct the internal Municipal Code reference for adult
businesses to prevent future confusion surrounding adult -oriented businesses.
FISCAL IMPACT: The proposed Ordinance does not have a direct fiscal impact, if
adopted.
ATTACHMENTS: 1. Ordinance
2. Planning Commission Resolution No. 2022-34
3. Notice of Public Hearing
4. Notice of Exemption
ORDINANCE NO.2023-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLE 5 AND 17 OF THE
TEMECULA MUNICIPAL CODE, MAKING MINOR
REVISIONS TO MASSAGE ESTABLISHMENTS,
ACCESSORY DWELLING UNIT (ADU), CAR WASH, FLAG
POLE HEIGHT LIMITS, AND CONDITIONAL USE
PERMITS (CUP'S), ESTABLISHES PARKING GARAGE
STANDARDS, CLARIFIES PERMITTED USES IN THE
OPEN SPACE ZONING DESIGNATION, IMPLEMENTS
THE PROVISIONS OF THE LIVE ENTERTAINMENT
ORDINANCE (ORDINANCE NO. 2022-06) FOR PLANNED
DEVELOPMENT OVERLAY ZONES 4 AND 10, MODIFY
THE DEFINITION OF ALCOHOLIC BEVERAGE
MANUFACTURER, AND ADD DEFINITIONS FOR ACTIVE
AND PASSIVE RECREATION, AND FIND THAT THIS
ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT
TO CEQA GUIDELINES SECTION 15061 (B)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does
hereby find, determine and declare that:
A. City staff identified the need to make minor revisions and clarifications to portions
of Title 5 (Business Licenses and Regulations), and Title 17 (Zoning) of the Temecula Municipal
Code.
B. As required by State law, the Planning Commission considered the proposed
amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Code Amendments") on
November 16, 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.
C. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission adopted Planning Commission Resolution No.
2022-34, recommending that the City Council approve the Code Amendments.
D. The City Council, at a regular meeting, considered the Ordinance on January 24,
2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and
interested persons had an opportunity to and did testify either in support or opposition to this
matter.
E. Following the public hearing, the City Council considered the entire record of
information received at the public hearings before the Planning Commission and City Council.
Section 2. Further Findings. The City Council, in approving the proposed
Ordinance, hereby makes the following additional findings as required by Section 17.01.040
("Relationship to General Plan") of the Temecula Municipal Code:
1. The proposed uses are 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.
Except for the amendments pertaining to the Open Space (OS) and Open Space -
Conservation (OS-C) Zoning districts, none of the proposed Code Amendments change the types
of uses allowed in City. The Code Amendments clarify that communication and microwave
installation are not permitted uses in the OS-C zoning designation but that bicycle paths are a
permitted use in the OS and OS-C Zoning districts. The Code Amendments also clarify that OS
and OS-C Zoning districts allow passive recreational uses and defines passive and active
recreation. These uses are consistent with the Open Space land use designation.
2. The proposed uses are in conformance with the goals, policies, programs and
guidelines of the elements of the general plan.
The proposed changes to Title 17 conform with the goals, policies, programs and guidelines
of the elements of the General Plan. The proposed changes allow for the separate conveyance of
an ADU as well other revisions to ADU regulations is consistent with Goal 2 of the Growth
Management/Public Facilities Element of the Temecula General Plan, which is to ensure "Orderly,
and efficient patterns of growth that enhance quality of life for Temecula residents." As a
relatively new home product type, ADU's further Policy 2.5 of the Growth Management/Public
Facilities element of the General Plan that states, "Encourage new development that helps create
and maintain a balance between jobs and housing opportunities." The proposed changes to
specifically allow bike paths in the OS and OS-C zoning districts are consistent with Goal 8 of the
Open Space/Conservation Element of the General Plan, which is to ensure "Development of a trail
system that serves both recreational and transportation needs." The proposed changes to PDO 4
and 10 to expressly provide that restaurants with live entertainment must comply with the
Entertainment License and Private Security Operator requirements of the Municipal Code are
consistent with Goal 3 of the Noise Element of the Temecula General Plan, which is to "Minimize
the impact of noise levels throughout the community through land use planning." The proposed
addition of parking garage standards is consistent with Goal 7 of the Circulation Element of the
General Plan which is to ensure "An adequate supply of private and public parking to meet the
needs of residents and visitors to the City." The remaining proposed amendments to the Temecula
Municipal Code are minor clarifications and a correction of typographical edits and do not result
in an inconsistency between the Temecula Municipal Code and the adopted General Plan.
3. The proposed uses are to be established and maintained in a manner which is consistent
with the general plan and all applicable provisions contained therein.
2
The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land
use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments
do not create or allow new uses where they were not previously allowed. Only the revisions to the
Open Space -Conservation (OS-C) and Open Space (OS) Zoning districts impact the use of land.
The Code Amendments clarify that communication and microwave installation are not permitted
uses in the OS-C zoning designation but that bicycle paths are a permitted use in the OS-C and OS
Zoning districts. The Code Amendments also clarify that OS and OS-C Zoning includes passive
recreational uses and defines passive and active recreation. These uses are consistent with the
types of uses permitted in the OS-C Zoning district.
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 Code Amendments would have a
significant impact on the environment. The Code Amendments impose regulations on existing
uses, but do not increase the intensity or density of any land use or allow any development where
it was not otherwise permitted. The proposed amendments to Title 17 of the Temecula Municipal
Code do not propose any land use that is inconsistent with the Temecula General Plan. The
majority of the Code Amendments do not create or allow new uses where they were not previously
allowed. Only the revisions to the Open Space (OS) and Open Space -Conservation (OS-C) Zoning
districts impact the use of land. The Code Amendments clarify that communication and
microwave installation are not permitted uses in the OS-C zoning designation but that bicycle paths
are a permitted use. The Code Amendments also clarify that OS and OS-C Zoning includes passive
recreational uses and defines passive and active recreation. These uses are consistent with the
types of uses permitted in the OS and OS-C Zoning districts and, therefore, will not have an impact
on the environment. The City Council hereby directs that a Notice of Exemption be filed in
accordance with CEQA and the State CEQA Guidelines.
Section 4. Subsection A.7 of Section 5.22.120 (Exemptions.) of Chapter 5.22
(Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the
Temecula Municipal Code is hereby amended to read as follows (with additions appearing in
underlined text), with all other provisions of Section 5.22.120 remaining unchanged:
"7. Chair massage," i.e., massage of the body from the waist up, to a person seated in a
chair, provided that the massage is performed in an area that is within public view;
a. Chair massage businesses are exempt from the maximum number of massage
establishments as specified in Section 5.22.050 of this chapter.
b. All other requirements of this chapter are applicable to all chair massage businesses
except those items that are expressly not deemed applicable to chair massage
businesses as determined by the Chief of Police in written form.
c. In no case will a chair massage business be eligible to convert their existing business
into a traditional massage establishment. A new massage business license would be
required."
3
Section 5. Subsection "27"
Subsection B (Operations) of Section
massage establishments.) of Chapter
(Business License and Regulations) of
additions appearing in underlined text),
unchanged:
(Emergency Communication) is hereby added to
5.22.080 (Requirements applicable to the operation of
.22 (Massage and Massage Establishments) of Title 5
the Temecula Municipal Code to read as follows (with
with all other provisions of Section 5.22.080 remaining
27. Emergency Communication. Each massage establishment shall have and maintain a
dedicated telecommunication device physically at the business location with an assigned
telephone number capable of receiving incoming calls and dialing out to emergency
services, specifically. 9
Section 6. Subsection "C" (Conservation District (OS-C)) of Section 17.14.020 (Open
space/recreation districts.) of Chapter 17.14 (Open Space/Recreation/Conservation Districts) of
Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with
additions appearing in underlined text), with all other provisions of Section 17.14.020 remaining
unchanged:
"C. Conservation District (OS-C). The conservation zoning district is intended for those
lands that should remain in a natural state as much as feasible without intrusions from
active recreational uses. Improvements may be made to these areas to allow for passive
recreational uses or for control of erosion, geologic stability, or other public safety
purposes. The construction of buildings or other habitable structures is not permitted. No
profit -generating activities are intended for this zoning district on more than a temporary
basis."
Section 7. Table 17.14.030 (Schedule of Permitted Uses — Open Space) of Section
17.14.030 (Use regulations.) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning
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 17.14.030 remaining unchanged:
Table 17.14.030
Schedule of Permitted Uses —Open Space
Schedule of Uses
PR
OS
OS-C
OS-C-SM
Agricultural uses
-
C
C
-
Athletic field
P
-
-
-
Bicycle paths
P
P E
P E
-
Campground
C
-
-
-
Caretakers quarters
C
C
C
-
Cemeteries, mausoleums and related uses
C
C
-
-
Communications and microwave installations}
-
-
Table 17.14.030
Schedule of Permitted Uses —Open Space
Schedule of Uses
PR
OS
OS-C
OS-C-SM
Flood control structures
C
C
C
C
Game courts, badminton, tennis, racquetball
P
C
-
-
Golf driving range not part of a golf course
C
C
-
-
Golf course and clubhouse
C
C
-
-
Golf course resort (including accessory visitor supporting
accommodations and commercial uses, such as hotels,
fractional ownership units, day spa, restaurants and
conference center)
C
-
Government and public utility facilities
C
C
C
C
Gymnasium
C
-
-
-
Commercial marijuana activities
-
-
-
-
Marijuana cultivatioel
-
-
-
-
Nature centers/exhibits
P
C
C
-
Nurseries
-
C
-
-
Outdoor exhibits
P
P
P
-
Picnic group facilities
C
C
-
-
Private parks and recreation facilities
P
C
-
-
Parking areas
C
C
C
-
Public parks and recreation facilities
P
C
-
-
Recreational vehicle park
-
C
-
-
Riding stable, public or private
C
C
C
-
Shooting galleries, ranges, archery courses
-
C
-
-
Single-family dwellings (1 unit per 40 acres)
-
P
C
-
Tree farms
-
C
-
-
Note:
}. 411 development ..td1 eet tR Nho ..a...,,1..rds seat 4- -A-h i.. Seeation 17.06.080.
2�1. 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.
Section 8. Section 17.34.010 (Definitions and illustrations of terms.) of Chapter 17.34
(Definition of Terms) 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 17.34.010 remaining unchanged:
LG Aeeessory dwelling ))
fneans an a4taehed or- detaehed r-esiden4ial dwelling unit on -a
lot with an existing single family r-esidenee (primary r-esidenee) that provides eomplet-e
independent living f6eilities for- one or- mor-e per -sons. 14 shall ineltide pel:fflanent
7 sleeping, eating, 7
and sanitation on the same par -eel that
single family dwelling is situated. "Accessory dwelling unit" or "ADU" has the same
meaning ascribed in Government Code section 65852.2. as the same may be amended
from time to time. "Accessory dwelling unit" includes an "Efficiency Unit" as defined in
Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in
Health and Safety Code Section 18007.
"Alcoholic beverage manufacturing" means an establishment that produces or
manufactures alcoholic beverages and is licensed by the Department of Alcoholic Beverage
Control of the State of California. These types of establishments may: (1) sell alcohol that
is produced or manufactured on the alcoholic beverage manufacturer's licensed premises
for on -sale or off -sale consumption; (2) include accessory uses such as tours, specialty
dinners, food pairings, retail sales, and/or on -site consumption; and (3) include tasting
rooms. Typical uses include breweries, distilleries and wineries.
uses may include one (1) "mobile food facilitv." sometimes referred to
as a "food truck," as defined by Riverside County Ordinance 580, as may be
amended from time to time. Said mobile food facility shall be subject to and
required to comply with the provisions of all City, County, State, and Federal
regulations applicable to mobile food facilities and maintain all current licenses,
insurance, permits and/or approvals required from such regulations and presented
to law enforcement or city staff upon request.
"Guest house" means an additional st,..,, tur-e t .,pFimar-yeside ee en a par -eel zoned for -
single
sink,detaehed, but shall not be utilized as an aeeesser-y dwelling unit, and shall n0t eeRtain
provisions for- the -preparation of food, eeeking, f4eilities or- wet ban A guest house
not exeeed ene thousand vy�,e hundred squaFe fiaet in area and shall eentain a bathr-own
with a toilet, •
shall have the same definition as "Accessory Dwelling Unit" or "ADU."
"Recreation Uses. Active" means the tvnical recreational activities that are offered in a
developed community park, such as baseball, soccer and pickleball as well as swimming,.
camping, marinas, health resorts and retreat centers that offer similar activities in an indoor
setting. These uses reauire considerable nhvsical infrastructure and are dependent upon
significant utilities to operate.
"Recreation Uses, Passive" means low intensity outdoor activities such as walking hiking,
bicycling, picnicking, nature education and bird watching. These uses do not require
substantial infrastructure and require little to no utilities to operate.
Section 9. Section 17.16.070 (Approved Specific Plans) of Chapter 17.16 (Specific
Plan Zoning District (SP-)) 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):
The following specific plans have been approved by the city and are designated on the official
zoning map of the city:
SP-1 Roripaugh Estates
(previous reference: SP No. 44-9164)
SP-2 Rancho Highlands
(previous reference: SP No. 180)
SP-3 Margarita Village
(previous reference: SP No. 199)
SP-4 Paloma del Sol
(previous reference: SP No. 219)
SP-5 Old Town
SP-6 Campos Verdes
SP-7 Temecula Regional Center
SP-8 Village
SP-9 Redhawk
SP-10
Vail Ranch
SP-11
Roripaugh Ranch
SP-12
Wolf Creek
SP-13
Harveston
SP-14
Uptown Temecula
CP-1 i Altair
(previous reference: SP No. 1)
(previous reference: SP No. 263)
(superseded by SP-15)
(previous reference: SP No. 217)
(previous reference: SP No. 223)
Section 10. Table 17.22.136B (Schedule of Permitted Uses) of Section 17.22.134 (Use
regulations.) of Article V (Temecula Creek Village Planned Development Overlay District-4) of
Chapter 17.22 (Planned Development Overlay Zoning District (PDO-)) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to read as follows (with additions appearing in
underlined text) with all other provisions of Table 17.22.136B remaining unchanged:
Table 17.22.136B
Schedule of Permitted Uses
Temecula Creek Village Planned Development Overlay District-4-
Description of Use
PDO-
4R
PDO-
4V6
R
Radio and broadcasting studios, offices
P
-
Radio/television transmitter
-
-
Recreational vehicle park
-
-
Recreational vehicle sales
-
-
Recreational vehicle, trailer, and boat storage within an enclosed
building
Recreational vehicle, trailer and boat storage -exterior yard
-
-
Recycling collection facilities
-
-
Recycling processing facilities
-
-
Religious institution, without a day care center or educational
institution
C
-
Religious institution, with an educational institution
C
-
Religious institution, with a day care center
C
-
Residential (one dwelling unit on the same parcel as a commercial
or industrial use for use of the proprietor of the business)
Residential, multiple -family housing
-
-
Restaurant with drive -through window
-
-
Restaurants and other eating establishments
(with or without the sale of beer and wine)
P
P4
Restaurants and other eating establishments
(with the sale of beer, wine and distilled spirits)
_
C4
Restaurant (bona fide public eating establishment) with lounge or
live entertainment (not including dancingf ,g
_
0
Retail support use (15 percent of total development square footage
in BP and LI)
Rooming and boarding houses
-
-
Notes:
1. The CUP will be subject to Section 17.10.020(B) special standards for the sale of alcoholic beverages.
2. Subject to the requirements of Chapter 17.40 of the Temecula Municipal Code.
3. In PDO-4, all senior housing residential projects shall use the development and performance standards for the high
density residential zone and the provisions contained in Section 17.06.050(H).
4. The size of the use or activity is limited to 5,000 square feet.
5. Outdoor entertainment in conjunction with an eating establishment is permitted provided that the outside noise
levels do not interfere with off -site conversation.
6. Drive through facilities are not allowed in the village planning area.
Retail/support commercial planning area is identified as PDO-4R.
Village commercial planning area is identified as PDO-4V.
Multifamily planning areas A and B use the high density column in Table 17.06.030.
7. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
8. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private SecuritOperators)
Section 10. Table 17.22.216(B) (Schedule of Permitted Uses) of Section 17.22.216
(Use regulations.) of Article XI (Temecula Education Center Planned Development Overlay
District -10) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO-)) of Title 17
(Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions
appearing in underlined text) with all other provisions of Table 17.22.216(B) remaining
unchanged:
Table 17.22.216(B)
Schedule of Permitted Uses
Temecula Education Center Planned Development Overlay District-10
Description of Use
PDO-10
R
Radio and broadcasting studios, offices
P
Recycling collection facilities
C
Religious facilities
P
Religious institution, with a daycare center
P
Religious institution, with an educational institution
C
Religious institution, without a daycare center or educational institution
C
Residential, multiple -family housing
P
Residential -senior housing
C
Restaurants and other eating establishments
P
Restaurants (bona fide public eating establishment) with lounge or live
entertainment (not includingdancing) ancing)114
C
Notes:
1. The CUP will be subject to Section 17.10.020(B), special standards for the sale of alcoholic beverages.
2. Subject to citywide antenna standards.
3. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
4. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private Security perators)
Section 11. Section 17.23.020 (Definitions.) of Chapter 17.23 (Accessory Dwelling
Units) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows
(with additions appearing in underlined text) with all other provisions of Section 17.23.020
remaining unchanged:
"Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code
section 65852.2, as the same may be amended from time to time. Accessory dwelling unit includes
an ` Efficiencv Unit" as defined in Health and Safetv Code Section 17958.1 and a "Manufactured
Home" as defined in Health and Safety Code Section 18007.
Section 12. Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use
regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough
text and additions appearing in underlined text) with all other provisions of Table 17.06.030
remaining unchanged:
17.06.030 Use regulations.
The list of land uses on Table 17.06.030 shall be permitted in one or more of the residential
zoning districts as indicated in the columns corresponding to each residential zoning district.
Where indicated with a letter "P" the use shall be a permitted use. Where indicated with a "-,"
the use is prohibited within the zone. A letter "C" indicates the use shall be conditionally
permitted subject to the approval of a conditional use permit.
Description of Use
Residential
Single-family detached
Duplex (two-family dwellings)
Single-family attached (greater than two
units)
Multifamily
Manufactured homes
Mobilehome park
Facilities for the mentally disordered,
disabled, or dependent or neglected children
(six or fewer)
Facilities for the mentally disordered,
disabled, or dependent or neglected children
(seven to twelve)
Alcoholism or drug abuse recovery or
treatment facility (six or fewer)
Alcoholism or drug abuse recovery or
treatment facility (seven or more)
Residential care facilities for the elderly (six
or fewer)
Residential care facilities for the elderly
(seven or more)
Residential care facilities (six or fewer)
Residential care facilities (seven or more)
Congregate care residential facilities for the
elderly,
Boarding, roomine and lodeine facilities
r_, e
Family day care homes —small and
Table 17.06.030
Residential Districts
HR
RR
VL
I L-
1
L-
2
LM
M
H
HR-SM9
P
P
P
P
P
P
P
-
P
2,13
2,13
_2,13
P13
P13
_
-
-
-
-
-
P
P
P
-
P13
P13
_
P
P
P
P
P
P
P
P
P
-
-
C,
C
C
C
C
C
-
P
P
P
P
P
P
P
P
P
C
C
C
C
C
C
P
P
C
P
P
P
P
P
P
P
P
P
C
C
C,
C
C
C
P
P
C
P
P
P
P
P
P
P
P
P
C I C I C I C I C I C I P I P I C
�0000000�
10
Day care centers
C
C
C
I C
I C
C
I C
I C
C
Bed and breakfast establishments,
C
C
C
C
C
C
C
C
C
Emergency shelters
C
C
C,
C
C
C
P
P
C
Transitional housings
p
p
p
p
p
p
p
p
p
Supportive housing,
p
p
p
p
p
p
p
p
p
Efficiency units
-
-I
-
I -
I -
I -
I P
P
-
Notes:
1. Subject to the provisions of Section 17.06.050(I) of this chapter.
2. A duplex or two-family dwelling may be permitted on corner lots with a planned
development overlay pursuant to the provisions of Chapter 17.22 of this title.
3. Subject to the provisions of Section 17.24.020(D)(2) of this title.
4. meowed only with a single family residenee. Subject to the provisions of Chapter 17.23 of
this code.
5. The director of planning shall have the discretion to waive submittal of an administrative
development plan, if it is determined that the construction trailer will not have an adverse impact
on adjacent residences or businesses.
6. Subject to the supplemental development standards contained in Chapter 17.10 of this title.
7. Not used.
8. These uses are not permitted within the Nicolas Valley rural preservation area, as identified
in Figure LU-5 of the land use element of the general plan.
9. Development within the HR-SM zoning district is subject to Section 17.06.080, Hillside
development standards.
10. 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.
11. Legal nonconforming single-family residences will be permitted to construct accessory
dwelling units if they meet the requirements of this Section 17.06.050(L).
Section 13. Table 17.06.050A (Accessory Structures Setbacks for the HR, RR, VL, L-
1, L-2, LM, M and H Zoning Districts) of Section 17.06.050 (Special use standards and
regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough
text) with all other provisions of Table 17.06.050A remaining unchanged:
Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning
Districts
Accessory Structure Front Yard Rear Yard Interior Side Yard'
Carports Not permitted 5 ft. min. for support 5 ft. min. for support
columns columns
11
Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning
Districts
Accessory Structure
Front Yard
Rear Yard
Interior Side Yard'
Detaehed house
Not pefmitted in the
Refer- to the r-ear- yard—
RefeF to the side yard
guest
,.tu l front .., f 4
sethaeks +'.ai
Table 17 !lam 0 0
e+�cthae sin
Table 17 06 nnn
Garage
20 ft. (Entrance faces
5 ft. min., but no less than
5 ft. min.
street)
15 ft. from centerline of
10 ft. (Entrance from side
alley
not facing front yard)
Storage/utility enclosure
Not permitted
3 ft.
3 ft.
Swimming pool'
Not permitted'
5 ft. to water's edge
5 ft. to water's edge
Swimming pool
Not permitted3
3 ft.
3 ft.
equipment
Spa
Not permitted,
3 ft. to water's edge
3 ft. to water's edge
Antennas
Not permitted
5 ft.
5 ft.
Gazebo/garden structure
Not permitted
5 ft.
5 ft. if interior side yard
10 ft. if street side yard on
corner lot
Solar collector (ground
Not permitted in front
10 ft. 0 in.
10 ft. 0 in.
mounted)
yard
Decks (not to exceed 36
Not permitted
5 ft. min.
5 ft. min.
inches above the round)
Roof decks
Must meet district development standards (i.e. setbacks,
height, lot covera e, etc.)
Patio covers measured at
15 ft.
5 ft. min.
5 ft. min.
vertical supports
Notes:
1. On a corner lot, accessory structures are not permitted, unless otherwise noted above.
2. Accessory structures with walls must be separated from other accessory and primary
structures by at least six feet.
3. Swimming pools, spas and pool and spa equipment in the VL, RR and HR zoning districts
may be located in the front yards as outlined in Section 17.06.050(E).
Section 14. Table 17.22.116 (Schedule of Permitted Uses) of Section 17.22.116 (Use
regulations) of Article III (Margarita Road Planned Development Overlay District-2) of Chapter
17.22 (Planned Development Overlay Zoning District (PDO-)) 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 Table
17.22.116 remaining unchanged:
12
Table 17.22.116
Schedule of Permitted Uses
Margarita Road Planned Development Overlay District-2
Description of Use
PDO-2
Residential
Accessory Dwelling Unit (ADU)
Single-family detached
P1
Duplex (two-family dwellings)
P'
Single-family attached (greater than two units)
P
Multiple -family
P
Manufactured homes
P
Mobilehome park
-
Facilities for the mentally disordered, disabled or dependent or neglected children
(six or fewer)
P
Facilities for the mentally disordered, disabled or dependent or neglected children
(seven to twelve)
P
Alcoholism or drug abuse recovery or treatment facility (six or fewer)
P
Alcoholism or drug abuse recovery or treatment facility (seven or more)
P
Residential care facilities for the elderly (six or fewer)
P
Residential care facilities for the elderly (seven or more)
P
Congregate care residential facilities for the elderly
P
Boarding, rooming and lodging facilities
C
Seeondafy dwelling units
Guest
Family day care homes —small
P
Family day care homes —large
P
Day care centers
C
Bed and breakfast establishments
-
Emergency shelters
P
Transitional housing
P
Notes:
13
1. Detached residential or zero lot -line units, duplexes and two-family dwellings are
permitted only with the approval of the planning commission.
2. Subject to the provisions of Section 17.24.020(D)(2).
3. Allowed only with a single—family r-esidenee. Subject to the provisions of Chapter 17.23
of this code.
4. The community development director shall have the discretion to waive submittal of an
administrative development plan if it is determined that the construction trailer will not have
an adverse impact on adjacent residences or businesses.
Section 15. Section 17.23.050 (ADU standards.) of Chapter 17.23 (Accessory Dwelling
Units) 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 17.23.050 remaining unchanged:
17.23.050 ADU standards.
Except those ADUs approved pursuant to Subsection 17.23.030, ADUs shall comply with the
following standards:
A. Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing
primary dwelling that is zoned residential.
B. Development Standards.
1. Size Restrictions. If there is an existing primary dwelling, an attached ADU shall not
exceed fifty percent of the gross floor area for the primary dwelling. An attached ADU
that is proposed with a new primary dwelling shall not exceed one thousand two hundred
square feet in floor area. A detached ADU shall not exceed one thousand two hundred
square feet in floor area. In no case shall an ADU be less than an "efficiency unit" as
defined in Section 17958.1 of Health and Safety Code with respect to square footage.
2. Height Restrictions. An ADU shall not exceed sixteen feet in height.
3. Transfer. An ADU shall not be sold, transferred, or assigned separately from the primary
dwelling, but may be rented. The ADU shall not be used for short-term rentals for less
than thirty-one days.
4. Setback. No setback shall be required for an ADU that is within an existing structure or
new ADU that is constructed in the same location and with the same dimensions as an
existing structure. For all other ADUs, the required setback from side and rear lot lines
shall be four feet. An ADU shall comply with all required front yard setbacks otherwise
required by the municipal code.
5. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable to the
zoning district in which the property is located, except where the application of the lot
coverage regulations would not permit construction of an eight hundred square foot ADU
that is sixteen feet in height with four -foot side and rear yard setbacks.
6. Historic Resources. An ADU that has the potential to adversely impact any historical
resource listed on the California Register of Historic Resources, shall be designed and
constructed in accordance with the "Secretary of the Interior's Standards for the
14
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating,
Restoring, and Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended
from time to time. An ADU shall also comply with all local historic register
requirements, as well as all objective local requirements, ordinances, or specific plans
that pertain to historic resources.
C. Design and Features.
1. Design. The ADU shall have the same design, architecture, colors and materials of the
primary dwelling, and shall comply with any objective design standards adopted by the
city that are applicable to the zoning district or specific plan area where the ADU is
located.
2. Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required for the
primary dwelling.
3. An ADU shall have a separate exterior access.
4. All utility equipment to include window mounted cooling/heating equipment must not be
visible from the public right-of-way.
D. Covenant Required. The property owner shall record a declaration of restrictions, in a form
approved by the city attorney, placing the following restrictions on the property, the property
owner, and all successors in interest: (1) the ADU is to be rented only for terms of thirty days
or longer; and (2) the ADU is not to be sold or conveyed separately from the primary
dwelling except in conformity with Government Code Section 65852.26. Proof of
recordation of the covenant shall be provided to the city before the city finals the building
permit.
E. Parking Requirements.
1. In addition to the off-street parking space(s) required for the primary dwelling, one off-
street parking space shall be provided for each ADU, except when:
a. The ADU is located within one-half mile walking distance of public transit;
b. The ADU is located within an architecturally and historically significant historic
district;
c. The ADU is part of a proposed or existing primary dwelling or accessory structure;
d. The ADU is located in an area where on -street parking permits are required but not
offered to an ADU occupant; or
e. The ADU is located within one block of a city -approved and dedicated parking space
for a car share vehicle.
2. When the ADU is created by converting or demolishing a garage, carport or covered
parking structure, replacement of parking space(s) eliminated by the construction of the
ADU shall not be required as long as the ADU remains in use as a legal ADU.
Section 16. A new Subsection "K" is hereby added to Section 17.04.010 (Conditional
Use Permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code to
read as follows, (with additions appearing in underlined text) with all other provisions of Section
17.04.010 remaining unchanged:
15
K. "All Conditional Use Permits that include the onsite consumption of alcohol, shall be
physically_ posted on site in a conspicuous manner viewable to customers, patrons or guests
and presented upon request to any Law Enforcement or City Staff authorized to enforce this
Chapter. The posting shall include the approval letter, Conditions of Approval, and approved
site plan. "
Section 17. Subsection G (Car Washes) of Section 17.10.020 (Supplemental
Development Standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17
(Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions
appearing in underlined text) with all other provisions of Section 17.23.050 remaining unchanged:
G. Car Washes. A conditional use permit shall be required for all full -service or self-service car
washes within the commercial districts. Car washes shall comply with the following criteria:
1. Such businesses shall be located at least two hundred 200 feet from any residentially
zoned district property line. That distance shall be measured in a straight line regardless
of ahvsical encumbrances. and shall be inclusive of all:
a. Vacuum equipment;
b. Vehicle dryer or blower units;
c. Air compressors and hydraulic, electric, or pneumatic motors;
d. Parking areas; and
e. Drive or queuingisles.
sles.
2. Wash bays and vacuum areas shall be screened from public view.
3. Regular monitoring of the facility by an attendant shall be provided during business hours
to control noise, litter, and other nuisances.
4. Hours of operation shall be limited to seven a.m. to ten p.m., unless otherwise
specifically established as a condition of approval. Automatic shut-off of water and
electrical systems, except for security and fire protection, shall be provided during non -
business hours.
Section 18. A new Subsection "T" (Parking Garage Standards) is hereby added to
Section 17.10.020 (Supplemental Development Standards) of Chapter 17.10 (Supplemental
Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code to read as
follows, (with additions appearing in underlined text) with all other provisions of Section
17.10.020 remaining unchanged:
"T. Parkin Garages. All parking_ garages shall be designed in a manner that incorporates the
following requirements:
1. Elevators
a. Elevators should be oriented to adjacent streets, when possible.
b. Elevators shall have glass backs and be glass enclosed with a minimum of 75%
visibility.
c. When it is impossible for glass backed elevator or glass enclosed elevator, an
active video surveillance system shall be required within the elevator and adjacent
to elevator entrances.
16
2. Stairwells
a. Stairwells shall provide internal and external visibility, with a minimum of 75%
transparency.
b. Stairwells should be oriented to adjacent streets, when possible.
c. Stairwell walls shall be made of glass and/or have exterior openings where the
stairwell is open and visible to the exterior
d. Stairwell door use should be minimized; but when utilized, one third of the door
must be made of clear durable glass to encourage transparency and safety.
Sample Image of Glass Enclosed Elevator and Open Stairwell
3. Security fencing
a. Securitv fencing shall be installed below stairwells to eliminate unauthorized
access. Fencing shall be compatible with the design of the parking structure; no
chain link fencing of any kind is permitted.
4. Safety
a. Emergency Call boxes shall be conspicuously dispersed throughout parking
garages, with a minimum of one call box on each level. Additional call boxes may
be required at the discretion of the Chief of Police or Director of CommunitX
Development.
5. Minimum Floor Heights
a. The minimum height from the floor to the lowest ceiling structure, support beam,
or overhead fixture, such as a conduit, pipeline, signage,lilighting, or any othe
obstruction mounted on the ceiling shall be eight (8) feet two (2) inches in height.
17
6. Interior Treatment. The interior treatment of a parking structure shall be of a light color.
The treatment shall include a coordinated interior sign program designed to identify
parking levels and locate stairwells, elevators, phones, exits and other interior features.
7. Mirrors for Sight Distance. Blind corners shall be provided with viewing mirrors
maintained in a position and condition to provide adequate sight distance.
8. Integral Design. Parking structures should be designed as an integral component of the
coordinated site plan and architectural theme. Rooftop solar arrays and green roof
technologies are encouraged.
9. Sig_nage. A well -designed graphics and signage system will effectively communicate
necessary information to patrons, reduce confusion, improve safety, and enhance the
overall user experience.
a. Vehicular Signs. Examples of vehicular signs include "Park" and "Exit"
directional signs. Vehicular signs are ten or twelve inches in height with six or
seven inch letters. Ten (10)-inch signs are recommended for precast structures
where sign visibility can be a problem. Vehicular signs should be centered over
the drive lane or centered over the drive aisle when signs are mounted back-to-
back.
b. Pedestrian Signs. Examples of pedestrian signs include "Level #," "Remember
Level #," "Row #,"and "Stair" and "Elevator" identification and directional signs.
Pedestrian signs shall be light in color, easy to read in day and night settings, and
contain a number or memorable icon/character for easy_ pedestrian wayfinding_
Pedestrian signs shall be clearly distinguishable from vehicle signs so as not to
interfere with vehicular traffic. Pedestrian signs in parking bays shall be located
perpendicular to traffic flow, and placed at the rear of parking stalls. Color -coding
shall be used to help patrons find their vehicles. The elevator cour area shall
include super graphics which are graphics that cover a large area and are
generally painted on a vertical surface, such as painted walls or elevator doors,
with level designation incorporated.
c. No offsite signage is permitted.
10. Bicycle parkin /s�ge. Bicycle parking shall be provided in quantities required in
accordance with Temecula Municipal Code Section 17.24.040(F)(2) `Minimum Bich
Parking Requirements.' All bicycle facilities are required to be located exclusively on the
ground level.
11. Pedestrian access points and pathways shall be located to avoid pedestrian/vehicle
conflicts.
12. Parking structures that propose to charge a fee or propose gates/entry control devices for
parkin_ shall hall provide a stacking analysis to demonstrate such activities will not impact
the flow of traffic surrounding the parking structure.
13. Parking structures that exceed one hundred (100) parking spaces, or greater than two
stories, to include below grade parking, shall be required to provide a parking analysis or
"counting" system to indicate total number of spaces and total number of unoccupied
spaces on the entrance(s) of the parking structure.
14. Stall width
18
a. When the side of anyparkingstall abuts a building, fence, wall, support column
or other obstruction which would interfere in any way with access to a motor
vehicle, the width of the stall shall be increased to at least eleven (11) feet.
15. Lighting
Parking Structure Lighting Standards
Area
Minimum
Horizontal
Illuminance on
Minimum
Vertical
Illuminance at 5
Maximum to
Minimum
Uniformity
Floor
(Footcandles)
Feet
(Footcandles)
Parking and
Pedestrian Areas
2
1
10:1
Stairwells
2
1
10:1
Ramps and Corners
1
0.5
10:1
-Da
Ramps and Corners
1.0
1.0
10:1
:Night
Entrance Areas -
Da
50
25
10:1
Entrance Areas —
1
—
0.5
—
10:1
Night
Section 19. Subsection C (Flags) of Section 17.28.050 (Exempt Signs.) of Article I
(General) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula Municipal Code
is hereby amended to read as follows (with additions appearing in underlined text) with all other
provisions of Section 17.28.050 remaining unchanged:
C. Flags.
1. A flagpole shall not exceed the zoning district height limits set forth in the Developmen
Municipal Code Section 17.08.050(H)., or- fifty feet if no height limit is pr-evided by the
Development Code.
2. A single flag of the United States of America and two of the following flags shall be
permitted per parcel or center:
a. The state of California, or another state of the United States.
b. A county.
c. A municipality.
d. Official flags of other countries.
e. Flags of nationally or internationally recognized organizations.
f. A corporate flag.
3. The maximum area for a corporate flag may not exceed fifty square feet.
19
Section 20. Subsection H (Flagpoles) of Section 17.08.050 (Special Use Regulations
and Standards) 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 additions appearing in
underlined text) with all other provisions of Section 17.08.050 remaining unchanged:
H. Flag Poles. A maximum height of fifty 50 seventy feet.
Section 21. Table 17.03.010 (Planning and Zoning Approval Authority) of Section
17.03.010 (Purpose and intent.) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning)
of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing
in underlined text) with all other provisions of Table 17.03.010 remaining unchanged:
Table 17.03.010
Planning and Zoning A roval Authorit
Application
Administrative
Approval
Planning
Director
Planning
Commission
City
Council
General plan amendment
Recommendation'
X'
Zoning amendment: text changes
Recommendation'
X'
Zoning amendment: map changes
Recommendation'
X'
Zoning amendment: specific plan,
includes specific plan amendments
Recommendation'
X'
Conditional use permit (CUP) —
existing building
Xi,2
Conditional use permit with a
development plan
X1,2,3
X1,3
CUP modification all chan es
X'
Development plan
(10,000 sq. ft. or greater)
X'
Development plan
(less than 10,000 s . ft.)
X'
Major modifications
X2,4
VA
Minor modifications
X2
Administrative development plan
X2
Home occupation plan
X2
Minor exceptions
X2
Sign permits
V
Sign programs, including sign
program modifications
V
Temporary use permits
V
Variance
X'
Accessory dwelling unit
V
Hillside development permit
X'
Notes:
20
Requires consideration at a noticed public hearing.
2. For matters that are considered to have special significance or impact, the director of planning
may refer such items to the planning commission for consideration.
3. Conditional use permits without development plans are approvable by the director of planning.
Conditional use permits with development plans are approvable by hearing body required for the
development plan.
4. Major modifications of projects which were approved by the planning commission or city council
shall be considered by the original approval body. Increases in building square footage that results in a
building larger than 10,000 square feet shall be considered by the planning commission.
State law requires the administrative consideration of secondary dwelling units. These
cations cannot be promoted to the planning commission.
Section 22. Table 17.08.030 (Schedule of Permitted Uses) 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 Table
17.08.030 remaining unchanged:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
INCICCJHTJSCJP0JBPJ
LI
A
Adult businesses —subject to Chapter 17.09 5.09 of
the Temecula Municipal Code
C
C
C
-
-
Aerobics/dance/gymnastics/jazzercise/martial arts
studios (greater than 5,000 sq. ft.)
-
P
P
P
C
-
Section 23. Severability. If any section or provision of this Ordinance is for any reason
held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance
shall remain valid. The City Council hereby declares that it would have adopted this Ordinance,
and each section or provision thereof, regardless of the fact that any one or more section(s) or
provision(s) may be declared invalid or unconstitutional or contravened via legislation.
Section 24. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
Section 25. Effective Date. This Ordinance shall take effect thirty (30) days after
passage.
21
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this day of ,
ATTEST:
Randi Johl, City Clerk
[SEAL]
22
Zak Schwank, 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. 2023- was duly introduced and placed upon its first reading at a meeting of the
City Council of the City of Temecula on the 28th day of February, 2023, 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:
23
Randi Johl, City Clerk
PC RESOLUTION NO.2022-34
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT
THE CITY COUNCIL ADOPT AN ORDINANCE
ENTITLED, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMECULA AMENDING TITLES 5
AND 17 OF THE TEMECULA MUNICIPAL CODE TO
MAKE MINOR REVISIONS TO MASSAGE
ESTABLISHMENT, ACCESSORY DWELLING UNIT, CAR
WASH, FLAG POLE, AND CONDITIONAL USE PERMIT
REGULATIONS, ESTABLISH PARKING GARAGE
STANDARDS, CLARIFY THE PERMITTED USES
ALLOWED IN THE OPEN SPACE AND OPEN SPACE -
CONSERVATION DISTRICT ZONES, CLARIFY THAT
ENTERTAINMENT LICENSES ARE REQUIRED FOR
CERTAIN USES IN PDO-4 AND PDO-10, MODIFY THE
DEFINITION OF ALCOHOLIC BEVERAGE
MANUFACTURER AND GUEST HOUSE, ADD
DEFINITIONS FOR ACTIVE AND PASSIVE
RECREATION, MAKE OTHER CLERICAL REVISIONS
TO THE MUNICIPAL CODE AND MAKE A FINDING OF
EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) GUIDELINES SECTION 15061
(B)(3)"
Section 1. Procedural Findings. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. City staff identified the need to make revisions and clarifications to portions of
Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Temecula Municipal
Code.
B. The Planning Commission, at a regular meeting, considered the proposed
amendments to Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the
Temecula Municipal Code on November 16, 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.
C. The proposed amendments to Title 5 and 17 are consistent with the City of
Temecula General Plan, and each element thereof.
D. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission of the City of Temecula does
hereby find, determine and declare that:
The Planning Commission, in recommending adoption of the proposed Ordinance, hereby makes
the following additional findings as required by Section 17.01.040 ("Relationship to General
Plan") of the Temecula Municipal Code:
1. The proposed use is allowed in the land use designation in which the use is located, as
shown on the land use map, or is described in the text of the general plan.
Except for the amendments pertaining to the Open Space (OS) and Open Space -
Conservation (OS-C) Zoning districts, none of the proposed Code Amendments impact
the types of uses allowed in City. The Code Amendments clarify that communication
and microwave installation are not permitted uses in the OS-C zoning designation but
that bicycle paths are a permitted use in the OS and OS-C Zoning districts. The Code
Amendments also clarify that OS and OS-C Zoning districts allow passive recreational
uses and defines passive and active recreation. These uses are consistent with the Open
Space land use designation.
2. The proposed uses are in conformance with the goals, policies, programs and guidelines
of the elements of the general plan.
The proposed changes to Title 17 conform with the goals, policies, programs and
guidelines of the elements of the General Plan. The proposed changes allow for the
separate conveyance of an ADU as well other revisions to ADU regulations is consistent
with Goal 2 of the Growth Management/Public Facilities Element of the Temecula
General Plan, which is to ensure "Orderly, and efficient patterns of growth that enhance
quality of life for Temecula residents." As a relatively new home product type, ADU's
further Policy 2.5 of the Growth Management/Public Facilities element of the General
Plan that states, "Encourage new development that helps create and maintain a balance
between jobs and housing opportunities." The proposed changes to specifically allow
bike paths in the OS and OS-C zoning districts are consistent with Goal 8 of the Open
Space/Conservation Element of the General Plan, which is to ensure "Development of a
trail system that serves both recreational and transportation needs." The proposed
changes to PDO 4 and 10 to expressly provide that restaurants with live entertainment
must comply with the Entertainment License and Private Security Operator requirements
of the Municipal Code are consistent with Goal 3 of the Noise Element of the Temecula
General Plan, which is to "Minimize the impact of noise levels throughout the
community through land use planning." The proposed addition of parking garage
standards is consistent with Goal 7 of the Circulation Element of the General Plan which
is to ensure "An adequate supply of private and public parking to meet the needs of
residents and visitors to the City." The remaining proposed amendments to the Temecula
Municipal Code are minor clarifications and a correction of typographical edits and do
not result in an inconsistency between the Temecula Municipal Code and the adopted
General Plan.
3. The proposed uses are to be established and maintained in a manner which is consistent
with the general plan and all applicable provisions contained therein.
The proposed amendments to Title 17 of the Temecula Municipal Code do not propose
any land use that is inconsistent with the Temecula General Plan. The majority of the
Code Amendments do not create or allow new uses where they were not previously
allowed. Only the revisions to the Open Space -Conservation (OS-C) and Open Space
(OS) Zoning districts impact the use of land. The Code Amendments clarify that
communication and microwave installation are not permitted uses in the OS-C zoning
designation but that bicycle paths are a permitted use in the OS-C and OS Zoning
districts. The Code Amendments also clarify that OS and OS-C Zoning includes passive
recreational uses and defines passive and active recreation. These uses are consistent
with the types of uses permitted in the OS-C Zoning district.
Section 3. Environmental Compliance. In accordance with the California
Environmental Quality Act, the proposed Ordinance No. 2023- 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 Ordinance will have a significant effect on the environment. The
Code Amendments impose regulations on existing uses, but do not increase the intensity or
density of any land use or allow any development where it was not otherwise permitted. The
proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use
that is inconsistent with the Temecula General Plan. The majority of the Code Amendments do
not create or allow new uses where they were not previously allowed. Only the revisions to the
Open Space (OS) and Open Space -Conservation (OS-C) Zoning districts impact the use of land.
The Code Amendments clarify that communication and microwave installation are not permitted
uses in the OS-C zoning designation but that bicycle paths are a permitted use. The Code
Amendments also clarify that OS and OS-C Zoning includes passive recreational uses and
defines passive and active recreation. These uses are consistent with the types of uses permitted
in the OS and OS-C Zoning districts and, therefore, will not have an impact on the environment.
The Planning Commission, therefore, recommends that the City Council of the City of Temecula
adopt a Notice of Exemption for the proposed ordinance.
Section 4. Recommendation. The City of Temecula Planning Commission hereby
recommends the City Council approve Planning Application No. LR22-0182, a proposed
Citywide Ordinance in substantially the same form as set forth on Exhibit "A", attached hereto,
and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 16th day of November 2022.
Gary Watts, Chairman
0
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that
the forgoing PC Resolution No. 2022-34 was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 16th day of
November, 2022, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Hagel, Ruiz, Turley-Trejo, Watts
NOES: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS:
Secretary
ORDINANCE NO.2023-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 5 AND 17 OF THE
TEMECULA MUNICIPAL CODE MAKING MINOR
REVISIONS TO MASSAGE ESTABLISHMENT,
ACCESSORY DWELLING UNIT, CAR WASH, FLAG
POLES, AND CONDITIONAL USE PERMIT
REGULATIONS, ESTABLISH PARKING GARAGE
STANDARDS, CLARIFY THE PERMITTED USES
ALLOWED IN THE OPEN SPACE -CONSERVATION
DISTRICT ZONE, CLARIFY THAT ENTERTAINMENT
PERMITS ARE REQUIRED FOR CERTAIN USES PDO-4
AND PDO-10, MODIFY THE DEFINITION OF ALCOHOLIC
BEVERAGE MANUFACTURER, ADD DEFINITIONS FOR
ACTIVE AND PASSIVE RECREATION, MAKE OTHER
CLERICAL REVISIONS AND MAKE A FINDING OF
EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) GUIDELINES SECTION 15061
(B)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does
hereby find, determine and declare that:
A. City staff identified the need to make minor revisions and clarifications to portions
of Title 5 (Business Licenses and Regulations), and Title 17 (Zoning) of the Temecula Municipal
Code.
B. As required by State law, the Planning Commission considered the proposed
amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Code Amendments") on
November 16, 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.
C. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission adopted PC Resolution No. 2022-34, recommending
that the City Council approve the Code Amendments.
D. The City Council, at a regular meeting, considered the Ordinance on January 24,
2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and
interested persons had an opportunity to and did testify either in support or opposition to this
matter.
E. Following the public hearing, the City Council considered the entire record of
information received at the public hearings before the Planning Commission and City Council.
Section 2. Further Findings. The City Council, in approving the proposed
Ordinance, hereby makes the following additional findings as required by Section 17.01.040
("Relationship to General Plan") of the Temecula Municipal Code:
1. The proposed uses are 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.
Except for the amendments pertaining to the Open Space -Conservation (OS-C) Zoning
designation, none of the proposed Code Amendments change the types of uses allowed in City.
The Code Amendments clarify that communication and microwave installation are not permitted
uses in the OS-C zoning designation but that bicycle paths are a permitted use. The Code
Amendments also clarify that OS and OS-C Zoning includes passive recreational uses and defines
passive and active recreation.
2. The proposed uses are in conformance with the goals, policies, programs and
guidelines of the elements of the general plan.
The proposed changes to allow for the separate conveyance of an ADU as well other
revisions to ADU regulations is consistent with Goal 2 of the Growth Management/Public
Facilities Element of the Temecula General Plan, which is to ensure "Orderly, and efficient
patterns of growth that enhance quality of life for Temecula residents." As a relatively new home
product type, ADU's further Policy 2.5 of the Growth Management/Public Facilities element of
the General Plan that states, "Encourage new development that helps create and maintain a balance
between jobs and housing opportunities." The proposed changes regarding OS Zoning designation
are consistent with Goal 8 of the Open Space/Conservation Element of the General Plan, which is
to ensure "Development of a trail system that serves both recreational and transportation needs."
The proposed changes to PDO 4 and 10 are consistent with Goal 3 of the Noise Element of the
Temecula General Plan, which is to "Minimize the impact of noise levels throughout the
community through land use planning." The proposed addition of parking garage standards is
consistent with Goal 7 of the Circulation Element of the General Plan which is to ensure "An
adequate supply of private and public parking to meet the needs of residents and visitors to the
City." The remaining proposed amendments to the Temecula Municipal Code are minor
clarifications and a correction of typographical edits and do not result in an inconsistency between
the Temecula Municipal Code and the adopted General Plan.
3. The proposed uses are to be established and maintained in a manner which is consistent
with the general plan and all applicable provisions contained therein.
The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land
use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments
do not create or allow new uses where they were not previously allowed. Only the revisions to the
Open Space -Conservation (OS-C) Zoning district impact the use of land. The Code Amendments
clarify that communication and microwave installation are not permitted uses in the OS-C zoning
designation but that bicycle paths are a permitted use. The Code Amendments also clarify that OS
and OS-C Zoning includes passive recreational uses and defines passive and active recreation.
These uses are consistent with the types of uses permitted in the OS-C Zoning district.
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 Code Amendments would have a
significant impact on the environment. The Code Amendments impose regulations on existing
uses, but do not increase the intensity or density of any land use or allow any development where
it was not otherwise permitted. A Notice of Exemption has been prepared and will be filed in
accordance with CEQA and the State CEQA Guidelines.
Section 4. Subsection 5.22.120.A.7 (Chair Massage) of Section 5.22.120
(Exemptions) of Chapter 5.22 (Massage and Massage Establishments) of Title 5 (Business License
and Regulations) 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 5.22.120 remaining unchanged:
"Chair massage," i.e., massage of the body from the waist up, to a person seated in a chair,
provided that the massage is performed in an area that is within public view;
a. Chair massage businesses are exempt from the maximum number of massage
establishments as specified in Section 5.22.050 of this chapter.
b. All other requirements of this chapter are applicable to chair massage businesses except
those items that are expressly not deemed applicable to chair massage businesses as
determined by the Chief of Police in written form.
c. In no case will a chair massage business be eligible to convert their existing business
into a traditional massage establishment. A new massage business license would be
required."
Section 5. Subsection "27" (Emergency Communication) is hereby added to
Subsection B (Operations) of Section 5.22.080 (Requirements applicable to the operation of
massage establishments.) of Chapter 5.22 (Massage and Massage Establishments) of Title 5
(Business License and Regulations) of the Temecula Municipal Code is hereby added to read as
follows (with additions appearing in underlined text), with all other provisions of Section 5.22.080
remaining unchanged:
27. Emergency Communication. Each massage establishment shall have and maintain a
dedicated telecommunication device physically at the business location with an assigned
telephone number capable of receiving incoming calls and dialing out to emergency
services, specifically
3
Section 6. Subsection "C" (Conservation District (OS-C)) of Section 17.14.020 (Open
space/recreation districts.) of Chapter 17.14 (Open Space/recreation/conservation Districts) of
Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with
additions appearing in underlined text), with all other provisions of Section 17.14.020 remaining
unchanged:
"C. Conservation District (OS-C). The conservation zoning district is intended for those
lands that should remain in a natural state as much as feasible without intrusions from
active recreational uses. Improvements may be made to these areas to allow for pass_iN e
recreational uses or for control of erosion, geologic stability, or other public safety
purposes. The construction of buildings or other habitable structures is not permitted. No
profit -generating activities are intended for this zoning district on more than a temporary
hacic "
Section 7. Table 17.14.030 (Schedule of Permitted Uses — Open Space) of Section
17.14.030 (Use regulations.) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning
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 17.14.030 remaining unchanged:
Table 17.14.030
Schedule of Permitted Uses —Open Space
Schedule of Uses
PR
OS
OS-C
OS-C-SM
Agricultural uses
-
C
C
-
Athletic field
P
-
-
-
Bicycle paths
P
Y C
1' C
-
Campground
C
-
-
-
Caretakers quarters
C
C
C
-
Cemeteries, mausoleums and related uses
C
C
-
-
Communications and microwave installations
-
-
-
Flood control structures
C
C
C
C
Game courts, badminton, tennis, racquetball
P
C
-
-
Golf driving range not part of a golf course
C
C
-
-
Golf course and clubhouse
C
C
-
-
Golf course resort (including accessory visitor supporting
accommodations and commercial uses, such as hotels,
fractional ownership units, day spa, restaurants and
conference center)
C
-
-
Government and public utility facilities
C
C
C
C
Gymnasium
C
-
-
-
4
Table 17.14.030
Schedule of Permitted Uses —Open Space
Schedule of Uses
PR
OS
OS-C
OS-C-SM
Commercial marijuana activities
-
-
-
-
Marijuana cultivation!
-
-
-
-
Nature centers/exhibits
P
C
C
-
Nurseries
-
C
-
-
Outdoor exhibits
P
P
P
-
Picnic group facilities
C
C
-
-
Private parks and recreation facilities
P
C
-
-
Parking areas
C
C
C
-
Public parks and recreation facilities
P
C
-
-
Recreational vehicle park
-
C
-
-
Riding stable, public or private
C
C
C
-
Shooting galleries, ranges, archery courses
-
C
-
-
Single-family dwellings (1 unit per 40 acres)
-
P
C
-
Tree farms
-
C
-
-
Note:
1. 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.
Section 8. Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34
(Definition of Terms) 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 17.34.010 remaining unchanged:
"Aeeessery dwelling unit" means an attaehed or detaehed residential dwelling unit on a
lot with an existing single family residenee (primary residenee) that pr-ovides eomplete
independent fiving faeilities for one or more per -sons. it shall ineltide permanent
provisions for- living, sleeping, eating, eooking, and sanitation on the same par -eel that
single family 'dwelling is situated. "Accessory dwelling unit" or "ADU" has the same
meaniniz ascribed in Government Code section 65852.2. as the same may be amended
from time to time. "Accessory dwelling unit" includes an "Efficiency Unit" as defined in
Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in
Health and Safety Code Section 18007.
"Guest house" means an additional stmeture to a pr-imafy r-esidenee on a par -eel zoned fof
feet.single family residential, designed to pr-ovide aecoffimodations foF visitors, att-ae-hed- of
detached, but shall not be titilized as an aceessery dwelling unit, and shall not eentain
provisions for the preparation of food, eeeking, f4eilities or- wet bar. A guest house s
not eyeeed one thousand two hundfed square feet in area and shall eontain a bathfoo
with a toilet, sink, and a bathlub and/or shower if it is ever- eight hundred square
shall have the same definition as "Accessory Dwelling Unit" or "ADU."
"Alcoholic beverage manufacturing" means an establishment that produces or
manufactures alcoholic beverages and is licensed by the Department of Alcoholic Beverage
Control of the State of California. These types of establishments may: (1) sell alcohol that
is produced or manufactured on the alcoholic beverage manufacturer's licensed premises
for on -sale or off -sale consumption; (2) include accessory uses such as tours, specialty
dinners, food pairings, retail sales, and/or on -site consumption; and (3) include tasting
rooms. Typical uses include breweries, distilleries and wineries.
Accessory uses may include one (1) "mobile food facility," sometimes referred to
amended from time to time. Said mobile food facility shall be subject to and
required to comply with the provisions of all City, County, State, and Federal
regulations applicable to mobile food facilities and maintain all current licenses,
insurance, permits and/or approvals required from such regulations and presented
to law enforcement or city staff upon request.
"Recreation Uses, Active" means the tvbical recreational activities that are offered in a
developed community park, such as baseball, soccer and pickleball as well as swimming,
camping, marinas, health resorts and retreat centers that offer similar activities in an indoor
settina. These uses reauire considerable nhvsical infrastructure and are dependent upon
significant utilities to operate.
"Recreation Uses, Passive" means low intensity outdoor activities such as walking, hiking,
bicycling, picnicking, nature education and bird watching. These uses do not require
substantial infrastructure and require little to no utilities to operate.
Section 9. Section 17.16.070 (Approved Specific Plans) of Chapter 17.16 (Specific
Plan Zoning District (SP-)) 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):
The following specific plans have been approved by the city and are designated on the official
zoning map of the city:
SP-1 Roripaugh Estates
(previous reference: SP No. 449164)
SP-2 Rancho Highlands
(previous reference: SP No. 180)
SP-3 Margarita Village
(previous reference: SP No. 199)
SP-4 Paloma del Sol
(previous reference: SP No. 219)
0
SP-5 Old Town
SP-6 Campos Verdes
SP-7 Temecula Regional Center
SP-8 Village West
SP-9 Redhawk
SP-10
Vail Ranch
SP-11
Roripaugh Ranch
SP-12
Wolf Creek
SP-13
Harveston
SP-14 Uptown Temecula
cn_i s
AItn;r
(previous reference: SP No. 1)
(previous reference: SP No. 263)
(superseded by SP-15)
(previous reference: SP No. 217)
(previous reference: SP No. 223)
Section 10. Table 17.22.13613 (Schedule of Permitted Uses) of Section 17.22.134 (Use
regulations.) of Article V Temecula Creek Village Planned Development Overlay District-4 of
Chapter 17.22 (Planned Development Overlay Zoning District (PDO-4)) of Title 17 (Zoning) of
the Temecula Municipal Code is hereby amended to read as follows (with appearing in underlined
text) with all other provisions of Table 17.22.13613 remaining unchanged:
Table 17.22.136B
Schedule of Permitted Uses
Temecula Creek Village Planned Development Overlay District-4-
Description of Use
PDO-
411
PDO-
4V6
R
Radio and broadcasting studios, offices
P
-
Radio/television transmitter
-
-
Recreational vehicle park
-
-
Recreational vehicle sales
-
-
Recreational vehicle, trailer, and boat storage within an enclosed
building
Recreational vehicle, trailer and boat storage -exterior yard
-
-
Recycling collection facilities
-
-
Recycling processing facilities
-
-
Religious institution, without a day care center or educational
institution
C
-
Religious institution, with an educational institution
C
-
Religious institution, with a day care center
C
-
%I
Residential (one dwelling unit on the same parcel as a commercial
or industrial use for use of the proprietor of the business)
Restaurant with drive -through window
-
-
Restaurants and other eating establishments
P
P4
(with or without the sale of beer and wine)
Restaurants and other eating establishments
_
0
(with the sale of beer, wine and distilled spirits)
Restaurant (bona fide public eating establishment) with lounge or
_
0
live entertainment (not including dancing)7-8
Retail support use (15 percent of total development square footage
in BP and LI)
Rooming and boarding houses
-
-
Notes:
I . The CUP will be subject to Section 17.10.020(B) special standards for the sale of alcoholic beverages.
2. Subject to the requirements of Chapter 17.40 of the Temecula Municipal Code.
3. In PDO-4, all senior housing residential projects shall use the development and performance standards for the high
density residential zone and the provisions contained in Section 17.06.050(H).
4. The size of the use or activity is limited to 5,000 square feet.
5. Outdoor entertainment in conjunction with an eating establishment is permitted provided that the outside noise
levels do not interfere with off -site conversation.
6. Drive through facilities are not allowed in the village planning area.
Retail/support commercial planning area is identified as PDO-4R.
Village commercial planning area is identified as PDO-4V.
Multifamily planning areas A and B use the high density column in Table 17.06.030.
7. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
8. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private Security Operators)
Section 10. Table 17.22.216(B) (Schedule of Permitted Uses) of Section 17.22.216
(Use regulations) of Article XI. Temecula Education Center Planned Development Overlay
District -10 of Chapter 17.22 (Planned Development Overlay Zoning District (PDO-10)) of Title
17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions
appearing in underlined text) with all other provisions of Table 17.22.216(B) remaining
unchanged:
Table 17.22.216(B)
Schedule of Permitted Uses
Temecula Education Center Planned Development Overlay District-10
Description of Use
PDO-10
R
Radio and broadcasting studios, offices
P
Recycling collection facilities
C
Religious facilities
P
Religious institution, with a daycare center
P
Religious institution, with an educational institution
C
Religious institution, without a daycare center or educational institution
C
Residential, multiple -family housing
P
Residential -senior housing
C
Restaurants and other eating establishments
P
Restaurants (bona fide public eating establishment) with lounge or live
entertainment (not includin dg ancing) 4
C
Notes:
1. The CUP will be subject to Section 17.10.020(B), special standards for the sale of alcoholic beverages.
2. Subject to citywide antenna standards.
3. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
4. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private Security Operators)
Section 11. Section 17.23.020 (Definitions) of Chapter 17.23 (Accessory Dwelling
Units) 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 17.23.020 remaining unchanged:
"Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code
section 65852.2, as the same may be amended from time to time. Accessory dwelling unit includes
an "Efficiencv Unit" as defined in Health and Safetv Code Section 17958.1 and a "Manufactured
Home" as defined in Health and Safety Code Section 18007.
Section 12. Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use
regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough
text and additions appearing in underlined text) with all other provisions of Table 17.06.030
remaining unchanged:
17.06.030 Use regulations.
The list of land uses on Table 17.06.030 shall be permitted in one or more of the residential
zoning districts as indicated in the columns corresponding to each residential zoning district.
Where indicated with a letter "P" the use shall be a permitted use. Where indicated with a "-,"
the use is prohibited within the zone. A letter "C" indicates the use shall be conditionally
permitted subject to the approval of a conditional use permit.
Description of Use
Residential
Single-family detached
Duplex (two-family dwellings)
Single-family attached (greater than two
units
Multifamily
Manufactured homes
Mobilehome park
Facilities for the mentally disordered,
disabled, or dependent or neglected children
six or fewer
Facilities for the mentally disordered,
disabled, or dependent or neglected children
seven to twelve
Alcoholism or drug abuse recovery or
treatment facility six or fewer
Alcoholism or drug abuse recovery or
treatment facility seven or more
Residential care facilities for the elderly (six
or fewer
Residential care facilities for the elderly
seven or more
Residential care facilities six or fewer
Residential care facilities seven or more
Congregate care residential facilities for the
elder) 6
Boarding, rooming and lodging facilities
Accessory dwelling units
Guest house
Family day care homes —small and large
Day care centers
Bed and breakfast establishments6
Emergency shelters
Transitional housing,
Supportive housing,
Notes:
Table 17.06.030
Residential Districts
HR I RR I VL I L- I L- I LM I M I H HR-SM'
1 2
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C
C
I C
C
I C
I C
P
I P
C
P
P
P
P
P
P
P
P
P
C
C
C,
C
C
C
P
P
C
P
P
P
P
P
P
P
P
P
!;i
■,il;il�l�
�i
■ i
■�
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�aaaaaoo�
�asasa�®�
1. Subject to the provisions of Section 17.06.050(I) of this chapter.
10
2. A duplex or two-family dwelling may be permitted on corner lots with a planned
development overlay pursuant to the provisions of Chapter 17.22 of this title.
3. Subject to the provisions of Section 17.24.020(D)(2) of this title.
4 Allowed on!), with a single family rest efiee Subject to the provisions of Chapter 17.23 of
this code.
5. The director of planning shall have the discretion to waive submittal of an administrative
development plan, if it is determined that the construction trailer will not have an adverse impact
on adjacent residences or businesses.
6. Subject to the supplemental development standards contained in Chapter 17.10 of this title.
7. Not used.
8. These uses are not permitted within the Nicolas Valley rural preservation area, as identified
in Figure LU-5 of the land use element of the general plan.
9. Development within the HR-SM zoning district is subject to Section 17.06.080, Hillside
development standards.
10. 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.
11. Legal nonconforming single-family residences will be permitted to construct accessory
dwelling units if they meet the requirements of this Section 17.06.050(L).
Section 13. Table 17.06.050A (Accessory Structures Setbacks for the HR, RR, VL, L-
1, L-2, LM, M and H Zoning Districts) of Section 17.06.050 (Special use standards and
regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough
text and additions appearing in underlined text) with all other provisions of Table 17.06.050A
remaining unchanged:
Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning
Districts
Accessory Structure
Front Yard
Rear Yard
Interior Side Yard'
Carports
Not permitted
5 ft. min. for support
5 ft. min. for support
columns
columns
Detached guest 1....,s
Net p mitte d in the
aetuai &-oat yar-d,
Refer to the rear yard
set�tbae ks in
Table 17.06.040
Refer to the side . arA
set�tbaeks in
Table 17.06.040
Garage
20 ft. (Entrance faces
5 ft. min., but no less than
5 ft. min.
street)
15 ft. from centerline of
10 ft. (Entrance from side
alley
not facing front yard)
Storage/utilityStorage/utility enclosure
Not permitted
3 ft.
3 ft.
Swimming pool"
Not permitted,
5 ft. to water's edge
5 ft. to water's edge
Swimming pool
Not permitted,
3 ft.
3 ft.
equipment
11
Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning
Districts
Accessory Structure
Front Yard
Rear Yard
Interior Side Yard'
Spa
Not permitted,
3 ft. to water's edge
3 ft. to water's edge
Antennas
Not permitted
5 ft.
5 ft.
Gazebo/garden structure
Not permitted
5 ft.
5 ft. if interior side yard
10 ft. if street side yard on
cornerlot
Solar collector (ground
Not permitted in front
10 ft. 0 in.
10 ft. 0 in.
mounted)
yand
Decks (not to exceed 36
Not permitted
5 ft. min.
5 ft. min.
inches above the round
Roof decks
Must meet district development standards i.e. setbacks,
height, lot coverage, etc.
Patio covers measured at
15 ft.
5 ft. min.
5 ft, min.
vertical supports
Notes:
1. On a corner lot, accessory structures are not permitted, unless otherwise noted above.
2. Accessory structures with walls must be separated from other accessory and primary
structures by at least six feet.
3. Swimming pools, spas and pool and spa equipment in the VL, RR and HR zoning districts
may be located in the front yards as outlined in Section 17.06.050(E).
. .
Section 14. Table 17.22.116 (Schedule of Permitted Uses) of Section 17.22.116 (Use
regulations) of Article III. Margarita Road Planned Development Overlay District-2 of Chapter
17.22 (Planned Development Overlay Zoning District-2)) 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 Table 17.22.116
remaining unchanged:
Table 17.22.116
Schedule of Permitted Uses
Margarita Road Planned Development Overlay District-2
Description of Use
PDO-2
Residential
Accessory Dwelling Unit (ADU)
P'
Single-family detached
PI
12
Duplex (two-family dwellings)
PI
Single-family attached (greater than two units)
P
Multiple -family
P
Manufactured homes
P
Mobilehome park
-
Facilities for the mentally disordered, disabled or dependent or neglected children
(six or fewer)
P
Facilities for the mentally disordered, disabled or dependent or neglected children
(seven to twelve)
P
Alcoholism or drug abuse recovery or treatment facility (six or fewer)
P
Alcoholism or drug abuse recovery or treatment facility (seven or more)
P
Residential care facilities for the elderly (six or fewer)
P
Residential care facilities for the elderly (seven or more)
P
Congregate care residential facilities for the elderly
P
Boarding, rooming and lodging facilities
C
Guest house
P3
Family day care homes —small
P
Family day care homes —large
P
Day care centers
C
Bed and breakfast establishments
-
Emergency shelters
P
Transitional housing
P
Notes:
1. Detached residential or zero lot -line units, duplexes and two-family dwellings are
permitted only with the approval of the planning commission.
2. Subject to the provisions of Section 17.24.020(D)(2).
3. Allowed only with ^ single family rest epee. Subject to the provisions of Chapter 17.23
of this code.
4. The community development director shall have the discretion to waive submittal of an
administrative development plan if it is determined that the construction trailer will not have
an adverse impact on adjacent residences or businesses.
13
Section 15. Section 17.23.050 (ADU standards.) of Chapter 17.23 (Accessory Dwelling
Units) 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 17.23.050 remaining unchanged:
17.23.050 ADU standards.
Except those ADUs approved pursuant to Subsection 17.23.030, ADUs shall comply with the
following standards:
A. Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing primary
dwelling that is zoned residential.
B. Development Standards.
1. Size Restrictions. If there is an existing primary dwelling, an attached ADU shall not exceed fifty
percent of the gross floor area for the primary dwelling. An attached ADU that is proposed with a
new primary dwelling shall not exceed one thousand two hundred square feet in floor area. A
detached ADU shall not exceed one thousand two hundred square feet in floor area. In no case
shall an ADU be less than an "efficiency unit" as defined in Section 17958.1 of Health and Safety
Code with respect to square footage.
2. Height Restrictions. An ADU shall not exceed sixteen feet in height.
3. Transfer. An ADU shall not be sold, transferred, or assigned separately from the primary
dwelling, but may be rented. The ADU shall not be used for short-term rentals for less than thirty-
one days.
4. Setback. No setback shall be required for an ADU that is within an existing structure or new
ADU that is constructed in the same location and with the same dimensions as an existing
structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet.
An ADU shall comply with all required front yard setbacks otherwise required by the municipal
code.
5. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning
district in which the property is located, except where the application of the lot coverage
regulations would not permit construction of an eight hundred square foot ADU that is sixteen
feet in height with four -foot side and rear yard setbacks.
6. Historic Resources. An ADU that has the potential to adversely impact any historical resource
listed on the California Register of Historic Resources, shall be designed and constructed in
accordance with the "Secretary of the Interior's Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic
Buildings" found at 36 CFR 68.3, as amended from time to time. An ADU shall also comply with
all local historic register requirements, as well as all objective local requirements, ordinances, or
specific plans that pertain to historic resources.
C. Design and Features.
1. Design. The ADU shall have the same design, architecture, colors and materials of the primary
dwelling, and shall comply with any objective design standards adopted by the city that are
applicable to the zoning district or specific plan area where the ADU is located.
2. Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required for the primary
dwelling.
3. An ADU shall have a separate exterior access.
4. All utilityquipment to include window mounted coolin/heating equipment must not be visible
from the public right-of-way.
14
D. Covenant Required. The property owner shall record a declaration of restrictions, in a form approved
by the city attorney, placing the following restrictions on the property, the property owner, and all
successors in interest: (1) the ADU is to be rented only for terms of thirty days or longer; and (2) the
ADU is not to be sold or conveyed separately from the primary dwelling exceTt in conformitith
Government Code Section 65852.26. Proof of recordation of the covenant shall be provided to the
city before the city finals the building permit.
E. Parking Requirements.
In addition to the off-street parking space(s) required for the primary dwelling, one off-street
parking space shall be provided for each ADU, except when:
a. The ADU is located within one-half mile walking distance of public transit;
b. The ADU is located within an architecturally and historically significant historic district;
c. The ADU is part of a proposed or existing primary dwelling or accessory structure;
d. The ADU is located in an area where on -street parking permits are required but not offered to
an ADU occupant; or
e. The ADU is located within one block of a city -approved and dedicated parking space for a
car share vehicle.
2. When the ADU is created by converting or demolishing a garage, carport or covered parking
structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be
required as long as the ADU remains in use as a legal ADU.
Section 16. A new Subsection "K" is hereby added to Section 17.04.010 (Conditional
Use Permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code to
read as follows, (with additions appearing in underlined text) with all other provisions of Section
17,04.010 remaining unchanged-
K. "All Conditional Use Permits that include the sale of alcohol, shall be physically posted on
site in a conspicuous manner viewable to customers, patrons or guests and presented upon
request to any Law Enforcement or City Staff authorized to enforce this Chapter. The posting
shall include the approval letter, Conditions of Approval, and approved site plan. "
Section 17. Subsection G (Car Washes) of Section 17.10.020 (Supplemental
Development Standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17
(Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions
appearing in strikethrough text and additions appearing in underlined text) with all other provisions
of Section 17.23.050 remaining unchanged:
G. Car Washes. A conditional use permit shall be required for all full -service or self-service car
washes within the commercial districts. Car washes shall comply with the following criteria:
1. Such businesses shall be located at least two hundred 2( Q0) feet from any residentialAl
zoned district property line. That distance shall be measured in a straight line regardless
of physical encumbrances, and shall be inclusive of all:
a. Vacuum equipment;
b. Vehicle dryer or blower units;
c. Air compressors and hydraulic, electric, or pneumatic motors;
d. Parking areas; and
15
e. Drive or queuingisles.
sles.
2. Wash bays and vacuum areas shall be screened from public view.
3. Regular monitoring of the facility by an attendant shall be provided during business hours
to control noise, litter, and other nuisances.
4. Hours of operation shall be limited to seven a.m. to ten p.m., unless otherwise
specifically established as a condition of approval. Automatic shut-off of water and
electrical systems, except for security and fire protection, shall be provided during non -
business hours.
Section 18. A new Section "T" (Parking Garage Standards) is hereby added to Section
17.10.020 (Supplemental Development Standards) of Chapter 17.10 (Supplemental
Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code 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:
"T. Parking Garages. All parking garages shall be designed in a manner that incorporates the
following requirements:
1. Elevators
a. Should be oriented to adjacent streets, when possible.
b. Shall have glass backs and be glass enclosed with a minimum of 75% visibility.
c. When it is impossible for glass backed elevator or glass enclosed elevator, an
active video surveillance system shall be required within the elevator and adjacent
to elevator entrances.
2. Stairwells
a. Stairwells shall provide internal and external visibility, with a minimum of 75%
transparency.
b. Stairwells should be oriented to adjacent streets, when possible.
c. Stairwell walls shall be made of glass and/or have exterior openings where the
stairwell is open and visible to the exterior
d. Stairwell door use should be minimized,• but when utilized one third of the door
must be made of clear durable glass to encourageparency and safety.
Sample Image of Glass Enclosed Elevator and Open Stairwell
IVI
i
3. Security fencing
a. Shall be installed below stairwells to eliminate unauthorized access. Fencing shall
be compatible with the design of the parking structure; no chain link fencing of
any kind is permitted.
4. Safety
a. Emergency Call boxes shall be conspicuously dispersed throughout parking
garages, with a minimum of one call box on each level. Additional call boxes may
be required at the discretion of the Chief of Police or Director of Community
Development.
5. Minimum Floor Heights
a. The minimum height from the floor to the lowest ceiling structure, sport beam,
or overhead fixture, such as a conduit, pipeline, signage, lighting, or aLly other
obstruction mounted on the ceiling shall be eight (8) feet two (2) inches in height.
6. Interior Treatment. The interior treatment of a parking structure shall be of a light color.
The treatment shall include a coordinated interior sign program designed to identify
parking levels and locate stairwells, elevators, phones, exits and other interior features.
7. Mirrors for Sight Distance. Blind corners shall be provided with viewing mirrors
maintained in a position and condition to provide adequate sight distance.
8. Integral Design. Parking structures should be designed as an integral component of the
coordinated site plan and architectural theme. Rooftop solar arrays and green roof
technologies are encouraged.
17
9. Signage. A well -designed graphics and signage system will effectively communicate
necessary information to patrons, reduce confusion, improve safety, and enhance the
overall user experience.
a. Vehicular Sins. Examples of vehicular signs include "Park" and "Exit"
directional signs. Vehicular signs are ten or twelve inches in height with six or
seven inch letters. Ten (10)-inch signs are recommended for precast structures
where sign visibility can be a problem. Vehicular signs should be centered over
the drive lane or centered over the drive aisle when signs are mounted back-to-
back.
b. Pedestrian Signs. Examples of pedestrian signs include "Level #," "Remember
Level #," "Row #,"and "Stair" and "Elevator" identification and directional signs.
Pedestrian signs shall be light in color, easy to read in day and night settings, and
contain a number or memorable icon/character for easy pedestrian wayfinding_
Pedestrian signs should be clearlydistinguishable istinguishable from vehicle signs so as not to
interfere with vehicular traffic. Pedestrian signs in parking bays are most effective
if located perpendicular to traffic flow, and they should be placed at the rear of
parking stalls. Color -coding is often used to help patrons find their vehicles. The
elevator core area provides an excellent location to utilize super graphics. Super
graphics is defined as a graphic that covers a large area and is generally painted
on a vertical surface, such as painted walls or elevator doors, with level
designation incorporated.
c. No offsite signage is permitted.
10. Bicycle parking/storage. Bicycle parking shall be provided in quantities required in
accordance with Temecula Municipal Code Section 17.24.040(F)(2) `Minimum Bich
Parking Requirements.' All bicycle facilities are required to be located exclusively on the
ground level.
11. Pedestrian access points and pathways shall be located to avoid pedestrian/vehicle
conflicts.
12. Parking structures that propose to charge a fee or propose gates/entry control devices for
parkin shall a stacking analysis to demonstrate such activities will not impact
the flow of traffic surrounding the parking structure.
13. Parking structures that exceed one hundred (100) parking spaces, or greater than two
stories, to include below grade parking, shall be required to provide a parking anal. sis or
"counting" system to indicate total number of spaces and total number of unoccupied
spaces on the entrance(s) of the parking structure.
14. Stall width
a. When the side of any parking stall abuts a building, fence, wall, support column
or other obstruction which would interfere in any way with access to a motor
_vehicle, the width of the stall shall be increased to at least eleven 01) feet.
15.
Structure Liahtina Standards
18
Area
Minimum
Horizontal
Illuminance on
Minimum
Vertical
Illuminance at 5
Maximum to
Minimum
Uniformity Ratio
Floor
Footcandles
Feet
Footcandles
Parking
Pedestrian Areas
2
1
10:1
Stairwells
2
1
10:1
Ramps and Corners
1
0_5
10:1
-Da
Ramps and Corners
1.0
1.0
10:1
-Night
Entrance Areas -
Da
50
25
10:1
Entrance Areas —
0.5
10:1
Ni ht
Section 19. Subsection C (Flags) of Section 17.28.050 (Exempt Signs.) of Article I.
General of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula Municipal Code
is hereby amended to read as follows (with additions appearing in underlined text) with all other
provisions of Section 17.28.050 remaining unchanged:
C. Flags.
1. A flagpole shall not exceed the zoning district height limits set forth in the Development
Municipal Code Section 17.08.050(H)., or fifty feet if no height limit is providedby the
Development Code.
2. A single flag of the United States of America and two of the following flags shall be
permitted per parcel or center:
a. The state of California, or another state of the United States.
b. A county.
c. A municipality.
d. Official flags of other countries.
e. Flags of nationally or internationally recognized organizations.
f. A corporate flag.
3. The maximum area for a corporate flag may not exceed fifty square feet.
Section 20. Subsection H (Flag Poles) of Section 17.08.050 (Special use regulations and
standards) 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 additions appearing in
underlined text) with all other provisions of Section 17.28.050 remaining unchanged:
H. Flag Poles. A maximum height of fifty 50 seventy-t1%, feet.
19
Section 21. Table 17.03.010 (Planning and Zoning Approval Authority) of Section
17.03.010 (Purpose and intent) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning)
of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing
in underlined text) with all other provisions of Table 17.22.116 remaining unchanged:
Table 17.03.010
Planning and Zoning Approval rity
Application
Administrative
Approval
Planning
Director
Planning
Commission
City
Council
General plan amendment
Recommendation'
X'
Zoning amendment: text changes
Recommendation'
X'
Zoning amendment: map changes
Recommendation'
X'
Zoning amendment: specific plan,
includes specific plan amendments
Recommendation'
X'
Conditional use permit ((UP) —
existing building
X' 2
Conditional use permit (CUP) with
a development plan
Xl'2'3
XI'3
CUP modification all changes
X'
Development plan
10,000 s . ft. orgreater)X
1
Development plan
less than 10,000 s . ft.
X'
Major modifications
X2,a
x1A
Minor modifications
X2
Administrative development plan
X2
Home occupation plan
X2
Minor exceptions
X2
Sin permits
X2
Sign programs, including sign
program modifications
X2
Temporary use permits
X2
Variance
X'
Accessory dwelling unit
X5
Hillside development permit
X'
Notes:
1. Requires consideration at a noticed public hearing.
2. For matters that are considered to have special significance or impact, the director of planning
may refer such items to the planning commission for consideration.
3. Conditional use permits without development plans are approvable by the director of planning.
Conditional use permits with development plans are approvable by hearing body required for the
development plan.
20
4. Major modifications of projects which were approved by the planning commission or city council
shall be considered by the original approval body. Increases in building square footage that results in a
building larger than 10,000 square feet shall be considered by the planning commission.
State law requires the administrative consideration of secondary dwelling units. These
lications cannot be promoted to the olannine commission.
Section 22. Table 17.08.030 (Schedule of Permitted Uses) 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 Table
17.22.116 remaining unchanged:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
INCICCIHTISCIPOIBPI
LI
A
Adult businesses —subject to Chapter 17:$9 5 09 of
the Temecula Municipal Code
_
C
C
C
-
-
-
Aerobics/dance/gymnastics/jazzercise/martial arts
studios (greater than 5,000 s . ft.)
-
P
P
P
C
Section 23. Severability. If any section or provision of this Ordinance is for any reason
held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance
shall remain valid. The City Council hereby declares that it would have adopted this Ordinance,
and each section or provision thereof, regardless of the fact that any one or more section(s) or
provision(s) may be declared invalid or unconstitutional or contravened via legislation.
Section 24. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
Section 25. Effective Date. This Ordinance shall take effect thirty (30) days after
passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula the _day of , 2023.
, Mayor
21
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. 2023- was duly introduced and placed upon its first reading at a meeting of the
City Council of the City of Temecula on the day of , 2023, 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 , 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
22
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.: Long Range Project No. LR22-0182 Municipal Code Update
Applicant: City of Temecula
Location: Citywide
Proposal: Adopt an ordinance of the City Council of the City of Temecula
amending Titles 5 and 17 of the Temecula Municipal Code making minor revisions to massage
establishment, accessory dwelling unit, carwash, flag poles, and conditional use permit regulations,
establish parking garage standards, clarify the permitted uses allowed in the open space and open
space -conservation district zones, clarify that entertainment licenses are required for certain uses in
PDO-4 and PDO-10, modify the definition of alcoholic beverage manufacturer, add definitions for
active and passive recreation, make other clerical revisions to the Municipal Code.
Environmental Action: In accordance with the California Environmental Quality Act ("CEQA"),
the proposed ordinance is exempt from further environmental review and a Notice of Exemption will
be adopted in compliance with CEQA (Section 15061(b)(3)).
PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council
Chambers
DATE OF HEARING: February 28, 2023
TIME OF HEARING: 6:00 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 forjudicial 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 draft ordinance may be viewed at the public information counter, Temecula Civic
Center, Community Services Department, 41000 Main Street, Monday through Fridayfrom 8:00 a.m.
until 5:00 p.m. Questions concerning the project(s) may be addressed to Mark Collins, City of
Temecula Community Development Department, (951) 506-5172.
City of Temecula
Community Development
41000 Main Street • Temecula, CA 92590
Phone (951 ) 694-6400 • TemeculaCA.gov
VIA -ELECTRONIC SUBMITTAL
CEQAProces sina(& asrclkrec. com
March 1, 2023
Supervising Legal Certification Clerk
County of Riverside
P.O. Box 751
Riverside, CA 92501-0751
SUBJECT: Filing of a Notice of Exemption for Long Range Project Number LR22-0182,
an update to Title 5 & 17 of the Temecula Municipal Code
Dear Sir/Madam:
Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to
Assembly Bill 3158 (Chapter 1706) the City will pay for the County Administrative fee to enable
the City to file the Notice of Exemption required under Public Resources Code Section 21152 and
14 California Code Regulations 1507. The payment of the $50.00 filing fee is under protest. It is
the opinion of the City that the administrative fee has been increased in a manner inconsistent with
the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code
Regulations 1507, the County is entitled to receive a $25.00 filing fee.
Also, please email a stamped copy of the Notice of Exemption within five working days after the
30-day posting to the email listed below.
If you have any questions regarding this matter, please contact Mark Collins at email:
Mark. Co1hns(c-r�,TemeculaCA. gov.
Sincerely,
Luke Watson
Deputy City Manager
Enclosures: Notice of Exemption Form
Electronic Payment - Filing Fee Receipt
City of Temecula
Community Development
Planning Division
Notice of Exemption
TO: County Clerk and Recorders Office FROM: Planning Division
County of Riverside City of Temecula
P.O. Box 751 41000 Main Street
Riverside, CA 92501-0751 Temecula, CA 92590
Project Title: Long Range Project No. LR22-0182 Municipal Code Update
Description of Project: An ordinance of the City Council of the City of Temecula amending Titles 5 and 17 of the
Temecula Municipal Code making minor revisions to massage establishment, accessory
dwelling unit, car wash, flag poles, and conditional use permit regulations, establish
parking garage standards, clarify the permitted uses allowed in the open space and open
space -conservation district zones, clarify that entertainment licenses are required for
certain uses in PDO-4 and PDO-10, modify the definition of alcoholic beverage
manufacturer, add definitions for active and passive recreation, make other clerical
revisions to the Municipal Code.
Project Location: Citywide
Applicant/Proponent: City of Temecula
The City Council approved the above -described project on February 28t'', 2023 and found that the project is exempt from
the provisions of the California Environmental Quality Act, as amended.
Exempt Status: (check one)
❑ Ministerial (Section 21080(b)(1); Section 15268); ❑ Statutory Exemptions (Section Number:
❑Declared Emergency (Section 21080(b)(3); Section ® Categorical Exemption: (Section 15061 (b)(3))
15269(a)); ❑ Other: Section 15162 Categorical Exemption
❑Emergency Project (Section 21080(b)(4); Section
15269(b)(c));
Statement of Reasons Supporting the Finding that the Project is Exempt:
In accordance with the California Environmental Quality Act (CEQA), the proposed ordinance has been deemed to be
exempt from further environmental review as there is no possibility that the proposed ordinance would have a significant
impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed ordinance amends the
municipal code to implement the requirements of AB345, clarify requirements of massage establishments, implement
parking garage standards and correct other various typographical errors and omissions.
Contact Person/Title: Mark Collins, Assistant Planner Telephone Number (951) 506-5172
Signature:
Luke Watson,
Deputy City Manager
Date:
Date received for filing at the County Clerk and Recorders Office:
Item No. 13
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: February 28, 2023
SUBJECT: Review Fiscal Year 2023-24 Budget Policies and Priorities
RECOMMENDATION: That the City Council review the Fiscal Year 2023-24 Budget
Policies and Priorities and provide feedback on Fiscal Policy Metrics.
BACKGROUND: The Government Finance Officers' Association (GFOA), which
serves as the oversight agency of the Distinguished Budget Presentation Award program includes
a recommended best practice of including public and policy maker engagement in the budget
process.
As such, staff has incorporated a policy and priority review by the Council into the annual budget
process. Council is asked to review and update (if desired) existing Budget Policies, Fiscal Policy
Metrics and the Budget Priorities used in the current year's Annual Operating Budget and Capital
Improvement Program (CIP) Budget. The updated policies and priorities will serve as the
foundation upon which the subsequent fiscal year's annual budget will be developed.
Additionally, staff has scheduled the following outreach meetings with the City's Boards &
Commissions to the budget development process, to gain feedback from each Board/Commission
that may impact the upcoming Operating Budget or CIP:
2/23/22 Budget Engagement Session with the Public/Traffic Safety Commission
3/1/23 Budget Engagement Session with the Planning Commission
3/9/23 Budget Engagement Session with the Race, Equity, Diversity, and
Inclusion (REDI) Commission
3/13/23 Budget Engagement Session with the Community Services Commission
FISCAL IMPACT: None
ATTACHMENTS: None
Item No. 14
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk
DATE: February 28, 2023
SUBJECT: Adopt Resolution Submitting to the Voters a Ballot Measure that Proposes to
Establish Term Limits for City Council Members
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUBMITTING TO THE VOTERS AT THE
NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION A
MEASURE THAT PROPOSES ADOPTION OF AN
ORDINANCE TO ESTABLISH TERM LIMITS, REQUESTING
THAT SUCH ELECTION BE CONSOLIDATED WITH THE
STATEWIDE GENERAL ELECTION HELD ON THAT DATE,
AND TAKING CERTAIN OTHER ACTIONS
BACKGROUND: On February 14, 2023, pursuant to the Government Code, the City
Council approved the placement of a local measure to establish term limits for the City Council
on the November 5, 2024 ballot. Government Code Section 36502 (b) specifically states
"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. "
The attached resolution, and proposed ordinance to be submitted to the voters at the November 5,
2024 general municipal election, implement the above -referenced action by the City Council.
FISCAL IMPACT: Related election costs will be covered in the City Clerk's Office
department operating budget for Fiscal Year 2024-25.
ATTACHMENTS: 1. Resolution
2. Exhibit A (Proposed Ordinance)
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA SUBMITTING TO THE VOTERS AT THE
NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION A
MEASURE THAT PROPOSES ADOPTION OF AN
ORDINANCE TO ESTABLISH TERM LIMITS,
REQUESTING THAT SUCH ELECTION BE
CONSOLIDATED WITH THE STATEWIDE GENERAL
ELECTION HELD ON THAT DATE, AND TAKING
CERTAIN OTHER ACTIONS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. 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."
Section 2. On February 14, 2023, pursuant to the Government Code section referenced
above, the City Council approved the placement of a measure to establish term limits for the City
Council on the November 5, 2024 ballot.
Section 3. The full text of the measure, attached to this resolution as Exhibit A, being the
proposed ordinance establishing term limits, shall be completely printed in the voter pamphlet.
The Ordinance shall be adopted if it receives a majority of the votes cast on it at the regular
municipal election of November 5, 2024 and shall go into effect ten (10) days after the City Council
declares the results of the vote of the November 5, 2024 election. The City Council, pursuant to
its right and authority, orders the measure to be submitted to the voters.
Section 4. The question shall appear on the ballot as follows:
Shall an ordinance be adopted to amend the City of Temecula Yes
Municipal Code providing that no person shall be eligible for
nomination, appointment, and/or election to the office of Member of No
the City Council for more than three (3) four (4) year terms during
their lifetime?
Section 5. The City Council hereby approves the proposed ordinance to be submitted to
the voters, attached hereto as Exhibit A.
Section 6. The City Council hereby directs the City Clerk to transmit a copy of the measure
to the City Attorney to prepare an impartial analysis of the measure pursuant to the process and
deadlines set forth in the Elections Code and applicable to the November 5, 2024 election.
Section 7. The City Council hereby directs the City Clerk to pursue consolidation of the
November 5, 2024 election for said ballot measure with the County of Riverside pursuant to the
process and deadlines set forth in the Elections Code and applicable to the November 5, 2024
election. The City will bear the costs customarily charged by the County in connection with a
ballot question submitted at a municipal election that is consolidated with an election conducted
by the County.
Section 8. The City Council hereby directs the City Clerk and the City Attorney to perform
any and all additional tasks associated with the placement of the local ballot measure and the
conduct of the November 5, 2024 general municipal election as required by law.
Section 9. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 28th day of February, 2023.
Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 28th day of February, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
EXHIBIT A - PROPOSED ORDINANCE
ORDINANCE NO.
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
TEMECULA, ADDING SECTION 2.04.080 TO THE
TEMECULA MUNICIPAL CODE REGARDING TERM
LIMITS
THE PEOPLE OF THE CITY OF TEMECULA DO ORDAIN AS FOLLOWS:
Section 1. Section 2.04.080 is hereby added to the Temecula Municipal Code to read as
follows:
"Term Limits. No person shall be eligible for nomination, appointment, and/or election to
the office of Member of the City Council for more than three (3) four (4) year terms during their
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. This term limitation shall apply prospectively pursuant to
Government Code Section 36502. Therefore, only those terms of office occurring after
November 5, 2024 shall be counted towards the three -term limit. If any person is appointed or
elected to a partial term of office of two years or less, that that term shall not be counted towards
the three -term limit."
Section 2. This Ordinance shall be adopted if it receives a majority of the votes cast on it
at the regular municipal election of November 5, 2024 and shall go into effect ten (10) days after
the City Council declares the results of the vote of the November 5, 2024 election.
Section 3. The People hereby declare that the provisions of this Ordinance are severable
and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or
section of this Ordinance to be invalid, such decision shall not affect the validity of the
remaining parts of this Ordinance.
Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause
this Ordinance to be published in accordance with the law.
PASSED, APPROVED, AND ADOPTED by the People of the City of Temecula at the
General Municipal Election held on November 5, 2024.
ATTEST:
Randi Johl, City Clerk Mayor
[SEAL]
Item No. 15
CITY OF TEMECULA
AGENDA REPORT
TO: City Council
FROM: Aaron Adams, City Manager
DATE: February 28, 2023
SUBJECT: City Council Travel/Conference Report
PREPARED BY: Luisa Tovar, Executive Assistant
RECOMMENDATION: Receive and File.
On February 1, 2, 3, Council Member Jessica Alexander and Council Member Brenden Kalfus
traveled to Universal City, CA to attend the League of California Cities New Mayors and Council
Members Academy.
ATTACHMENTS: Itinerary
LEAGUE OF
CALIFORNIA
CITIES
Feb. 1-3, 2023 Universal City, CA
New Mayors and
rs
Find session m
WiFi Network:
Passcode: Ele
WEDNESDAY, FEB. 1
8:00 a.m.-4:00 p.m. I Registration Open
Grand Hall
9:00-11:00 a.m.
Harassment Prevention Training for Supervisors and Officials (AB 1661)
Check in begins at
Grand Ballroom
8:30a.m.
Sign -in will begin 30 minutes prior to the session and you must be present
for the full two hours to receive the certification of attendance. Entry will be prohibited once
the session begins.
This informational and interactive workplace harassment prevention training will focus on
current and emerging issues, and teach officials and supervisors how to identify, prevent,
and properly respond to workplace harassment, discrimination, retaliation, and abusive
conduct in order to avoid personal and agency liability in compliance with AB 1825, AB 2053,
AB 1661 and SB 396.
The Institute for Local Government is a State Bar of California minimum continuing legal education (MCLE)
approved provider and certifies this activity meets the standards for MCLE credit by the State Bar of
California in the total amount of 2 hours (general credits). Provider # 13881
Speaker. Anni Safarloo, Associate, Liebert Cassidy Whitmore
11:30 a.m.- 12:30 p.m.
Your Cal Cities and How To Use It
Grand Ballroom
As a city official, you are the League of California Cities. Meet the Cal Cities leadership team
and learn about the organization's mission and structure, the advocacy and educational
tools Cal Cities provides, and how you can get the most out of your membership.
Opening Remarks: Lori Ogorchock, Department Director, Mayors and Council Members Department
and Council Member, Antioch
Speakers: Carolyn Coleman, Executive Director and CEO, League of California Cities
Ali Sajjad Taj, President, League of California Cities and Council Member, Artesia
12:30-1:30 p.m.
Networking Luncheon
Grand Ballroom
1:45-3:15 p.m.
Developing an Effective City Council and City Manager Team: The Key to Good
Governance and City Success
Grand Ballroom
Successful communities require highly effective governance and management, key to
which is a positive city council/city manager working relationship guided by good, open
communication. This session will help you to better appreciate the roles that the city council
governing body, individual council members, and the city manager fulfill in a successful
working relationship based on effective communication and sound governance practices.
Introductory Remarks: Lisa Middleton, Second Vice President, League of California Cities and Council
Member, Palm Springs
Moderator: Pat Martel, West Coast Regional Director, ICMA
Speakers: Denise Davis, Council Member, Redlands
Charles Duggan, City Manager, Redlands
League of California Cities 2023 New Mayors and Council Members Academy
3:30-5:00 p.m
WEDNESDAY, FEB. 1
Your Legal Powers and Obligations; Open Government and Conflicts of Interest
Grand Ballroom
You were elected to make things happen in your city. Learn the breadth and limitations of
your powers as a city official. Then, acquire a basic understanding of the legal authorities
and restrictions under which cities and city officials operate, with a focus on open
government laws, such as the Brown Act and the Public Records Act, and laws pertaining to
conflicts of interest.
Moderator and Speaker: Corrie Manning, General Counsel, League of California Cities
Speaker. Thomas Brown, Of Counsel, Burke, Williams & Sorensen, LLP
League of California Cities Executive Committee
President, Ali Sajjad Taj
Council Member, Artesia
First Vice President, Daniel Parra
Mayor, Fowler
Second Vice President, Lisa Middleton
Council Member, Palm Springs
Immediate Past President, Cindy Silva
Mayor, Walnut Creek
Executive Director and CEO, Carolyn Coleman
League of California Cities
2022 - 2023 Mayors and Council Members
Department Officers
President, Susannah Meyer
Vice Mayor, Brentwood
First Vice President, Melissa Hunt
Council Member, Anderson
Department Director, Lori Ogorchock
Council Member, Antioch
Immediate Past President, John Minto
Mayor, Santee
League of California Cities 2 2023 New Mayors and Council Members Academy
THURSDAY, FEB. 2
7:00a.m.-5:30p.m. I Registration Open
Grand Hall
7:30-9:00a.m.
Networking Breakfast
Studio Suites
7:45-9:45a.m.
Understanding Public Service Ethics Laws and Principles (AB 1234)
Check -in begins at
Grand Ballroom
T15a.m.
Sign -in will begin 30 minutes prior to the session and you must be present for the full two hours to receive
the certification of attendance. Entry will be prohibited once the session begins.
State law requires elected and appointed officials to receive two hours of training in
specified ethics laws and principles every two years. Newly elected and appointed officials
must receive this training within one year of becoming a public servant. Join a panel of
experts as they help navigate the ethics laws and principles.
The Institute for Local Government is a State Bar of California minimum continuing legal education (MCLE)
approved provider and certifies this activity meets the standards for MCLE credit by the State Bar of
California in the total amount of 2 hours (general credits). Provider # 13881
Speakers: Lauren Langer, Partner, Best Best & Krieger, LLP
Megan Garbaldi, Partner, Best Best & Krieger, LLP
IO:0o-11:00a.m.
Policy Role in Land Use Planning
Grand Ballroom
Land use planning is one of the most important parts of a city official's responsibilities due to
the long-term impacts it can have on a community's environment, economic vitality, and
the physical health of its residents. Learn about tools and processes in land use planning,
such as the general plan, zoning, and the California Environmental Quality Act, as well as the
role of regional agencies and the state. This knowledge will help you foster a solid working
relationship with your city's planning commission and planning staff.
Moderator. John Minto, Immediate Past President, Mayors and Council Members Department and
Mayor, Santee
Speakers: Eric Nelson, Planning Commissioner, Dana Point
Mark Teague, Managing Principal, Place Works
11:15a.m.-12:30p.m.
Effective Advocacy and Key City Issues
Grand Ballroom
Meet the League of California Cities' legislative team and learn about the 2023 Cal Cities
Action Agenda, legislative calendar, and trending issues in the Legislature. The Cal Cities
team will also share ideas for establishing practical skills to develop persuasive arguments
and testimony that will serve your city's interests.
Moderator. Melanie Perron, Deputy Executive Director, Advocacy and Public Affairs, League of
California Cities
Speakers: Bismarck Obando, Director of Public Affairs, League of California Cities
Jason Rhine, Assistant Director, Legislative Affairs, League of California Cities
Elisa Arcidiacono, Legislative Representative, League of California Cities
Caroline Cirrincione, Legislative Representative, League of California Cities
Damon Conklin, Legislative Representative, League of California Cities
Johnnie Pina, Legislative Representative, League of California Cities
Nicolas Roma, Legislative Representative, League of California Cities
Jessica Sankus, Senior Policy and Legislative Analyst, League of California Cities
12:30-1:30p.m.
Networking Lunch
Grand Ballroom
League of California Cities 3 2023 New Mayors and Council Members Academy
1:45-3:15 p.m
3:30-5:00 p.m
5:15-6:15 p.m
THURSDAY, FEB. 2
An Irregular Meeting of the City Council of Dysfunction Junction: The Do's and
Don'ts of Conducting a Public Meeting
Grand Ballroom
Enjoy a popular depiction of a city council meeting gone awry and learn from its mistakes.
Facilitators: Christi Hogin, Of Counsel, Best Best & Krieger, LLP
Michael Jenkins, Of Counsel, Best Best & Krieger, LLP
Social Media/Digital Communications and Civic Engagement
Grand Ballroom
With constant advancements in social media over the last several years, it can be hard to
keep up with the "do's and don'ts" of every platform. Moreover, as misinformation increases,
elected officials need to be quick on their feet and have the necessary skills to proactively
manage public perceptions about local governmental affairs. Discover what cities should be
doing to communicate with their constituents in the 21 st century, and the rules that elected
officials must follow.
Moderator: John Minto, Immediate Past President, Mayors and Council Members Department and
Mayor, Santee
Speakers: Brandon Castillo, Partner, Bicker, Castillo & Fairbanks
N. Richard Shreiba, Attorney, Burke, Williams & Sorensen, LLP
Legislative Reception P/anned with CAL CITIES PARTNER
Starview Room, 21 st floor
Take this opportunity to network with your peers after a full day of educational sessions.
Assembly Members and Senators from throughout the state are invited to attend.
Please take a moment to
share your thoughts on the
academy by scanning this
QR code.
League of California Cities 4 2023 New Mayors and Council Members Academy
FRIDAY, FEB. 3
7:30-11:00a.m. I Registration Open
Grand Hall
7:30-8:30a.m. Networking Breakfast
Grand Ballroom
8:30-11:45 a.m. Financial Responsibilities, City Revenues Workshop
(Break 10:0o-10:i5a.m.) Grand Ballroom
Learn about your responsibilities as an elected official when exercising fiduciary
accountability and transparency in open government. In this enlightening conversation,
discuss the local government financial cycle, elected official financial oversight duties, and
state and local funding relationships, and the four stages of fiscal meltdown. Plus, learn
how to be a better leader by discovering how to avoid micromanagement and manage
complacency. The importance of structurally balanced budget tips for setting city council
goals and the need for financial policies will be stressed during this session.
Speakers: Michael Coleman, Fiscal Policy Advisor, CaliforniaCityFinance.com
Christina Turner, City Manager, Morgan Hill
11:45 a.m.-noon Closing Remarks
Grand Ballroom
Speaker. Lori Ogorchock, Department Director, Mayors and Council Members Department and Council
Member, Antioch
Save The Dates:
2023 CITY LEADERS SUMMIT
APRIL 12-14 1 SAFE CREDIT UNION CONVENTION CENTER, SACRAMENTO
2023 ANNUAL CONFERENCE AND EXPO
SEPT. 20-22 1 SAFE CREDIT UNION CONVENTION CENTER, SACRAMENTO
2024 NEW MAYORS AND COUNCIL MEMBERS ACADEMY
JAN. 24-26 1 MONTEREY MARRIOTT
League of California Cities 5 2023 New Mayors and Council Members Academy
FLOOR PLAN
GREAT HALL
League of California Cities 6 2023 New Mayors and Council Members Academy
LEAGUE OF
CALIFORNIA
CITIES
1400 K Street, Suite 400, Sacramento, CA 95814
www.calcities.org
Item No. 16
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Director of Community Development
DATE: February 28, 2023
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 January 2023.
CURRENT PLANNING ACTIVITIES
Planning processed twenty-nine (29) new applications and conducted one (1) Public Hearings in January
2023. A detailed account of planning activities is attached to this report.
Planning Statistics
January
2023
Conditional Use Permit
3
Development Plan
1
Maps
1
Massage Permits
3
Nlodifications
7
Pre-App
Temporary Use Permit
6
-Vendor Ii
Zonrn2 or Planning Letter
4
TOW
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)
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 (SEIR) was held on March 23, 2022, at the Ronald H. Roberts
Temecula Public Library. The public review period for the SEIR has ended. The consultant has begun work
on the Final SEIR. (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 First Street and Second Street. The project was presented to the Old
Town Steering Subcommittee on July 26, 2022 and September 27, 2022 and the Old Town Temecula
Planning Commission on October 19, 2022. (COOPER)
Seraphina Tentative Tract Map No. 38267 (PA22-0830): The City is processing a Tentative Tract Map
(TTM 38267) for the creation of 39 single family lots and two (2) open space lots on 12.77 acres located on
the southwest corner of Joseph Road and Rita Way (APN: 957-080-027). (COOPER)
Boutique Luxury Hotel (PAs 22-0929, 0930, 0931): The City is processing a Development Plan for an
approximately 54,699 square foot, four-story, 45 room hotel that includes retail spaces, a gym, meeting
space, and a rooftop restaurant and pool area. The project is located on the west side of Old Town Front
Street approximately 400' south of Santiago Road adjacent to the U-Haul dealership. The application
package also includes requests for a Minor Exception for the height of the building to accommodate
architectural tower elements and a Variance to allow for parking within the setback due to the narrow width
of the project site. (COOPER)
Parker Medical Center II (PA22-0987): The City is processing a Development Plan for an approximately
35,601 square -foot, three story, medical office building located on the west side of Avenida De Missiones
approximately 425 feet south of Temecula Parkway. (COOPER)
Rally's (PA22-1012): The City is processing a Modification to a previously approved Development Plan
(PA15-1572) for an approximately 998 square foot drive thru restaurant located on the southwest corner of
Temecula Parkway and Mahlon Vail Road. (COOPER)
Apollo Storage (PA22-0999): The City is processing a Development Plan for an approximately 113,295
square foot, four story, self -storage facility located on the east side of Madison Ave. approximately 110 feet
south of McCabe Court within the Uptown Temecula Specific Plan. The Notice of Intent to approve this
project has been circulated for public review until February 22, 2023 (COOPER)
MS Mtn View Phase VI (PAs 22-1034, 1035): The City is processing Development Plans for two (2)
proposed industrial buildings approximately 17,100 square feet and 20,825 square feet in size located at
27550 and 27562 Via Industria. The projects have been scheduled for Planning Commission on February
1, 2023. (COOPER)
Rally's Burgers (PA22-1012): The City is processing a Modification to a previously approved
Development Plan (PA15-1572) for an approximately 998 square foot drive thru restaurant located on the
southwest corner of Temecula Parkway and Mahlon Vail Road. (COOPER)
Paradise Chevrolet (PAs 22-1124, 1125): The City is processing a Development Plan and Conditional
Use Permit for an approximately 47,727 square foot, two story structure that includes rooftop parking for a
commercial and fleet truck dealership that includes maintenance and repair services for Paradise Chevrolet.
The project is located on an undeveloped site at 42105 DLR Drive. (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 the California Environmental Quality Act (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 to 24-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. The last
BRC meeting was held on July 21, 2022. The Preliminary Draft document was presented to all of the
Commissions in October and November. The Final Draft QLMP was approved by the City Council on
November 15, 2022. The QLMP will serve as the foundation for the General plan update. The final
document is available online and a large order of hard copies will be distributed in February. (PETERS)
QLMP Website for Measuring Progress (Dashboard): As part of the Quality of Life Master Plan Update,
Planning staff is working with a consultant, MIG, and the IT Department to develop a webpage for the
QLMP. The intent of the webpage is to provide a "dashboard" to display the city's progress toward achieving
the goals and policies identified in the QLMP. The webpage will be found on the city's main website
(TemeculaCa.gov) and will incorporate links and useful indicators intended for user-friendly navigation.
MIG is currently creating a mock-up using CivicPlus, the city's website platform, to present to city staff.
(GARCIA)
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 & Safety, 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. Staff is currently reviewing the construction
drawings. Plans will be going back into review to update the plans to account for the 2022 Building Code.
The Community Development Department will be holding a public workshop for the new Permit Ready
ADU Program on February 22"d from 9:00 a.m. — 11:30 a.m. in the City of Temecula Conference Center
(41000 Main Street). The purpose of the workshop is to showcase the streamlined process and the various
plan options available for architects, contractors, real estate agents, and homeowners. (RABIDOU)
Uptown Temecula Specific Plan Amendment (LR19-1458): An amendment to the Uptown Specific Plan
to implement the following changes: modify graphics to reflect consistency with text regarding allowable
frontage types, amend street cross sections (graphics), amend plant pallet and Silva cell requirements for
street trees, implement a street naming convention, amend streetlight spacing and other typographical errors.
Staff has reached out to Spurlock Consulting for assistance in updating the Sidewalk and Streetscape
Standards and is awaiting a scope of work and timeline. Public Works is drafting new street sections for the
Specific Plan. Spurlock Consulting has provided a scope of work for the proposed changes to the streetscape
and sidewalk standards and staff is working on a services agreement. (COLLINS)
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 the California Environmental Quality Act 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)
Old Town Parklets (LR22-1112): The previous Old Town Outdoor Dining Program was a project intended
to make the Temporary Expanded Dining/Retail Program (TED) permanent that was sparked by the COVID-
19 pandemic restrictions. However, due to the potential barriers that came to light such as loss of parking,
ADA requirements, outside agency fees and more, the decision was made by City Council and staff to end
the outdoor dining program when the license agreements expired on July 1, 2022. With that, other outdoor
dining amenities were explored for Old Town which led to the Old Town Parklet Project. Parklets are the
conversion of parking spaces on urban streets into a small public `park' or enclosed seating area. The intent
of the Parklet Project is to provide an additional amenity to the community and promote an increase in
pedestrian activity and convenience. Staff is working with a consultant, P1aceWorks, to design and
implement the Old Town Parklets. Locations and design themes will be determined throughout the process.
P1aceWorks is currently working on a scope to amend the current contract that was previously executed for
the Old Town Outdoor Dining Program. This will also include a reduction in the agreement amount and
term extension. The project kick-off meeting with city staff is anticipated to be scheduled in February 2023.
(GARCIA)
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. Staff took the draft to Community Development Brainstorming Meeting on May
4, 2022, for review. Revisions necessary. Staff has shelved the Ordinance for the time being in an effort to
have a smaller test of food truck operations within the City by allowing food trucks to operate at alcoholic
beverage manufacturer (Breweries, wineries, etc.) exclusively serving their customers entirely on private
property and under the requirements of Riverside County Ord. No. 580. These changes are a part of the
annual Title 17 update which is scheduled for City Council on February 28, 2023. (COLLINS)
Shopping Cart Ordinance (LR21-0909): An ordinance to modify Title 9 Public Peace, Morals and Welfare
of the Temecula Municipal Code to regulate shopping carts. Shopping carts continue to be left throughout
the City, costing taxpayers and businesses money to retrieve, repair or replace these carts. The ordinance
proposes mandatory physical measures for all retailers with shopping carts, exemptions provided for,
exemptions are invalid for retailers whose carts are found more than 3 times in a 12-month period. Staff
presented the draft ordinance to the City Council Public Safety Subcommittee on January 18, 2022 (Rahn,
Edwards), direction to staff was to conduct more outreach to businesses, chamber of commerce as well as
to present the ordinance to the Planning Commission Commercial Center Subcommittee. Staff hand
delivered 82 letters to all businesses within the City, presented the draft ordinance to the Temecula Valley
Chamber of Commerce on January 11, 2022, and presented to Planning Commission Commercial Center
Subcommittee on February 16, 2022 (Turley-Trejo, Watts). Commissioners were supportive of the
ordinance, recommended the framing be as a responsibility and not assign blame. Staff was requested to
present again to the Subcommittee's to show outreach efforts and report feedback. The Shopping Cart
Ordinance was passed, staff again hand delivered an outreach packet to all businesses who provide shopping
carts which contained the Ordinance itself and a letter explaining the requirements of the Ordinance, time
frame, etc. and contact information for any questions or concerns. The requirements to implement the
specified theft prevention measures of the Ordinance are not required until September 2023. (COLLINS)
Temecula Creek Wildfire Risk Reduction Community Plan (LR21-1331): Temecula applied for and
was awarded a $300,000 grant to develop Temecula's first Community Wildfire Protection Plan (CWPP).
The grant has a $78,000 match (staff time), the remainder is to onboard a consultant to draft the plan. RFP
has closed and SWCA Environmental was selected as the winning candidate. The contract was approved at
the January 1 Oth City Council Meeting and a kickoff is scheduled for February 6th in the conference center.
(COLLINS)
Municipal Code Update (LR22-0182): An update to the Temecula Municipal Code Title 5 and 17. Updates
to Title 5 are limited to clarification for exemptions to the requirements of Chapter 5.22 Massage
Establishments specific to chair massage and specifies limits to existing exemptions. Updates to Title 17
include changes to the separate conveyance of Accessory Dwelling Units IAW AB 345. Additionally,
ADU's would require all equipment (including window AC units) to be screened from the R-O-W and
update the definition of guest house and secondary dwelling unit. Update PDO-4 & PDO-10 to require
restaurants that provide live entertainment comply with Chapter 9.10 Live entertainment License. Item was
recommended for approval by the planning commission on November 9, 2022. Staff has scheduled a meeting
with the General Plan Update Subcommittee and the City Council on February 24, 2023. The item is
scheduled for City Council on February 28th. (COLLINS)
WRCOG REAP Agreement (LR22-0664): An agreement between WRCOG and the City to provide
consultation services to provide analysis of required municipal code updates as they relate to the new slate
of housing laws, such as SB-9, ADU Laws, etc. Additionally, would evaluate changes to the municipal code
required after the adoption of the 6th Cycle Housing Element. The cost is included as a benefit to member
agencies of WRCOG. WSP is the consultant selected by WRCOG to assist the city review its Municipal
Code in relation to the new housing bills passed. Staff has bi-weekly meetings with the consultant to address
the changes and will discuss proposed changes at a future date in consultation with the City Attorney's
Office. Staff has received the draft analysis and will be reaching out for policy direction. (COLLINS)
Old Town Parking Management White Paper (LR22-0857): The project will allow for the creation of a
white paper discussing various technology solutions designed to track and report on parking in Old Town in
real time. The project encompasses the entire Old Town Specific Plan area. Staff has retained Fehr & Peers
to create the document. (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 under construction. (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. The project has received state tax credits as of June 2022. The applicant is moving
forward with the project based on this additional funding. (WATSON)
BUILDING & SAFETY
Building and Safety statistics for January 2023 are highlighted in the following table.
Building & safety Statistics January
2023
Permits 473
New Single Family Units 40
New Commercial Building 0
Photovoltaic
Tenant Improvemerrt 12
Non Construcrian C of D 34
Number of Attire Plan Checks 230
Number of New Plan Checks 102
Number of Finaled Permits 345
Inspections 3099
Inspections Per Day 154.95
Inspections Per Person Per Day 38.74
Stops Per hlonth 997
Visitors to Counter 1106
New Construction Projects Currently in Plan Check
❑ Mountain View Industrial Buildings — New Industrial Buildings (78, 0028 SF total)
❑ Vail Ranch Town Center - New Retail Building (6,100 SF total) B21-3796
❑ Vail ranch Town Center Shell Building for Dental Office use - New Shell Office Building (7,071 SF)
B22-1861
❑ Solana Winchester Hills - Eight (8) New Multi -Family Attached Homes (349 units + 1 rec Bldg)
❑ Jefferson Buecking Apartments - Six (6) New Multi -Family Apartment Buildings (260 units total, 1
leasing office w/ clubhouse building and 1 fitness center w/ mailroom building)
❑ Rendezvous II Apartments - Seven (7) New Multi -Family Apartment Buildings (134 units total)
❑ EverHome Suites - New Hotel (65,567 SF, 4 story hotel) B22-4482
❑ Temecula Express Carwash - New Carwash Building (6,240 SF w/ tunnel) B22-6461
Non -Construction Certificate of Occupancy
❑ Faith Auto Glass (3,696 SF)
❑ Temecula Valley Korean Presbyterian Church (11,440 SF)
Tenant Improvement
❑ Parts Authority (9,103 SF)
❑ Pure BarreRestaurant (1,322 SF)
CODE ENFORCEMENT
During the month January, Code Enforcement responded to 107 web inquiries. In addition, the division
opened 99 code cases, conducted 213 regular inspections, and forwarded 14 referrals.
Code Enforcement Statistics I ranuary I
_abandoned or Inoperable Vehicle
6
Vacant Home/ Prop. Maintenance . Infestation/
0
Business or Home Occupation w. o license. CLIP
3
Trash and Debris ;Dumping
14
Overgrown V egetation . Weeds. Fire Hazard
3
Green Pool / Vector Cowl f Stagnant Dater
1
Graffiti
14
Noise- Nuisance,'Animal Control
16
Trailer: RV Stored. Boat. Parkinsz
11
Con_stuctian wio Permit.Building Code
S
Encroach Public ROW. Trash Cans
9
Oning;Signs
1
4
Public Safety & Health
T W Number of Cases;
99
Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor
foreclosures, defaults and real estate owned properties.
Forecle.%ve Statistics I January 2023
3iden ial - Default 35
ndenotial - Foreclosure
Eiden ial - REO 12
a] - Residential
Commercial - Default
Commercial - Foreclosure 1
Commercial - RED
Total - Commercial 1
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
PA23-0004 42613 Avenida Alvarado 909-290-079 Jaime Cardenas 01/03/2023
Mario Calvillo
Moshe Silagi PL Modifications Plan Review
Temecula, CA 92590
Case Title / Description: MS Mountainview Bldg 4 Parking MOD: a Modification Application to revise the
site design so that parking can be increased from 39 to 48 parking spaces for the property located at 42613
Avenida Alvarado.
PA23-0007 27401 Ynez Rd 921-260-026 Jaime Cardenas 01/04/2023 01/10/2023
Christopher
Temecula Plaza PL Zoning or Completed
Temecula, CA 92591
Davidson
Center Planning Letter
Case Title / Description: Tower Plaza ZL: a Zoning Verification letter for the properties associated with
Tower Plaza (APNs 921-260-026 and 921-270-055).
PA23-0008 30680 Rancho California Rd 921-700-016 Yannin Marquez 01/05/2023 01/31/2023
Gary Craig
PK I PALOMAR PL Temporary Approved
Temecula, CA 92591
VILLAGE Use Permit
Case Title / Description: Bob and Gary's Field Fresh Berries TUP: a Temporary Use Permit (Major) for a
strawberry stand located at the southeast corner of 30680 Rancho California Road from 02/01/2023 to
07/31/2023 from 9 a.m. to 7 p.m.
PA23-0009 27895 Diaz Rd 921-040-010 Yannin Marquez 01/06/2023
Jose Lafranco
TEMECULA PL Vendor Plan Review
Temecula, CA 92590
MASONIC License
TEMPLE ASSN
Case Title / Description: Lanfranco hotdog Vendor Cart: an Outdoor Vendor License application for a
stationary hotdog cart on the east side of the building 27895 Diaz Road to operate Monday through Friday
from 8 a.m. to 5 p.m.
PA23-0011 916-400-061 Scott Cooper 01/09/2023
Marcus
0 HOEHN PL Temporary Plan Review
Temecula, CA
Rethwisch
ENTERPRISE 5 Use Permit
TEMECULA
Case Title / Description: Solana Winchester Construction Trailer TUP: A Temporary Use Permit to allow for
a temporary construction trailer off site throughout the construction of the Solana Winchester apartment
project.
PA23-0014 964-770-011 Scott Cooper 01/09/2023
Dena Upp
escrow acct WOODSIDE 05S PL Modifications Plan Review
Temecula, CA 92591
5074 authorized
user
Case Title / Description: Sommers Bend PA 19, 20B, 21 HPR MOD: A Modification (Planning Review
Only) to a previously approved HPR's (PA22-0494, PA22-0495, PA22-0496) including the addition of a super
entry, 9'-0" tall garage doors, sliding glass doors, transom windows.
Page 1 of 5
Assigned Planner Approval
PA Number Project Address APN Apply Date Date Applicant
Company
Owner
Plan Type
Status
PA23-0016 27901 Jefferson Ave 921-050-003 Yannin Marquez 01/10/2023 Maximilian Lyons
HENDO RE
PL Temporary
Plan Review
Temecula, CA 92590
HOLDINGS
Use Permit
Case Title / Description: Hendo's Fight Night TUP: a Temporary Use Permit (Major) for Hendo's Fight Night
from 3 p.m. to 11 p.m. on 03/18/2023, 05/20/2023, 08/12/2023, 11/18/2023 located inside 27901 Jefferson
Avenue
PA23-0019 42310 Winchester Rd 909-310-070 Jaime Cardenas 01/10/2023 01/11/2023
Opti-Forms, Inc.
PL Zoning or
Completed
Temecula, CA 92590
Planning Letter
Case Title / Description: Optiforms Holdings ZL: a Zoning Verification Letter for the properties associated
with Assessor's Parcel Number 909-310-070 and 909-290-032.
PA23-0020 32300 Brunello Way 964-640-015 Scott Cooper 01/11/2023 Dena Upp
escrow acct
WOODSIDE 05S
PL Temporary
Plan Review
Temecula, CA 92591
5074 authorized
Use Permit
user
Case Title / Description: Density Core Generator TUP: A Temporary Use Permit for temporary electrical
generators for the model home complexes of Density Core until SCE can energize the development.
PA23-0021 40820 Winchester Rd , K07 910-420-030 Yannin Marquez 01/11/2023 Luning Chen Temecula Towne PL Massage Plan Review
Temecula, CA 92591 Center Assoc Permits
Case Title / Description: Pure Spa MEP: a Massage Establishment Permit (Renewal) for chair massage
only Pure Spa located at 40820 Winchester Road, Suite K07
PA23-0022 40820 Winchester Rd , 2296 910-420-030 Yannin Marquez 01/11/2023 Luning Chen Temecula Towne PL Massage Plan Review
Temecula, CA 92591 Center Assoc Permits
Case Title / Description: Pure Spa MEP: a Massage Establishment Permit (Renewal) for chair massage
only Pure Spa located at 40820 Winchester Road, Suite 2296
PA23-0023 42150Agena St 944-273-009 Jaime Cardenas 01/12/2023 Fernando Solis
Temecula, CA 92592
Case Title / Description: Solis Residential Expansion MOD: a major modification to add a porch, court yard,
550 square foot addition to the front yard of the first floor, a 192 square foot building addition to the rear yard,
a 851 square foot addition to the second story, a second -story balcony, and a new 500 square foot attached
ADU on the first floor of the existing single family home located at 42150 Agena Street.
Fernando Solis PL Modifications Plan Review
PA23-0024 32020 Temecula Pky 959-090-008 Yannin Marquez 01/12/2023 Chris Juram HD Dev PL Modifications Out
Temecula, CA 92592
Case Title / Description: Home Depot MOD: a Modification Application (Planning Review Only) for a roof
mounted solar system of 476.28 kW and 882 panels located at 32020 Temecula Parkway
Page 2 of 5
Assigned Planner Approval
PA Number Project Address APN Apply Date Date
Applicant Company
Owner
Plan Type
Status
PA23-0025 28418 Felix Valdez Ave 921-280-007 Yannin Marquez 01/12/2023
Sean Oliver
Johnathan
PL Conditional
Plan Review
Temecula, CA 92590
Brenthel
Use Permit
Case Title / Description: Auto Body of Temecula CUP: A Conditional Use Permit for an auto -body collision
repair facility located at 28418 Felix Valdez Avenue.
PA23-0026 29540 Rancho California Rd 921-320-061 Eric Jones 01/17/2023
George Ray
FAIRWAY
PL Conditional
Plan Review
Temecula, CA 92591
COLIMA CA
Use Permit
SEVEN
Case Title / Description: Better Buzz Conditional Use Permit: A Conditional Use Permit to allow a new
coffee shop to incorporate a drive-thru. The project is located at 29540 Rancho California Road.
PA23-0027 29540 Rancho California Rd 921-320-061 Eric Jones 01/17/2023
George Ray
FAIRWAY
PL Conditional
Plan Review
Temecula, CA 92591
COLIMA CA
Use Permit
SEVEN
Case Title / Description: Ono Conditional Use Permit: A Conditional Use Permit to allow a new restaurant
to incorporate a drive-thru. The project is located at 29540 Rancho California Road.
PA23-0028 28061 Jefferson Ave 921-060-009 Yannin Marquez 01/17/2023
Yuqin Gao
JEFFERSON
PL Massage
Plan Review
Temecula, CA 92590
ETC
Permits
Case Title / Description: Zen Massage MEP: a Massage Establishment Permit application (Change of
ownership) for Zen Massage located at 28061 Jefferson Avenue Suite 4
PA23-0030 29540 Rancho California Rd 921-320-061 Eric Jones 01/18/2023
Robert
FAIRWAY
PL Development
Plan Review
Temecula, CA 92591
Vermeltfoort
COLIMA CA
Plan
SEVEN
Case Title / Description: Better Buzz/Ono BBQ Development Plan: A Development Plan to allow the
construction of two commercial structures totaling approximately 4,414 square feet. Structures will be used for
a restaurant and coffee shop. The project is located at 29540 Rancho California Road.
PA23-0031 43040 Margarita Rd 955-150-027 Jaime Cardenas 01/18/2023 Tonian Morgan River Springs PL Zoning or Plan Review
Temecula, CA 92592 Charter School Planning Letter
Case Title / Description: Springs Charter School ZL: a Zoning Verifucation letter for Springs Charter School
located at 43040 Margarita Road (APN 955-150-027).
PA23-0032 40640 Winchester Rd 910-420-028 Yannin Marquez 01/19/2023 Paul Maurer Paul Maurer Brookfield PL Temporary Plan Review
Temecula, CA 92591 Shows Shows Properties Use Permit
Case Title / Description: Winter Carnival/Paul Maurer Shows TUP: a Temporary Use Permit (Major) for
carnival rides, food, and games at the parking lot northwest of the mall for 02/02/2023 and 02/03/2023 from 5
p.m. to 11 p.m. and 02/04/2023 and 02/05/2023 from 12 p.m. to 11 p.m.
Page 3 of 5
Assigned Planner Approval
PA Number Project Address APN Apply Date Date
Applicant Company
Owner Plan Type Status
PA23-0033 Yannin Marquez 01/19/2023
Rachel Rachel
PL Vendor Plan Review
Poveromo Poveromo
License
Case Title / Description: Rachel Poveromo Vendor License: a Vendor License for a roaming vendor to sell
flowers and LED accessories to the public
PA23-0034 921-280-002 Yannin Marquez 01/20/2023
Devin Lagorio
SPX Investment PLTemporary Plan Review
Temecula, CA
Use Permit
Case Title / Description: SoCal Gas storage TUP: a Temporary Use Permit (Major) for the temporary
fencing and storage of construction equipment and materials on vacant parcel 921-280-002 from 02/13/2023
through 05/16/2023 from 7 a.m. to 5:30 p.m.
PA23-0035 40355 Winchester Rd 920-080-003 Jaime Cardenas 01/23/2023
Ray Quintero
TEMECULA PL Modifications Plan Review
Temecula, CA 92591
MARKETPLACE
Case Title / Description: Biolife Door MOD: A Modification Application to add anew door at the rear of the
building and new fenestration at the entrance of the future Biolife Plasma Services building located at 40355
Winchester Road, Suite B.
PA23-0036 916-400-065 Scott Cooper 01/23/2023
Joel Waymire
Lantern Crest @ PL Maps Plan Review
Temecula, CA
Temecula
Case Title / Description: Lantern Crest TPM 38166 Revision: A Revision to Tentative Parcel Map (No.
38166) for Condominium Purposes to revise internal lot lines. The project is located at the southeast corner
of Date Street and Ynez Road
PA23-0039 41200 Promenade 953-213-023 Yannin Marquez 01/27/2023
Ron Enalen
Ron Enalen PL Modifications Plan Review
Chardonnay Hills
Temecula, CA 92591
Case Title / Description: Enalen Addition Modification: A Modification application to allow an approximately
313 square foot bedroom addition. The project is located at 41200 Promenade Chardonnay Hills.
PA23-0040 29762 Rancho California Rd 921-310-022 Jaime Cardenas 01/27/2023
Trevor Blood
Moraga Plaza PL Zoning or Plan Review
Temecula, CA 92591
Planning Letter
Case Title / Description: Moraga Plaza ZL: a Zoning Verification Letter for the properties associated with
29760, 29762, 29764 Rancho California Road.
PA23-0041 40486 Winchester Rd 910-470-004 Yannin Marquez 01/30/2023
Aaron Wallen
Inland Western PL Modifications Plan Review
Temecula, CA 92591
Temecula
Commons LLC
Case Title / Description: The Commons Tesla EV Charging MOD: a Modification Application (Planning
Review Only) for the installation of sixteen charging posts on the parking stalls east of the building 40486
Winchester Road.
Page 4 of 5
Assigned Planner Approval
PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status
PREAPP23-0 27600 Jefferson Ave 910-310-003 Jaime Cardenas 01/09/2023 Marcus Paris Prime Steaks & PL Plan Review
012 Temecula, CA 92590 Spirits Pre -Application
Case Title / Description: Camping World RV Parking Lot Preapp: a pre -application for a proposed
demolition of an existing building to accommodate a new parking lot for RV sales at the 27600 Jefferson
Avenue (APN 910-310-003, 910-310-005).
PREAPP23-0 921-030-044 01/18/2023 Thomas Kim Greenlaw PL Plan Review
029 Temecula, CA Temecula Pre -Application
Investor
Case Title / Description: Diaz Re Holdings LLC. Pre -Application: A Pre -Application to review a proposed
outdoor storage area. The project is located at 27635 Diaz Road.
Page 5 of 5
Item No. 17
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: John Crater, Division Chief
DATE: February 28, 2023
SUBJECT: Fire Department Monthly Report
PREPARED BY:
RECOMMENDATION:
Report.
Wendy Miller, Management Analyst
That the City Council receive and file the Fire Department Monthly
Incident Type
Commercial Fire
False Alarms
Haz Mat
Medical
Multi -Faro
Other Fire
Other Misc
Public Assist
Residential Fire
Rescue
Ringing Alarm
Standby
Traffic Collision
Wildland/Vehicle Fire
City of Temecula Fire Department
Temecula Fire Department Service Calls
Battalion 15
January 2023
0
105
0
586
0
4
9
37
3
3
2
11
66
2
Total 828
r-1
City of Temecula Fire Department
Temecula Fire Department
Plan Review and Inspections
January 2023
�116 0481959/y i1
10
Plan Review and Inspections
Plan Review
Construction Inspections
Annual Inspections
Counter/Public Inquiries
January Year to Date
529 529
395 395
359 359
27
27
Item No. 18
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: February 28, 2023
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
February 28, 2023
CAPITAL IMPROVEMENT PROJECTS
CIRCULATION PROJECTS
Cherry Street Extension & Murrieta Creek Crossing, PW19-15
Description: Preliminary design of the Extension of Cherry Street from Adams Avenue to Diaz Road, including a new
crossing of Murrieta Creek.
Cost: $37,248,262
Status: The City received 30% plans for a low flow crossing. Environmental agencies have stated that a low -flow
crossing is a non -starter. Design consultant is preparing a bridge planning study, to be completed in
Summer 2023.
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: $14,255,991
Status: Phase 1 design, Phase 1 & 2 environmental studies, and Phase 1 permitting November 2019 — January
2023. The Initial Study has been approved, Mitigated Negative Declaration adopted, and Notice of
Determination filed in May 2022. Design is 90% complete. Regulatory permit applications have been
submitted for USACE 404 Nationwide Permit and CDFW Streambed Alteration 1602. Current activities
include consultant review of 90% plan check comments, design coordination with utility purveyors (SCE,
RCWD, and EMWD) and City project PW16-05 Murrieta Creek Bridge at Overland Drive, Riverside County
Flood Control review of 90% design plans and Encroachment Permit application, and preparation of
regulatory permit applications for SWRCB 401 Water Quality Certification and USACE Section 408.
Construction previously anticipated to start in Spring of 2023 is now delayed to Spring/Summer of 2024 due
to EMWD sewer line project on Diaz Rd starting construction in Q1/Q2 of 2023.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
February 28, 2023
CIRCULATION PROJECTS (Continued)
French Valley Parkway/Interstate 15 Improvements- Phase 11, 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: $138,736,346
Status: On January 10, 2023, the City Council awarded the construction contract to Flatiron West Inc. in the amount
of $71,521,192. to . Recommendation for City Council to award the construction management agreement
is targeted for March 14, 2023. Estimated beginning of construction is April 2023 with a duration of
approximately 24 months.
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: $8,971,710
Status: Design and environmental studies November 2019 — March 2022. Current activities include Caltrans review
of the Permit Engineering Evaluation Report and revalidation of the CEQA Categorical Exemption. The
City is revising the 100% Plans, Specifications, and Estimate per latest 2022 Caltrans Standard Plans and
Specifications. Target for beginning of construction is Summer 2023.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
February 28, 2023
CIRCULATION PROJECTS (Continued)
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: $26,073,374
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 65% complete. RCA
JPR Conformance is approved. Biological monitoring in Temecula Creek for potential mitigation site is
complete as of July 2021. Project has received MSHCP conformance. Staff continues to work with Caltrans
to advance HBP Grant Funds to earlier fiscal years. Caltrans HBP Program management had proposed
reducing the curb -to -curb width of the bridge that is considered "participating" for grant funding purposes.
Staff has been able to address this issue with Caltrans and the majority of the bridge width will remain as a
participating cost. 2022 HBP Bridge Update was submitted in August. NEPA approval is anticipated in
March of 2023, Caltrans review time has been longer than anticipated. Construction start is anticipated
mid to late 2025 depending on availability of HBP funds.
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: $2,894,420
Status: 60% plan check submittal package was returned to design consultant for corrections in mid -September.
90% plan check submittal package is anticipated to be submitted in March 2023.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
February 28, 2023
CIRCULATION PROJECTS (Continued)
Pavement Rehabilitation Program — Ynez Rd, Solana Way, Nicolas Rd and Winchester Rd,
PW 21-10
Description: Pavement rehabilitation project on Ynez Road, Solana Way, Nicolas Road and Winchester Road.
Pavement rehabilitation includes full width and/or edge grinding of existing asphalt, localized dig outs,
preparation of grade, and placement of rubberized asphalt concrete pavement. Work also includes
reconstruction of ADA curb ramps, removal and replacement of curb and gutter, adjustment of existing
utilities to grade, installation and removal of temporary video detection and restoration of existing striping,
and detector loops.
Cost: $3,629,219
Status: Construction contract was awarded by City Council on October 11, 2022. Construction started on October
17, 2023. Construction is on -hold until night-time temperatures rise. Anticipated completion of project is
end of May 2023.
Pavement Rehabilitation Program- Meadowview/ Paloma Del Sol, PW21-06
Description: Rehabilitation of roads in interior streets in the Meadowview tract, and Paloma Del Sol tract Amarita Way,
Montelegro Way, and Santiago Rd.
Cost: $4,732,266.70
Status: In construction. Paloma Del Sol access ramp replacements complete. Leveling asphalt paving in the
Meadowview and Paloma Del Sol is complete. Next phases of work include ARAM (asphalt rubber
aggregate membrane) and final slurry coat. These phases of work have been delayed since December
due to weather. ARAM and slurry in Paloma Del Sol is anticipated to be completed mid -February. The
Meadowview segment of the project is anticipated to be completed by end of March 2023 depending on
weather.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
February 28, 2023
INFRASTRUCTURE PROJECTS
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: $448,045.00
Status: In construction, all conduits have been installed. all foundations have been poured. The traffic signal
service pedestal location is awaiting inspection to pour slab and install cabinet. Traffic signal poles have
been ordered and anticipated to be delivered on 3/23/23. Construction completion is anticipated in April
2023.
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: The traffic signal and the new access road to the Park and Ride are fully operational. Access to Park and
Ride from Vallejo Ave. has been closed and a permanent block wall will be constructed. Construction
completion is anticipated in March of 2023.
Traffic Signal- System Upgrade (Protective/Permissive Signal Heads), PW 19-09
Description: This project will modify traffic signals at three (3) locations in the City to provide protected/permissive signal
operations. The three (3) intersections include Margarita Road/Verdes Lane, Redhawk Parkway/Paseo
Parallon-Overland Trail, and Winchester Road/Enterprise Circle.
Cost: $481,900
Status: Project plans and specifications will be sent to Caltrans for Construction Authorization in the next month.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
February 28, 2023
INFRASTRUCTURE PROJECTS (Continued)
Bike and Trail Program — Great Oak Trail Lighting, PW21-16
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, PW19-16
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: GIS database in process of being updated. Project completion anticipated for Spring 2023.
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: $10,708,232
Status: Construction contract for Phase 1 was awarded at the 9/27/2022 City Council meeting. Construction started
11/21/2022 and is expected to be completed mid -April 2023.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
February 28, 2023
INFRASTRUCTURE PROJECTS (Continued)
Fiber Optic Communication System Upgrade, PW 18-05
Description: This project will install fiber optic communication system upgrades including conduit, cable, CCTV cameras,
traffic signal controllers, and related communication equipment to improve safety and operations with
optimized traffic signal timing coordination. Various signalized intersections will be improved along the
Winchester Road, Rancho California Road, and Temecula Parkway corridors.
Cost: $1,208,200
Status: All communication infrastructure and traffic signal cabinet equipment has been installed. Project is in fiber
optic communication testing stage.
Fiber Optic Communications Systems- Citywide, PW 22-03
Description: This project will develop a communications masterplan that will provide a strategic plan outlining the
approach and buildout design of fiber optic cable and conduit throughout the City. The masterplan
document will provide a roadmap to connect all existing and future traffic signals, traffic monitoring devices,
surveillance cameras, and City facilities to City -owned fiber communication lines. The ultimate project goal
is to enhance the City's existing fiber optic communication system to ensure it can handle the future needs
of the City.
Cost: $120,150
Status: The project has just commenced, and the consultant is working on an existing systems assessment.
Fire Station 84 Renovation, PW19-14
Description: This project includes the design, construction, and renovation to Fire Station 84. The renovations include,
adding a Wellness Room, expanding the Storage Room, and upgrading the Training Room. Also, the
upgrades include, electrical, windows, flooring, paint, tile, HVAC, cabinets, plumbing fixtures, garage bay
doors and any necessary improvements needed to conform to ADA accessibility access.
Cost: $1,641,028
Status: Advertisement for construction bids was cancelled. Contract documents are under revision and anticipated
to be re -submitted on 2/08/23, Project will be re -advertised in Winter of 2023.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
February 28, 2023
INFRASTRUCTURE PROJECTS (Continued)
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: $3,558,483
Status: Design and environmental studies August 2019 — October 2022. Current activities include environmental
revalidation and design of new power and irrigation water service. Estimated construction in Summer 2023.
Margarita Recreation Center, PW17-21
Description: Demolition and Reconstruction of New Margarita Recreation Center Building and Pool
Cost: $12,601,508
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. Major demolition activities commenced mid -March. City
Groundbreaking occurred on March 31, 2022. Building footings have been poured. Foundation was
completed mid -August and framing is also complete. Pool excavation, placement of steel reinforcement,
and concrete for the pool base is complete. Roofing is near complete. Contractor is currently installing
utilities in the wall. Due to unforeseen supply issues with major components of the main building electrical
system the scheduled grand opening has been pushed back from July to mid -September 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: $1,262,025
Status: City Council awarded the construction contract at the 02/14/2023 meeting.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
February 28, 2023
INFRASTRUCTURE PROJECTS (Continued)
Mary Phillips Senior Center Outdoor Recreational Area, PW22-08
Description: The project includes the design and construction of a shuffleboard court area adjacent to Mary Phillips
Senior Center. In addition, the HVAC units will be replaced.
Cost: $650,000
Status: Project in design and estimated to be constructed in May 2023.
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: $7,173,595
Status: Grand Opening held on October 1, 2022. Construction is complete. Punchlist and project closeout are
only items remaining.
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 June 2023.
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: ADA Access Ramps have been revised and currently being reviewed. The project is being scheduled to be
advertised for construction bids in the Winter of 2023.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
February 28, 2023
INFRASTRUCTURE PROJECTS (Continued)
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 at 95% design stage. Southern California Edison is designing the street light relocation plan.
Design is anticipated to be completed by end of June 2023.
Traffic Signal- Promenade Mall Ring Road, PW 21-15
Description: The project includes the installation of a traffic signal on Ring Road at Promenade Mall East.
Cost: $412,206
Status: Construction contract was awarded by City Council on September 13, 2022. Equipment has been ordered
and construction completion is anticipated in April 2023.
Citywide Slurry Seal Program Fiscal Year 2021-22, PW22-02
Description: Slurry seal residential streets in Paloma Del Sol, Paseo Del Sol, and Rancho Vista Estates tracts.
Cost: $2,451,053.45
Status: Construction is complete.
Citywide Concrete Repairs Fiscal Year 2021-22, PW 22-01
Description: Various concrete repairs in the city.
Cost: $272,369.97
Status: In construction. Final striping and completion of project anticipated end of February 2023.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
February 28, 2023
PARKS AND RECREATION PROJECTS
Murrieta Creek Improvements, PW 21-13
Description: This part of the project involves installing 27 solar lights along the Murrieta Creek trail on the east side of
the creek from Rancho California Road to First Street.
Cost: $200,000
Status: Riverside County Flood Control Permit submitted as of January 4, 2023.
Community Recreation Center Splash Pad & Shade Structures, PW21-07
Description: This project provides for the conversion of the CRC's wading pool into a splash pad, and the addition of
shade structures in the area.
Cost: $1,100,000
Status: Project is at 90% design.
Dog Park Renovation, PW21-14
Description: Design and construct a dog park including a small dog pen and large dog pen at Michael "Mike" Naggar
Community Park.
Cost: $430,000
Status: Construction documents are currently being produced for this project. Construction is anticipated to start in
summer 2023.
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), Vail Ranch Park and Long Canyon
Creek Park.
Cost: $1,127,800
Status: Project is ongoing. Ronald Reagan Sports Park North/South Ball Field Restroom building is currently in the
design phase. Vail Ranch Park is in the scoping phase.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
February 28, 2023
PARKS AND RECREATION PROJECTS (Continued)
PICKLEBALL COURTS, PW21-03
Description: Design and construct new, dedicated pickleball courts at an existing City park.
Cost: $2,200,000
Status: Two conceptual designs for pickleball courts at "The Pit" in Ronald Reagan Sports Park were presented to
Parks, Recreation and Community Services Subcommittee on January 24, 2023. Subcommittee supported
moving forward with design for option one. This option includes a total of 17 courts and parking. Staff will
move forward with construction documents and finalize the cost associated with this option.
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 Pump Track Shade Structure, PW22-14
Description: Installation of shade structure adjacent to the Ronald Reagan Sports Park Pump Track and launch pad
area.
Cost: $75,000
Status: Purchase and install agreement has been drafted and is undergoing internal review before being sent to
contractor. Installation of shade structure is anticipated to start in June 2023.
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 is complete. The Notice of Completion was accepted by City Council on February 14, 2023.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
February 28, 2023
PARKS AND RECREATION PROJECTS (Continued)
Ronald Reagan Sports Park Hockey Rink Improvements, PW22-06
Description: This project will include the renovation of the existing hockey rink to install new flooring material and arena
style roof structure and also address ADA noncompliance.
Cost: $1,200,000
Status: A nine question survey was recently conducted. Results will be analyzed and presented to the public at the
upcoming community outreach meeting happening late February.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
February 28, 2023
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. Wet utility tie-in construction has commenced.
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.
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. Precise grading is approved and in progress. Street Improvements in progress.
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.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
February 28, 2023
LAND DEVELOPMENT OVERSIGHT PROJECTS (Continued)
Longhorn Steakhouse
Description: 5,708 square foot restaurant with outdoor patio located at 29363 Rancho California Road
Status: Precise grading permit is approved. Construction is ongoing
Mountain View
Description: Thirteen industrial buildings on Avenida Alvarado
Status: Thirteen 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 are near approval.
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. The Sommers Bend recreation center construction is
complete. 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.
SUPPLEMENTAL
EMERGENCY AGENDA ITEM -
EMERGENCY ITEM — Adopt a Resolution
Declaring an Emergency Condition and
Declaring that Public Interest and Necessity
Requires Certain Work to be Performed Without
Competitive Bidding Pursuant to Public
Contract Code Sections 20168 And 22050
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk
DATE: February 28, 2023
SUBJECT: Adopt a Resolution Declaring an Emergency Condition and Declaring that Public
Interest and Necessity Requires Certain Work to be Performed Without
Competitive Bidding Pursuant to Public Contract Code Sections 20168 And 22050
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, DECLARING AN EMERGENCY
CONDITION AND DECLARING THAT THE PUBLIC
INTEREST AND NECESSITY REQUIRES CERTAIN WORK
TO BE PERFORMED WITHOUT COMPETITIVE BIDDING
PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 20168
AND 22050
BACKGROUND: The City of Temecula has identified two locations where storm
drains were damaged and/or collapsed and need immediate repair as a result of the excessive rain
event over the weekend of February 25 and 26, 2023. The storm drains are located at 29600
Margarita Road (Margarita Road and Courtney Place) and Santiago Road (near Santiago Road and
Via Valencia). The repairs are necessary immediately to avoid additional damage to the storm
drains and road and restore use of the road for the travelling public (one lane of Margarita Road is
currently closed to the travelling public).
Due to the urgency of the matter, it is necessary for the City to enter into an agreement and
commence work immediately. The Public Works Department Director requested an informal quote
from Miko Mountain Lion Inc., to complete the necessary repairs. The City has an On -Call
Agreement with Miko Mountain Lion, Inc. for excavation, backfill and grading maintenance
services. Miko Mountain Lion, Inc has successfully worked on other storm drain projects in the
City. The Public Works Director reviewed the proposal received from Miko Mountain Lion, Inc.
and has determined the cost to be in line with industry standards. The repairs are estimated to cost
approximately $200,000 (Margarita Road approximately $50,000 and Santiago Road
approximately $150,000).
Therefore, pursuant to Public Contract Code Sections 1102, 20168, and 22050, the City Council
is requested to adopt the attached resolution which finds that an emergency exists and declares that
the public interest and necessity demand the immediate expenditure of public money for such
repair work to safeguard life, health, and property without complying with the competitive bidding
requirements of the Public Contract Code. The emergency will not permit a delay resulting from
a competitive solicitation for bids, and the action is necessary to respond to the emergency.
FISCAL IMPACT: None
ATTACHMENTS: None
RESOLUTION 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, DECLARING AN
EMERGENCY CONDITION AND DECLARING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRES
CERTAIN WORK TO BE PERFORMED WITHOUT
COMPETITIVE BIDDING PURSUANT TO PUBLIC
CONTRACT CODE SECTIONS 20168 AND 22050
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS,
DETERMINES, AND ORDERS AS FOLLOWS:
Section 1. The City of Temecula has identified two locations where storm drains were
damaged and/or collapsed and need immediate repair as a result of the excessive rain event over
the weekend of February 25 and 26, 2023. The storm drains are located at 29600 Margarita Road
(Margarita Road and Courtney Place) and Santiago Road (near Santiago Road and Via Valencia).
The repairs are necessary immediately to avoid additional damage to the storm drains and road
and restore use of the road for the travelling public (one lane of Margarita Road is currently closed
to the travelling public).
Section 2. Due to the urgency of the matter, it is necessary for the City to enter into an
agreement and commence work immediately. The Public Works Department Director requested
an informal quote from Miko Mountain Lion Inc., to complete the necessary repairs. The City has
an "On -Call" Agreement with Miko Mountain Lion, Inc. for excavation, backfill and grading
maintenance services. Miko Mountain Lion, Inc has successfully worked on other storm drain
projects in the City. The Public Works Director reviewed the proposal received from Miko
Mountain Lion, Inc. and has determined the cost to be in line with industry standards. The repairs
are estimated to cost approximately $200,000 (Margarita Road approximately $50,000 and
Santiago Road approximately $150,000).
Section 3. Pursuant to Public Contract Code Sections 1102, 20168, and 22050, the City
Council hereby finds that an emergency situation exists and declares that the public interest and
necessity demand the immediate expenditure of public money for such repair work to safeguard
life, health, and property without complying with the competitive bidding requirements of the
Public Contract Code. The emergency will not permit a delay resulting from a competitive
solicitation for bids, and the action is necessary to respond to the emergency.
Section 4. The City Council hereby acknowledges that it must approve this resolution by a
four -fifths vote of the entire City Council. Furthermore, the City Council recognizes that it may
delegate the authority to order the actions necessary to carry out the required improvements to any
non -elected officer of the City. Furthermore, the City Council recognizes that this item must be
reviewed at every regularly scheduled meeting hereafter, until the project is completed, to ensure
that the need to continue the action continues to exist. If the emergency conditions allow, the action
shall be terminated so that the remainder of the project may be completed by giving notice for bids
to let contracts.
Section 5. The City Council hereby waives competitive bidding under Public Contract
Code Section 22050 and authorizes the City Manager to execute all necessary contracts and
documents with a qualified contractor(s) or vendor(s) for the emergency storm drain repair
projects, and take any directly related and immediate action required to repair, replace or mitigate
the damaged storm drains, and procure the necessary equipment, services, and supplies for those
purposes, without giving notice for bids to let contracts, in a combined amount not to exceed an
amount of Two Hundred Thousand Dollars ($200,000). Nothing herein restricts the authority of
the City Manager to enter into contracts pursuant to his existing authority under the applicable
ordinances and municipal code of the City of Temecula.
Section 6. The City Council hereby delegates to the City Engineer the authority to approve
plans, specifications and designs for the repair or replacement of the storm drains and associated
rights of way.
Section 7. The City Council hereby ratifies and affirms the actions of the City Manager
and City employees and contractors taken so far to repair or replace portions of the storm drains
and associated rights of way, any directly related and immediate action required to mitigate the
damaged roads, and procurement of the necessary equipment, services, and supplies for those
purposes.
Section 8. The City Manager shall agendize and report on the status of the emergency
circumstances at each and every regularly scheduled meeting of this Council until either the project
is completed, or the Council finds the emergency conditions have ceased.
Section 9. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 28t" day of February, 2023.
Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 28th day of February, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
REQUESTS TO SPEAK
AND ELECTRONIC
COMMENTS SUBMITTED
FOR THE RECORD
REQUEST TO SPEAK
CITY OF TEMECULA
1489
2g
�— Date: d
Public Comment: Non -Agenda Item: ❑3`/Agenda Item. ❑ Future Agenda Item ❑
Item Description or Item No.
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
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items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council
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REQUEST TO SPEAK
.: .y CITY OF TEMECULA
NN9
Date:
Public Comment: Non -Agenda Item: Agenda Item: ❑ Future Agenda Item: ❑
Item Description or Item No. ./7v�i� �,�ti��/`�eSif� ICCe
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
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Public Comment
REQUEST TO SPEAK
CITY OF TEMECULA
Date: 2 'ZO — 2—
Non-Agenda Item: ❑ Agenda Item: ❑ Future Agenda Item: ❑
Item Description or Item No.
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
Clerk ptiiqf 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
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REQUEST TO SPEAK
CITY OF TEMECULA
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Date: �2-3
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Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
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CITY OF TEMECULA
Date: I
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From:
Sent:
Monday, February 27, 2023 5:13 PM
To:
Council Comments
Cc:
Jessica Alexander; Curtis Brown; Brenden Kalfus; Zak Schwank; James Stewart; Council
Assistant; Erika Ramirez, Randi Johl
Subject:
Public Comments ... Temecula City Council Meeting, February 28, 2023
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.
The following comment is submitted to be read at the February 28 Temecula City Council
Meeting in regards to Public Comments
Dear Temecula City Council;
This commentary regards multiple topics so let's go directly to the points.
On February 28 the Governor is scheduled to end the COVID-19 State of Emergency for
California. If the City of Temecula still has an Emergency Resolution in effect due to the
(very likely) Wuhan China originated COVID-19 virus lab -leak caused pandemic, then
now is the time to retire or vacate this emergency resolution. Our city needs a return to
normalcy and an end to this indefinite and seemingly forever state of emergency.
Just as a point -of -order, it has become very apparent that past references to this lab
created pandemic as the 'China Virus" actually have a lot of truth. The tyrannical
Chinese Communists have earned this distinction. Let them bear the burden of this truth
with no apologies on America's part.
Next, in regards to Item 12, it is imperative for the council to stand up for local control
of city zoning and to push back against the SB 9 and SB 10 power _ grab by Sacramento.
Much like a totalitarian politburo, the governor and legislature are seizing local control
and centralizing that power in Sacramento. City councils have become little more than
rubber stamps for Sacramento's edicts.
The council should also emulate cities like San Marcos, Del Mar, Rancho Santa Margarita,
and many others by supporting the Brand -Huang -Mendoza Tripartisan Land Use
Initiative. Please do not waiver to Sacramento by falling for their planned and
promoted Accessory Dwelling Units.
Sacramento's power grab is a dystopian attempt at bad urban planning that utilizes a
cookie -cutter approach to all of California's geographically and culturally diverse cities
and communities. If anything, this politburo like approach to urban planning is in reality
anti -diversity. Their scheme seeks top -down conformity of communities that are as
different as the desert is to the mountains and as different as a beach community is to
our wine country.
Lastly, in regards to Business Item 14 concerning a ballot measure to establish City
Council term limits, this should indeed move forward to the voters. Yet there also seems
to be the need to properly define what constitutes a city council term of office. If a
vacancy occurs and is filled by a council appointee to fulfill say a remaining 44 months in
office, should this 44 months count as a full term? Or should an even shorter term of
office of say two -years minus one day be considered as a partial term that qualifies the
member to three more full terms? These potential wrinkles need to be addressed.
If this has not already been considered, then the council needs to further deliberate.
Otherwise a council member (in theory) could serve a less than four year partial term
then be elected and re-elected to end up serving 14, 15 or close to 16 years in office.
Thank you for your time and attention. Godspeed to the Chinese people.
Rick Reiss
Temecula, CA
92592
P.S. I have Cc this to the City Council Members and Staff and Bcc this to various
interested parties as well as media contacts.
Sent from my Pad
References:
https://www.gov.ca.gov/2022/10/`17/governor-newsom-to-end-the-covid-19-state-of-
emer_ eq ncy/
https://archive.vn/XdEwZ
https://www.mercurynews.com/2021/05/12/temecula-counciImembers-email-called -
coronavirus-the-china-virus-she-says-shes- not- racist/
https://ourneighborhoodvoices.com/wp-content/uploads/2021/11/Our-Neighborhood-
Voices-Prospectus.pdf
https://chinafund.com/the-politburo-and-standing-committee-of-the-communist-party-
of-china
https://drive.google.com/file/d/1u- CdLOZg86KitpjHZ7c3FxCrTtYNWmX/view
https://www.sandiegoreader.com/news/2022/jan/11/stringers-del-mar-california-
housing-initiative/
2
Subject: FW: Temecula-#1393780 City Clerk [17352]
From: Temecula <reply@mvcivicapps.com>
Sent: Sunday, February 19, 2023 10:33 AM
To: Erika Ramirez <erika.ramirez@temeculaca.gov>; Randi Johl <randi.iohl@temeculaca.gov>
Subject: Temecula-#1393780 City Clerk [17352]
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.
Temecula
New Report Submitted - #1393780
Status
new
Work Order
#1393780
Issue Type
City Clerk
Notes
Women are regularly getting drugged in local Temecula bars and the owners should be looked into. I would like to submit a
public comment on this matter to the city council.
Reporter Name
Polly Steinbeck
Email
Phone
Report Submitted
FEB 19, 2023 -10:32 AM
Open Report
Please do not change subject line when responding.
1
Public Comment: Non -Agenda Item: ❑
Item Description or Item No.
REQUEST TO SPEAK
CITY OF TEMECULA
Date:
Agenda Item: Future Agenda Item: ❑
r
A r-�-
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: `) Ko�azPhone 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.
From: Jessica Christopher <
Sent: Tuesday, February 28, 2023 4:30 PM
To: Council Comments
Cc: Jessica Alexander; Curtis Brown; Brenden Kalfus; Zak Schwank; James Stewart; Council
Assistant; Erika Ramirez; Randi Johl
Subject: Public Comments Temecula City Council Meeting, February 28th 2023
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
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City council and Mayor
Item number 12
I believe it is unconstitutional for the state to tell the local government what zoning we should have. I
understand the difficulty that opposing S139 and SB10 pose to our coffers. I think the workaround that is
presented is likely the best that can be done, but I don't like
Section 15. 17.23.050 E. 2.
The parking limitations may be an excellent way to minimize the impact of these two horrible bills. In the long
run, I believe it would benefit the city to fight these bills, SB9 being the worst of the two.
And
Section 19. C. Flags.
2. A single flag of the United States of America and two of the following flags shall be
permitted per parcel or center: sections a. b. c. d.
Even though this is, I believe, geared to business, I think this is unacceptable and an attack on freedom of
speech. A company should be encouraged to fly the United States flag, and it should be above others, but to
say what other flags and how many are unacceptable.
Item number 14
Concerning a ballot measure to establish City Council term limits, I want to commend City council members
Alexander, Kalfus, and Stewart for hearing the city's people and voting for this.
I would only say that if someone is appointed to an open city council seat that it be clarified and minimized so
that they serve the least amount of time possible.
Jessica Christopher
Public Comment: Non -Agenda Item
Item Description or Item No.
REQUEST TO SPEAK
CITY OF TEMECULA
Date:
Agenda Item: El Future Agenda Item
ze Ot� 1 VY,4--? t 4Zr>-?7�-P
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. V cA
Name: IJ�"/�^'�"' LA Phone Number:
Address
Email address:
If you are representing an organization or group, please give the name: rl�L / J , /
----- V � LU Gt liVl iJ 1�t 2
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
D
REQUEST TO SPEAK
4
CITY OF TEMECULA
Date)�L
�4
Public Comment: Non -Agenda Item Agenda Item: El Future Agenda Item:
Item Description or Item No. 0 <
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: I �— � /� ��5� 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
Public Comment: Non -Agenda Item: El Agenda Item: ❑
Item Description or Item No
M
Date:
Future Agenda Item:
,e-e-1_; (_O-k ffvl
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: /) I i ^�. A Lai Phone Number:
Address
Email add
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
Public Comment:
REQUEST TO SPEAK
CITY OF TEMECULA
Date:
Non -Agenda Item: ❑ Agenda Item: ❑ Future Agenda Item:,
Item Description or Item No. r" , re Ar tuC ( r2{'Lu-.i'{je
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: 12 aw, 0 Y—\ ` l Phone Number: ! >
Address
Email adc
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.
From: Rich Handy <
Sent: Tuesday, February 28, 2023 9:45 AM
To: Council Comments
Cc: Jessica Alexander
Subject: To be read at the February 28 Temecula City Council Meeting in regards to Public
Comments
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As a payer of city taxes and worker in Temecula, I concur with the following:
The following comment is submitted to be read at the February 28 Temecula City Council
Meeting in regards to Public Comments
Dear Temecula City Council;
This commentary regards multiple topics so let's go directly to the points.
On February 28 the Governor is scheduled to end the COVID-19 State of Emergency for California. If
the City of Temecula still has an Emergency Resolution in effect due to the (very likely) Wuhan China
originated COVID-19 virus lab -leak caused pandemic, then now is the time to retire or vacate this
emergency resolution. Our city needs a return to normalcy and an end to this indefinite and seemingly
forever state of emergency.
Just as a point -of -order, it has become very apparent that past references to this lab created
pandemic as the "China Virus" actually have a lot of truth. The tyrannical Chinese Communists have
earned this distinction. Let them bear the burden of this truth with no apologies on America's part.
Next, in regards to Item 12, it is imperative for the council to stand up for local control of city zoning
and to push back against the SB 9 and SB 10 power grab by Sacramento. Much like a totalitarian
politburo, the governor and legislature are seizing local control and centralizing that power in
Sacramento. City councils have become little more than rubber stamps for Sacramento's edicts.
The council should also emulate cities like San Marcos, Del Mar, Rancho Santa Margarita, and many
others by supporting the Brand -Huang -Mendoza Tripartisan Land Use Initiative. Please do not waiver
to Sacramento by failing for their planned and promoted Accessory Dwelling Units.
Sacramento's power grab is a dystopian attempt at bad urban planning that utilizes a cookie -cutter
approach to all of California's geographically and culturally diverse cities and communities. If
anything, this politburo like approach to urban planning is in reality anti -diversity. Their scheme seeks
top -down conformity of communities that are as different as the desert is to the mountains and as
different as a beach community is to our wine country.
Lastly, in regards to Business Item 14 concerning a ballot measure to establish City Council term
limits, this should indeed move forward to the voters. Yet there also seems to be the need to properly
define what constitutes a city council term of office. If a vacancy occurs and is filled by a council
appointee to fulfill say a remaining 44 months in office, should this 44 months count as a full term? Or
should an even shorter term of office of say two -years minus one day be considered as a partial term
that qualifies the member to three more full terms? These potential wrinkles need to be addressed.
https://cityofrsm.granicus.com/MetaViewer.php?view id=2&meta id=52854
https://southbaycities.org about/governing-documents/resolutions/
https://thecoastnews.com/statewide-coalitions-initiative-seeks-to-keep-local-control-
over-housing/
https://www.hcd.ca.gov/policy-and-research/accessory-dwelling-units
https://www.pressenterprise.com/2023/02/15/temecula-city-council-term-limits-will-be-
on-2024-ballot/
From: Mark Garcie <
Sent: Tuesday, February 28, 2023 2:46 PM
To: Randi Johl
Subject: Proposal for a Subcommittee to explore a city fire department
Attachments: 3.010.23_City of Temecula Council letter.docx
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Please add my comment for tonight's meeting
Thank you
Sent from my Whone
Honorable Members of the Temecula City Council
I appreciate the opportunity to discuss the Proposal for an Ad Hoc subcommittee to discuss a stand-alone
Temecula Fire Department
As we begin the discussion of local control of the fire service, I want to make two points immediately:
1. I am a longtime resident of Temecula.
2. I am a professional career firefighter with more than 36 years of experience.
I love my community, and I am honored to be part of a CALFIRE that has served Temecula during times
of difficulty for 35 years.
For an entire generation, our city has contracted fire services with the County of Riverside, which
subcontracts with CALFIRE for staffing and management of the city fire services.
This arraignment allows for the city to provide five (5) paramedic engine companies and a paramedic
truck company to protect our families, businesses and properties here in Temecula.
It is important to note as comparisons are made that all of our engines are staffed with the NFPA
standard of four (4) members per company. The existing firefighters protecting Temecula provide world
class service to the citizens of this city.
A singularly cost-effective benefit to the present taxpayer and future taxpayers is this contract style of
fire protection has a built in cost savings to the city by not having a pension liability for our firefighters.
While the city does pay the total cost per firefighter, the city is able to avoid the ever increasing cost of
pensions.
In fact, Temecula has successfully paired down the city's pension liability. It is a daunting proposition to
consider increasing a financial burden on Temecula citizens by assuming firefighter pensions.
I appreciate the concerns of local control.
I have spoken with a number of council members over the years about local control of city funded fire
resources, and draw down levels within the city.
We do not have to enter blindly into a contract or sacrifice our own standards on the necessary level of
service — or how the services are reviewed, accounted for and ultimately implemented. I believe that
these concerns can be addressed within the operational controls that the city can insist be included the
contract.
I also know that there has been a concern about work schedule of our firefighters.
Presently, the CALFIRE existing contract will reduce our work week from 72 hours to 66 hours. The goal
is to ultimately bring CALFIRE firefighters to the standard 56 hour work week. A new fire department will
be no less demanding, and will likely lack the dexterity of using resources that are inherent with
CALFIRE's statewide appeal.
From: Sarah Peyton <
Sent: Monday, February 27, 2023 2:19 PM
To: Randi Johl
Subject: public comment city council meeting
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.
Hello,
I wanted to write in to show my support for adding affordable housing to the agenda, specifically preventing rent
increases on public housing.
Thank you,
Sarah Peyton
From: Tammy Meyer <
Sent: Monday, February 27, 2023 4:54 PM
To: Randi Johl
Subject: Comment for ITEMS FOR FUTURE CITY COUNCIL AGENDAS - Item #3: Consider Rent
Control Ordinances for Affordable Housing
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recognize the sender and know the content is safe.
I am writing this public comment in support of Councilman Stewart's request to add the
consideration of rent control ordinances for affordable housing to the items for future city
council agendas.
For too long now landlords of affordable housing complexes have been raking in the
money at the expense of people scraping bottom when it comes to income. In order to
qualify for "affordable housing" our low income workforce neighbors can't make over a
certain income. If they do get a raise that puts them at risk for being evicted. If they're
evicted from affordable housing, then they are likely to become homeless. Year after year
affordable housing complexes raise the rent on their residents when their income doesn't
go up or goes up next to nothing.
These slumlords (yes slumlords) are allowed to profiteer off the backs of some of the most
vulnerable people in our city. Have you seen the conditions these people live in?
Zak... Warehouse at Creekside is in your city council area. It's a disgrace.
A bare minimum starting point is RENT CONTROL for Affordable Housing Complexes.
Please place a discussion of rent control for affordable housing on the next city council
agenda. It's the least you can do.
Please make 2023 the year that you (our city government) do better for our low income
workforce residents. Thank you.
From: Lauren Fournier <
Sent: Monday, February 27, 2023 8:33 PM
To: Randi Johl
Subject: Affordable housing
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.
Hello Temecula city council,
> I'm writing to address the urgent need to have affordable housing put on the agenda.
> Temecula has always been a place where families could go to kickstart their home ownership and raise a family. Sadly,
those days feel like they are gone.
> My husband and I both work full time high level management jobs and still cannot afford to enter the housing market
as it stands. We got lucky with renting a house owned by an anonymous entity in China. Friends of mine with equally
good jobs have had to leave the state to enter the market. As Temecula grows, and houses keep getting pricier, we are
edging out a crucial work force we need to survive and grow.
> Please vote to put this on the agenda so we can keep Temecula a place
> to grow families, Business and opportunity.
> Thank you,
> Lauren Fournier
> Temecula district 1
>
1
From: Latina Association <
Sent: Tuesday, February 28, 2023 9:32 AM
To: Randi Johl
Subject: Public Comment Item for Future City Council Agenda #3 February 28 2023
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.
February 28, 2023
Item for Future Consideration: Rent Control Ordinance for Affordable Housing.
It is commendable the council will consider skyrocketing rent control; however, a serious discussion must take
place to what affordable housing means in Temecula. There is none!
My proposal to the council is to go ahead with considering the ordinance but remove AFFORDABLE; later on,
when the city manager and council agreed to truly build affordable housing for our local working force, then
amend it to include affordable in the text.
The council's proposition to include non -existing affordable housing is misleading, and will potentially protect
the city from fulfilling the State's present and future mandates. This proposal seems like a political stunt, since
general elections are about 18 months away; just remember that all the high school juniors and seniors will be
eligible to vote, and they will remember these mickey mouse policies. They will remember that their parents
could not attend events and school functions, because their parents had to work three jobs to afford their rents.
From: Jennifer Cornelius <
Sent: Tuesday, February 28, 2023 10:30 AM
To: Randi Johl
Subject: Hearing 2/28
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 add affordable housing rent control to the agenda tonight.
There is no reason that the affordable housing should be subject to an annual rent increase. People that are in need of
affordable housing most likely cannot afford an increase and will have to sacrifice food and utilities. Maybe propose an
income verification, but an annual increase is an unfair burden. Curious as to what guidelines the state of CA has for
annual increases.
Affordable housing should not be for profit.
Thank you,
Jennifer Cornelius
Temecula, CA 92592
From: Lana Salyer <
Sent: Tuesday, February 28, 2023 10:45 AM
To: Randi Johl
Subject: Fwd: Agenda Item, Temecula City Council Meeting, February 28, 2023
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Sent from my Whone
Begin forwarded message:
From: Lana Salyer <
Date: February 28, 2023 at 9:25:00 AM PST
To: jessica.alexander@temeculaca.gov, curtis.brown@temeculaca.gov,
brenden.kalfus@temeculaca.gov, zak.schwank@temeculaca.gov, james.stewart@temeculaca.gov
Cc: randi.johl@temecula.gov
Subject: Agenda Item, Temecula City Council Meeting, February 28, 2023
PLEASE place AFFORDABLE housing rent
PROTECTION on the agenda.
Lana Salyer,
1
From: M. Bourbonnais <
Sent: Tuesday, February 28, 2023 4:31 PM
To: RandiJohl
Subject: To be read at tonight's council meeting
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.
This is regarding Councilmember Stewart's request to place rent control for affordable housing on the agenda
for discussion. Emphasis on the word discussion. This wouldn't constitute a vote for rent control. Each council
member is aware there is a growing housing crisis. Several members have publicly acknowledged the
complexity of the matter. As someone who has worked alongside Laurel Lamont, founder of Upward
Community, to grasp the complexity of the housing crisis and find solutions, I understand that the issue is
complicated. This is why public discourse is imperative. Regardless of your personal feelings on rent control,
I'd ask you to be open to a discussion about affordable housing and how rent control might offer a partial
solution to a massive problem.
The housing crisis affects everyone, from small business owners to single moms, to pollution, racism, crime,
poverty, public safety, education, and more — yet it's not a mainstream political topic. In offices and living
rooms and cars stuck on the freeway, people talk about housing. They talk about how it affects their
neighborhoods, businesses, and communities; they experience anxiousness and stress and depression; they
become sick with fear over the next rent increase; yet our elected officials are quiet. They either avoid
affordable housing altogether or end the sentence with "it's complicated." And the media ignores the topic,
because let's face it, housing is boring. Would you click on an affordable housing article when there's a never
ending stream of political gossip and scandal to read? But the media is a profit -driven industry; elected officials,
at least in theory, serve their constituents.
Therefore, please vote to place affordable housing on the agenda for discussion. Let's educate the public on a
topic that impacts working-class families far more than anything the media reports on. Let's collaborate as a
city and make strides toward solutions to the housing crisis, as opposed to being afraid to have a conversation.
After research, public comments, and consideration, you can always vote No on a rent control ordinance. But
today, please represent Temecula's workforce and lead California in a discussion about the housing crisis.
Thank you,
Melissa Bourbonnais
From: JOHN LEONARD <
Sent: Tuesday, February 28, 2023 6:10 PM
To: Council Comments
Subject: RE: Agenda Item 12_Public Comment
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.
Dear Temecula City Council.
I urge you not to adopt portions of the proposed Ordinance Amending Title 5 & 17 as outlined in Agenda Item 12.
Specifically, changes to consolidating terms guest house, and secondary dwelling unit, and to clarify that ADU's will be
used in place of Guest House and Secondary Dwelling Unit for residential accessory uses.
It is vital that all communities in California protect their Local Zoning Ordinances and fight back against SB9 and S610.
What may be advertised as a solution to ease affordable housing shortages is actually a poorly veiled intrusion on the
investments made by existing homeowners. Compliance to SB9 and SB10 will only be the beginning of an endless waive
of legislation aimed at destroying the standards of housing density and quality of life which attracted people to this city
in the first place.
Our Nation has as its core principle, the ideal of Small Limited Government.
Top -down governance MUST be resisted at every instance. Our state capital has done enough destruction to this once
great state. Don't allow them to erode our way of life any further than they have already.
I urge you to join the other communities that have chosen to support the Brand -Huang -Mendoza Tri-Partisan Land Use
Initiative.
Thank You.
J. Leonard